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ILR - possible or not
Posted: Wed Mar 20, 2019 10:23 pm
by rjkshr9
hi,
please help.
i am in uk for 9 years and 9 months now,
my last valid visa was EEA spouse visa with my 1st wife which expired in Feb 2019 but i was divorced already in Sep 2016, now i have applied for FLR (FP) parent route as i have a 4 year old British child, her mother is British too.
My 10 years minus 28 days is on 25 May 2019.
What are my chances of getting ILR
1st visa Student
2nd PSW
3rd EEA residence card
4th - FLR FP - result pending
Is this FLR FP visa will reset my continuos stay of 9 years and 9 months?
please give expert advise.
Thanks
R
Re: ILR - possible or not
Posted: Thu Mar 21, 2019 1:27 am
by zimba
What was the date of your PSW expiry and the date you were granted residence under EEA rules ?
This is important as the section 3C does not extend your continuous residence when you apply for an EEA application.
Re: ILR - possible or not
Posted: Thu Mar 21, 2019 9:36 am
by CR001
immigration-for-family-members/flr-fp-o ... l#p1758384
CR001 wrote: ↑Thu Mar 21, 2019 9:35 am
and am i eligible for ILR once i complete 10 years?
Your right to reside in the UK as the spouse of an EU citizen ended on the date that your divorce decree was issued. If you did you not apply for Retained Rights of Residence after the divorce, you had no legal basis to stay in the UK.
For ILR based on 10 years long residence, you require ALL the documentation from your EU spouse to prove they were a qualified person exercising treaty rights for the WHOLE time you are relying on the EEA RC time that you qualified for up to September 2016.
Re: ILR - possible or not
Posted: Thu Mar 21, 2019 11:20 pm
by rjkshr9
Hi Zimba,
My PSW finished sep 2013 then i made FLRM application in August 2013 but instead of EEA so it was refused then my made fresh EEA application instead of appeal, and was approved in feb 2014.
Re: ILR - possible or not
Posted: Fri Mar 22, 2019 1:48 am
by zimba
Given your circumstances, your continuous stay is broken. You also need to consider the fact that you failed to apply for Retained Rights of Residence after divorce and remained in the UK without a legal basis. This means you are not entitled to be granted ILR
Re: ILR - possible or not
Posted: Fri Mar 22, 2019 7:31 pm
by rjkshr9
Thanks for you reply zimba
So how long to i have to wait now for ILR?
All my previous until now is lost?
Re: ILR - possible or not
Posted: Fri Mar 22, 2019 7:40 pm
by CR001
rjkshr9 wrote: ↑Fri Mar 22, 2019 7:31 pm
Thanks for you reply zimba
So how long to i have to wait now for ILR?
All my previous until now is lost?
Yes, your previous time is lost as you don't have 10 years legal stay.
If you are granted FLR(FP) Parent route, when you qualify for ILR depends if you are on the 5 year path or the 10 year path.