ILR after EEA2, is it possible?
Posted: Mon Nov 25, 2013 1:53 pm
Dear respected Moderators and forum members,
Could you please kindly share your opinions on the following case:
Friend of mine, who is Russian national wants to apply for ILR but I don't think he should do it.
His immigration history:
25 July 2003 - 30 June 2009 student visa,
March 2009 - applied for HSMP but was rejected in June 2009 (ex-employer didn't confirm in full his employment details).
30 June 2009 - new application for student visa.
October 2009 - applied for Certificate of Approval for marriage, that was received in Dec 2009.
February 2010 - married his long-time girl-friend.
01 November 2010 - received EEA Family Member Resident card for 5 years on A4 paper. Two weeks later Home Office sent him refusal letter for his student visa application submitted 30 June 2009 and his passport. As per my friend's words he called Home Office straight away and informed them about his EEA status.
Him and his wife decided to divorce in June this year and Decree Absolute was issued in the beginning of this month. They have one child and his ex-wife is self-employed.
Q1. Now he wants to apply for ILR on 10 years rule, but I'm telling him that he should apply for ROR. As he wasn't under UK Immigration rules for 10 years, he spent 3.5 years under EU Immigration law. Am I correct?
Q2. Also I think he lost his legal status when he applied for student visa in 2009 as eventually it was refused, am I right thinking that? on top of that one of the conditions of his HSMP refusal was that Home Office suspected his bank statements were forged and in the letter it was stated that he could only apply for spouse visa as any other application would be refused.
Respected Gurus, could you please kindly share your opinions?
As his immigration history is almost the same as mine except couple of details (I've never applied for HSMP and don't have a child). Now I'm completely lost whether to apply for ROR or follow his route and submit ILR application. All your advises will be much appreciated.
Thank you very much
Artur
Could you please kindly share your opinions on the following case:
Friend of mine, who is Russian national wants to apply for ILR but I don't think he should do it.
His immigration history:
25 July 2003 - 30 June 2009 student visa,
March 2009 - applied for HSMP but was rejected in June 2009 (ex-employer didn't confirm in full his employment details).
30 June 2009 - new application for student visa.
October 2009 - applied for Certificate of Approval for marriage, that was received in Dec 2009.
February 2010 - married his long-time girl-friend.
01 November 2010 - received EEA Family Member Resident card for 5 years on A4 paper. Two weeks later Home Office sent him refusal letter for his student visa application submitted 30 June 2009 and his passport. As per my friend's words he called Home Office straight away and informed them about his EEA status.
Him and his wife decided to divorce in June this year and Decree Absolute was issued in the beginning of this month. They have one child and his ex-wife is self-employed.
Q1. Now he wants to apply for ILR on 10 years rule, but I'm telling him that he should apply for ROR. As he wasn't under UK Immigration rules for 10 years, he spent 3.5 years under EU Immigration law. Am I correct?
Q2. Also I think he lost his legal status when he applied for student visa in 2009 as eventually it was refused, am I right thinking that? on top of that one of the conditions of his HSMP refusal was that Home Office suspected his bank statements were forged and in the letter it was stated that he could only apply for spouse visa as any other application would be refused.
Respected Gurus, could you please kindly share your opinions?
As his immigration history is almost the same as mine except couple of details (I've never applied for HSMP and don't have a child). Now I'm completely lost whether to apply for ROR or follow his route and submit ILR application. All your advises will be much appreciated.
Thank you very much
Artur