Immigrationboards.com

Dear members

My close friend has completed 10 years in the UK legally but 7 years he was student and then he married to an EU national and has 3 years Discretionary leave.He was married to EU national but his application for EEA spouse was refused initially and later on he was given Discretionary leave to remain for 3 years until June 2014.But his 10 years are now complete

can he apply on the basis of 10 years legal long residency ??
or he has to follow Discretionary leave route??
he has been working all the time and exercising his treaty rights.

Looking forward to hear from expert members.

It seems there were period when he had no status between being student and to when he acquire discretionary leave to remain. Unless he did appeal within 28 days. They might be break in long residence. More info needed.

No there is no break.He was legal during last 10 years.
Will discretionary leave will be considered towards ILR?

Yes DLR can count towards long residence. He will need to prove his EEA-national spouse was exercising treaty rights.

jafferdeen wrote:No there is no break.He was legal during last 10 years.
Will discretionary leave will be considered towards ILR?

Yes you should fine as you have always been legal resident.

Dear Mate,
I will be in the same situation soon in April, I have 4 years and 6 months as student , 2 years as PSW, 3 years and 6 months as EEA Resident Card .
I got few question to ask,
1 . What this Exercising Treaty Means , does it means that your EEA National is currently working in the UK, because she is working part time.
2. Does my wife have to do Apply for PR ( EEA 3 ).All she did was WRS when she came to UK and Started working in April 2009, before that she was studying when she came in 2008. ( EEA National )
3.Will it be ok , when I am sending my application , I should send My Wife ( EEA National ) P60 of work, she is been working from last 5 years without having any out work or claiming any job seeker allowance or job search. Or do I need to send extra documents as well , like Employer Letter she ( EEA National ) is working with from last 5 years .
4. What extra documents are required from me.
I know few things following,
* all old passports and current one
* Life in UK Test
* English Language Test
* Last Few months Bank Statement
* Last 3 P60s of mine ( Optional ) or not.


I will be grate full from your Update from Your Application , and please do correct me if i need to do more things before i send my application.
I want to be mentally prepared for everything I required to do.

Regards
khan

Khan when your EEA family member first came to the UK ? I see she was a student but she had health insurance or EHIC card from her home country ?

So she registered ( WRS ) and then started working . I believe this is when her legal stay ( exercise treaty right ) will count from if she never registered before by sending EEA1 application. A8 nationals ( like your wife ) needed to work continuously for 1 year after WRS registration

4 Years 6 months + 2 Years PSW + 3 yrs 6 months EEA family member = 10 Years

So you would have to send

- WRS certificate + 1 year continues work history after WRS registrration
- Exercise treaty right ( example work history ) for 3 year and 6 month as EEA family member
- Your passport
- Your 10 years proof of address ( you don't have to send for every months )

Your p60 not required .

Dear Mate,

She started Working April 2009, issued WRS in March 2010,
She did not had any health insurance from her country or here in UK.
We got married in Jan 2010.
I can send her Work history from April 2009 , that point is clear to me now.
Sending my 10 years proof of address can be tricky now, I can provide the last 5 years , because in last 5 years we lived in only 2 address , but the first 5 years I would not able to provide , what options I have , I mean how can I provide them , how to get that access , because the first years I was living in London shared houses,
Guidance needed.

Regards

any work done before WRS registration considered illegal according to the UKBA even if is for 2 years. But you will be OK just send her work history after marriage and WRS certificate

Proof of address may be not important . Your passport will tell you how long you been outside the country. May be SAR request will help you

http://www.ukba.homeoffice.gov.uk/navig ... onal-data/

Dear Mate ,
My EEA national started working in April 2009, but she applied in for WRS in Jan 2010, issued WRS in March 2010,
MY Wife (EEA National ) , she never changed her Job April 2009 till now, she is still working for the same company when she applied for WRS in Jan 2010.
For the Following Question from you ,

"Proof of address may be not important . Your passport will tell you how long you been outside the country. May be SAR request will help you"

If you mean how many Days I spent outside the country in 10 years times (UK), I spend only 280 days in 10 years times , which was not together I mean , average I have been out country only for 25 days a year not more then that.

Regards
Khan

If you have all passports covering 10 years then you (non-eu) national won't need proof of address but most probably have to attach the proof of address of EU national partner in order to demonstrate that EU national had not been absent for more than 6 months in year. Remember, in order to count the time for long residence with EU route the activities of EU national will be relevant which in your case is working.

Dear Mate ,
My EEA National wife , she not been not out of UK more than 15 days a year, just for vacation back home to visit her Parents.( For Last 5 Years ).
So in Conclusion all I need is ,
* All ten years Passport
* Life in UK Test ( Passed 2011 )
* English language Test (Passed 2014 )
* My Bank Statement
* WRS ( EEA National original Certificate )
* EEA National Work History for from the time She was issued WRS March 2010 ( e.g. P60's probably , plus pay slips )

So hopefully it means I will be Eligible for Long Residency ( 10 Years ) Rule.

Regards
Khan