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Ilr for eea2 applicant
Posted: Mon May 21, 2012 9:49 pm
by angel25
I'm not sure this is the right place to post this, sorry if it is not.just wondering if any one had a situation where you spent 9 years on a student visa and tier 4 visa then change it to a residence card under eea regulations.Then apply for ilr under 10 year rule.Its coz i spent 9 years on student,tier 4 visa and now i have applied for eea2 residence card.my 10 years will be next august.i have a tier 4 visa which expires on november 2013.but since im not allowed to work i decided to apply for eea2.am i elligible for ilr under 10 year rule if i have mixture of uk and eea leave?thank you very much guys.you guys are very helpfull.
Re: Ilr for eea2 applicant
Posted: Mon May 21, 2012 11:07 pm
by Jambo
angel25 wrote:am i elligible for ilr under 10 year rule if i have mixture of uk and eea leave?
Yes. See page 27 of
Long Residence - modernised guidance.
Posted: Tue May 22, 2012 9:40 am
by angel25
Thank you very much jambo you are always very helpful.

Re: Ilr for eea2 applicant
Posted: Thu Oct 11, 2012 12:39 pm
by imraniqbal2010
During the time spent in the UK under the provisions of the EEA regulations, the individuals
are not subject to immigration control, and would not be required to have leave to enter or
leave to remain. For more information, see related links: 05 Residence card applications.
However, you must apply discretion and count time spent in the UK as lawful residence for
family members of EU or EEA nationals exercising their treaty rights to reside in the UK, if
they meet all the other requirements for long residence.
Page number 30 on
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Posted: Thu Oct 11, 2012 4:40 pm
by Englandd
In this case you can apply ILR after completing your 10 years. However, just keep in mind that the time you will spend on EEA2 RC your EEA national partner must be excercising EU treaty rights in the form of student, self sufficient, worker, self employed etc. If you can give evidence of that then surely you will get your ILR.
Hope it give your better sense.
Posted: Thu Oct 11, 2012 4:42 pm
by imraniqbal2010
Englandd wrote:In this case you can apply ILR after completing your 10 years. However, just keep in mind that the time you will spend on EEA2 RC your EEA national partner must be excercising EU treaty rights in the form of student, self sufficient, worker, self employed etc. If you can give evidence of that then surely you will get your ILR.
Hope it give your better sense.
If eea family member got PR then dont need to show treaty rights anymore I belive?
Posted: Thu Oct 11, 2012 5:06 pm
by Englandd
Normally EEA family member gets PR after 5 years under EEA law but in the above mentioned example the only sensible approach should be to apply ILR on completion of 10 years. Remember to know that for getting/holding EEA2 RC only the EEA national activities are counted, therefore the time spend under EEA2 need to be based on the activities of EEA national that is called excercising Eu treaty rights.
EEA and ILR 10 Years
Posted: Mon May 13, 2013 7:22 pm
by Pay
any update ? any news ? have they accepted your time under EEA as part of 10 years
Posted: Mon May 13, 2013 7:51 pm
by sheraz7