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Hello

I need some help here. I am intending to apply for ILR based on 10year long residence. I came to UK in January 2003 on student visa. I had been extending my student visas until 2010 for 8 years continous leave. I got married in 2010 and switched to non eea residence card for 5 years. I had been on non eea residence card for last 2 years. I will complete 10 years continous residence in Uk in December 2012. I understand UKBA excersizes discretion and count time spent as non eea dependant to complete 10 years long residence. Is that correct?
Also in may 2008 I applied for my leave to remain extension in time, however home office sent me a letter with my application back saying my payment had been declined. This happened as the credit card authorisation failed, but when I received the application back, my leave was expired by 3 days. On their letter it said submit a fresh application, which I did rightaway. The entire duration from them sending my application back to me resubmitting my application was 8 days. I understand the home office again excersizes discretion for a one off 10 days. As it was not my fault, credit card auth failure, and my initial application was before my leave expired. Please can someone advise me, I am very worried.

Are you still living with your partner under EU rules and able to continue in that capacity? The discretion applied by the UKBA is in circumstances where the applicant is generally not able or ineligible to apply for PR under EU rules, but has completed 10 years of legal residence in the UK.

Thanks Lucapooka for your reply. I am still living with my partner and have a 2year old son who is also an EEA national. However I am worried the relationship will be ending soon and my wife will return to her country with my son. I am very worried about that and what will happen with my legal status once she returns to her country.I had leave to remain as a student for several years until 2011 and in my naiveness I switched to non eea dependant in 2010. I was under the impression that it will still count towards the 10 years legal residence.

I think all you do is apply (it's a free application) and see what kind of response you get. Nothing ventured, nothing gained.

Thanks again. I might have to spend and get a solicitor.
But I understand ILR on 10 year stay is not free application. Correct me please.

Yes, sorry, I was momentarily distracted by the EU element of the discussion.

Ok thanks for the advise. But I am hoping that UKBA will count my 2 years under eea dependant residence permit towards 10 year continous legal residence. I wonder if anyone else had been in this situation? And any outcomes.

AlSo any comments/advices on the 8 days break I had between by leave to remain in 2008 due to payment decline in my initial application as mentioned in original post.

If they haven't changed the wording of the rules on 9th July, then residence under non-eea family member of eea national will count towards 10 years residence application.

The requirement is "10 years lawful residence". Now lawful residence can be under UK immigration rules or EEA regulations.

Guys any update or success story in regards to have EEA as part of ILR 10 years ?

I really appreciate your reply.

Many Thanks