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Dear forum members, please I need advice and information regarding my situation.
I moved in here from Baltic states in 2007 with my Latvian wife. we have two children 10 and 8 years old both born here in UK. there mother disappeared with all the documents when I needed to apply for my indefinite. though, she could not boast of continuous employment for the 5 years as required by EU rules. I was denied the application in 2014 when I applied because I only provided her 3.5 years payslips.
Now, I was advised by home office to go through the children which they at last issued me two and half years. in total, I have completed the 10 years legal residency here. Now, my concern is, since I do not have access to her details anymore and not sure of her employment details anymore, though I can gather her payslips for up to 3.5 years. This my 10years legal stay, would her employment details have effect on my application since we are no more together?
First I was issued a 1 stay year when she had workers registration scheme and after that, I had the 5 years period. it ended in 2014. I was issued another 2.5 years which will expire next month. I am no longer using EU rules. but struggling to understand if I am eligible to apply for the indefinite leave. A lawyer told me that it does not matter if I have lived here legally for 10 years but depends of how I obtained the legal stay for this 10 years.
Please advise me.
Thank you.
Magnus

What are your nationalities?

Is your Latvian wife still in the UK (anywhere in the UK) or has she left? If she left, when did she leave?

Even for ILR(LR), your wife needs to have been exercising treaty rights continuously for you to count it towards ILR(LR).

Thanks for your response. I am from Nigeria. we married in Estonia when I was studying there. We came here with visiting none EU citizen family member visa for 6 months in February 2007. She is here with the children working but can't say how long she has been working. but for the 10 year rule, I wouldn't know if I still need her because my residency does not depend on her status anymore.

Magnus wrote: ↑

Sat Sep 23, 2017 11:14 am

but for the 10 year rule, I wouldn't know if I still need her because my residency does not depend on her status anymore.

Even for the 10 year rule, your residency is entirely based on her status.

The Residence Card issued under the EEA Regulations does not confer an independent right of residence. It is only valid so long as the EEA citizen is living and exercising treaty rights in the UK. If either of them (either living or exercising treaty rights) ceases, the validity of the Residence Card expires.

So, even for the ILR(LR), you will need proof of your wife having lived in the UK and exercised treaty rights for 10 continuous years.

Honestly, I get confused here. Yes, I had all my residency here through the EU rules for about 7years. But We don't live together anymore and in the 10 yrs rule, it did not state how the 10 years is counted but just prove of legally living here for 10 years. if I should provide her details to prove she has lived here for 10yrs, why should I wait till 10 yrs while I should have done it after 5 years.
So, when I read the indefinite to remain if one had lived here legally for 10 years, and I hear that I must prove she had worked and lived here for 10 yrs, I get confused

You are getting confused.

To qualify for ILR based on 10 years long residence, you must have 10 years of legal residence for the whole period

If during YOUR 10 years, you have been on an EEA family member residence card, you MUST submit evidence of your EU citizen sponsor being a qualified person exercising treaty rights for the whole time you relied on the residence card, i.e. 7 years from what you post. Evidence you need would be P60s, payslips, bank statements, Tenancy agreement etc of your EU sponsor. So you would need ALL her documents for the 7 years.

If she was not a qualified person exercising treaty rights in the UK and you don't have all the evidence, your ILR will fail for the same reasons as PR under the EEA/EU route would fail.