Extant leave to remain?

[mallakxxxx]

Hey,can somebody please guide me as to what extant leave to remain means in general?


came to uk on work permit holder dependant 2002-2004.

sent application to extend leave......and im not sure on what basis or what was the deal cuz i was young and not bothered about such stuff........but the passport remained with ho till 2010.

when i applied for coa in 2010, application pending in HO since 2004,

So having looked at the Certificate of approval that I received when getting married, it states that
"I didnt meet the regular criteria and because I had extant leave to remain, coa has been granted so Ho can give effect to the judgement in case of Baiai and others vs secretary of state"

Now none of this clarifies anything for me and I was hoping you could help me figure out what in the world is extant leave to remain? and secondly is there any provision for me to use it towards my ten years stay thing?

Much appreciated.

[CR001]

Extant leave means valid leave or valid visa (i.e. not expired)

[mallakxxxx]

Oh ok. Thanks. Ive sent in a sar request so that will hopefully clarify it as well.

Application was pending since 2005.

In 2010 the coa letter said I had extant leave to remain, I am on residence card from 2010 till 2015...does that make me eligible to apply for pr on ten years basis?

Thanks a lot.

[CR001]

residence card from 2010 till 2015

Is your spouse an EU citizen??

[mallakxxxx]

Yup. But the treaty rights are not continous for whole five years. i.e No CSI during the self sufficiency periods when she wasn't working.Got the CSI now and gonna send that in as well just incase we get lucky but I am trying to see if I qualify for pr anyways first.

[CR001]

Even if you apply for ILR based on 10 years long residence which includes time as an non-EU spouse, you still have to provide proof of exercising treaty rights and CSI etc.

See page 14 and 15 in Set LR Form (Click)

[mallakxxxx]

Ah ok thanks. Well she worked full time from 2010 till 2013.

So my imaginary timeline is as follows

2002 - 2004 - Valid leave to remain

2005 - 2010 - Extant leave to remain

2010 - 2012 - Eea dependant with proof of treaty rights as she was in full time employment.

Is this a suitable option by any stretch of imagination?

Thanks

[mallakxxxx]

No? Nothing?

[CR001]

I am not sure about the period to calculate which includes time as an EEA family member or whether you can choose which period of 10 years you want to use. Perhaps another member or mod can advise.

[mallakxxxx]

Aye aye. Thanks a lot for your assistance.

Anyone willing to give any more advise would be greatly appreciated.

Thanks

[Amber]

EEA time can count insofar as you had the right to reside.

[mallakxxxx]

Aha.
Cheers.
My residence during the qualifying time....as per the EEA time so as to speak.... was as a EU dependant spouse.
So I didnt have any right to reside on my own. Does that invalidate it then or Am i alright?

Thanks