10 years route

[mohand11]

hello

please a bit of advise

this is my full story since i came to uk

i first entered 15 sep 2008 with 6 month visit visa
got married to eea jan 2009
had my family member permit jun 2009.
stared divorce jun 2013
divorce came November 2014
applied for retain right ROR on December got refused due my ex wife not working after divorce
i appealed the case jan 2015 got court date 29 jun 2015.
withdraw the appeal 1 june 2015 and i applied for an other eea family permit with my gf as unmarried couple .
received my RC December 2015 valid till 2020.

my question is next year September 2018 i will complete 10 years legally in the uk .can i apply for 10 years route ?or is better to wait till 2020 and apply for PR
if i apply and got refuse will my current RC get affected ?
note that i am still with my eea gf .

thx for your help.

[CR001]

For 10 years ILR which includes time as an EEA/EU FM, you are required to submit ALL the documents to prove your ex was a qualified person exercising treaty rights right up to the date of divorce and issue of decree absolute.

[mohand11]

thx a lot for your time .

well my ex stopped working just few months after i started divorce .

i take it then i should wait for the 2020 when my eea permit finish .

what about the second question about my RC will it get affected if i applay for 10 years route and refused?

note : am still with my eea gf and she just had her permanent residence last month.ans eea qualified person .
thx a lot

[CR001]

thx a lot for your time .

well my ex stopped working just few months after i started divorce . If she did not work until your were official divorced, you won't qualify for long residence ILR and that is the same reason your ROR was refused. You will also lose your ILR fee if you apply, which is £2,297 (postal) or £2,297 + 590 (in person, same day) and will probably increase again next year April.

i take it then i should wait for the 2020 when my eea permit finish . Best option and keep an eye on the Brexit stuff and EU citizens and partners

what about the second question about my RC will it get affected if i applay for 10 years route and refused? No it won't.

note : am still with my eea gf and she just had her permanent residence last month.ans eea qualified person . A point to remember is that if she applies for an gets British Citizenship, she will no longer be able to sponsor you on the EEA/EU route either.
thx a lot

[mohand11]

thx a lot for your reply .

[mohand11]

Hello
i hope i get some advice on here .
my situation is like this :

i came to uk Sep 2008 with visit visa for 6 months ,during my visit visa i got married to an EEA national and i applied for my RC as EEA family member feb 2009 and i got my RC july 2009 for 5 years .
but got divorced with my ex April 2013.
i applied for ROR based on 3 years marriage but got refused as my ex wasn't working up to the divorce came out .
i appealed the decision jan 2015 i got the date to the court for June 2015.
but during that time waiting to go to the court i made a fresh application with my new partner as unmarried partner and i submitted the application June 2015 .
i got my RC with my new partner as an EEA family member (unmarried) Nov 2015 ,for 5 years.
but now me and my partner we about to split up .
i have all evidence that we been living together for over 4 years now 2 years before RC and more than 2 years in RC.
my EEA partner she got her PR as she lived here for more than 7 years and she always been working .
and she still willing to help with what ever she just believe we cant be a couple anymore .
My RC will expire Nov 2020 .
we still live in same house for now and all the bills and letter in same address .
my question is
-will be able to apply for 10 years route as i have all the proofs that i been working here legally since i first came to uk ?
- if not what are my options here ?

i will appreciate all advises .

Thanks

[seagul]

Your rights derived from the activities of EU national partner and in order to count the time spent under EU route as legal the EU national partner must be excercising it's treaty rights by working, studying, self employment etc. So if you can't attach such proof about EU national partner then your time spent won't be legal and won't be counted under EU and UK immigration law.

[CR001]

Topics Merged (click)

[CR001]

The advice you were given last year when you asked a similar question is still the same.

You need evidence from all your EU partners for the whole time you have been on the EEA route if you want to apply for ILR under long residency.

If you and your current partner split up, your rights cease as you are not married.