EEA2 and ILR 10 years

[HONDAKKJ]

Hello All
i want to ask if someone has applied for an EEA eFM AND THE DECISON has not been made yet and in the mean time applicat's 10 years time is completed then does
he qualify for the ILR?

[CR001]

What is your uk immigration history including visa start and expiry dates?
Who is ypur EU sponsor and relation to you?

[secret.simon]

Hello All
i want to ask if someone has applied for an EEA eFM AND THE DECISON has not been made yet and in the mean time applicat's 10 years time is completed then does he qualify for the ILR?

No.

EEA applications do NOT extend leave, even if submitted before the leave expires. You would be an overstayer between the day your earlier leave expired and the day the EFM Residence Card was issued. Therefore you likely won't be eligible for ILR(LR).

As CR001 has advised, provide us with your entire immigration history for us to assist you further.

[Richard W]

EEA applications do NOT extend leave, even if submitted before the leave expires. You would be an overstayer between the day your earlier leave expired and the day the EFM Residence Card was issued. Therefore you likely won't be eligible for ILR(LR).

I think the issue is less clear than it seems. Free Movement has a piece on AS (Ghana) v. SSHD settling the issue, but that judgement has the argument re family members that

They either have those rights or they do not have those rights

I don't think that argument applies to extended family members; it is only the issue of a permit or card that gives an extended family member the rights of a family member.

However, the position of the HO is that applying for an RC as an EFM does not in any way extend leave, so only in desperation should one rely on it so doing.