10 years ILR

[Kha]

Hi I have been living in the uk for 10 years and I want to apply for ILR I come to uk as student 2007 September and than in 2014 I got unmarried partners 5 years visa with EEA family and now I want to apply for ILR as I have been living here for 10 years but me and my partner don't live at the same address as I find good jop in another city in the uk so we are liveing in 2 different cities but we still meeting in the weekend act I want to know what documents I have to send to home office to get ILR and is my case strong in getting LIR

[makky86]

Hi I have been living in the uk for 10 years and I want to apply for ILR I come to uk as student 2007 September and than in 2014 I got unmarried partners 5 years visa with EEA family and now I want to apply for ILR as I have been living here for 10 years but me and my partner don't live at the same address as I find good jop in another city in the uk so we are liveing in 2 different cities but we still meeting in the weekend act I want to know what documents I have to send to home office to get ILR and is my case strong in getting LIR

ILR based on 10 year residency require only documents below

• All passports covering 10 years
  Life in UK Test
  English language proof

You don't have to provide any other document

[CR001]

ILR based on 10 year residency require only documents below

• All passports covering 10 years
  Life in UK Test
  English language proof

You don't have to provide any other document

Incorrect advice. For 10 years long residence, the OP is required to submit extensive documentation for the WHOLE period that they have been on the EEA/EU route to prove their partner/sponsor is a qualified person exercising treaty rights in the UK.

ILR Long Residence will fail if the EU partner is not a qualified person or the OP does not have the documentary evidence.

[makky86]

ILR based on 10 year residency require only documents below

• All passports covering 10 years
  Life in UK Test
  English language proof

You don't have to provide any other document

Incorrect advice. For 10 years long residence, the OP is required to submit extensive documentation for the WHOLE period that they have been on the EEA/EU route to prove their partner/sponsor is a qualified person exercising treaty rights in the UK.

ILR Long Residence will fail if the EU partner is not a qualified person or the OP does not have the documentary evidence.

I am sorry for providin incorrect information !

[CR001]

ILR based on 10 year residency require only documents below

• All passports covering 10 years
  Life in UK Test
  English language proof

You don't have to provide any other document

Incorrect advice. For 10 years long residence, the OP is required to submit extensive documentation for the WHOLE period that they have been on the EEA/EU route to prove their partner/sponsor is a qualified person exercising treaty rights in the UK.

ILR Long Residence will fail if the EU partner is not a qualified person or the OP does not have the documentary evidence.

I am sorry for providin incorrect information !

No worries. Many members think and believe that ILR LR does not require anything from the EEA/EU time and will face an outright refusal if the documents are not submitted. This is not always a 'safer' route.

[makky86]

ILR based on 10 year residency require only documents below

• All passports covering 10 years
  Life in UK Test
  English language proof

You don't have to provide any other document

Incorrect advice. For 10 years long residence, the OP is required to submit extensive documentation for the WHOLE period that they have been on the EEA/EU route to prove their partner/sponsor is a qualified person exercising treaty rights in the UK.

ILR Long Residence will fail if the EU partner is not a qualified person or the OP does not have the documentary evidence.

I am sorry for providin incorrect information !

No worries. Many members think and believe that ILR LR does not require anything from the EEA/EU time and will face an outright refusal if the documents are not submitted. This is not always a 'safer' route.

But if EEA/EU is not involed then no other document is needed (apart from passport ,LIUK ,english requirement) ,right?

[CR001]

But if EEA/EU is not involed then no other document is needed (apart from passport ,LIUK ,english requirement) ,right?

If an applicant has 10 years legal stay on the UK Immigration rules route, then yes, no need for additional documents unless they do not have all the passports covering the full 10 years.

[makky86]

But if EEA/EU is not involed then no other document is needed (apart from passport ,LIUK ,english requirement) ,right?

If an applicant has 10 years legal stay on the UK Immigration rules route, then yes, no need for additional documents unless they do not have all the passports covering the full 10 years.

Thanks for clarification. You are the best

[Kha]

Thanks for the information really appreciated,
I have proof of income payslips for all the time I have been in the uk but I don't have broof that I have been with my partner is that will be ok

[CR001]

You need more than just your partners payslips. Read the form and guidance notes. The evidence MUST cover the entire period that you have held an EEA Residence card. Your payslips are irrelevant.

Not sure if not living with your unmarried partner is going to be an issue.

What is your immigration history before you got the residence card in 2014??

[Kha]

Thanks for you reply,
I was student to 2014 and than I get eea 5 years visa , I have a lots of proofs that I have been living in the uk like when I go to holiday I have stamps in my passport , and my phone contract bills ,and my jop can confirm that I have been working for the last 5 years with no cuts only when I go for holidays, and I have council tax bills And bank statements , and my payslips for all that time since got eea visa ,and I have the home contract , I have never overstated my visa or never been in trouble with anything against the law , the only thing that I don't have proof that I have been with my partner for the last 3 years, and what documents I need ILR , AND do I need any documents from my partner ,

[CR001]

You are completely missing the point of what I have stated. For the time you have been on an EEA Residence Permit, your employment is completely irrelevant. HO want to know and see all the documentation for your partner to prove your partner is a qualified person exercising treaty rights. IF your partner is NOT a qualifying person exercising treaty rights in the UK, your ILR will fail.

HO want to see all your partners evidence (payslips, bank statements, P60's, utilities bills, tenancy agreement) etc to see if you have held a valid EEA residence card for the whole period since 2014.

Not living together might be an issue.

[secret.simon]

I come to uk as student 2007 September and than in 2014 I got unmarried partners 5 years visa with EEA family

When did your student visa expire (last date of student visa) and when did you get (date of issue) your EEA EFM family visa?

the only thing that I don't have proof that I have been with my partner for the last 3 years

An EEA EFM Residence Card loses validity if you have broken up with your EEA citizen partner. Have you broken up with your EEA citizen partner?

[Kha]

Ok I get it , thanks that was really helpful kind of you , yes my partner in the uk working for all that time and I can got all of this documents from my partner , do I need my partner passport as well , with this documents

[Kha]

My student visa expired in 2014 February but I applied before 28 days of expiring date I got my 5 years visa in jun 2014

[CR001]

My student visa expired in 2014 February but I applied before 28 days of expiring date I got my 5 years visa in jun 2014

You were an overstayer from the date your student visa expired until the date you residence card was issued. You are not covered by Section 3C of the immigration rules when applying for an EEA/EU residence card and you have no automatic rights as an unmarried partner.

You there do not have 10 years lawful residence as you had no legal status between February and June 2014.

[Kha]

I am still with my partner but the only thing we don't live together as We work in deferent cities

[CR001]

Your long residence ILR is likely to fail as you do not have 10 years continuous lawful stay.

[Kha]

I didn't overstay my visa as I got a litre from home office after one week of the date that I applied it says that I still can work and live in the uk if there delay so it's from them I applied on the right time as they allow me to apply

[secret.simon]

I applied before 28 days of expiring date

That is irrelevant for the purposes of applications made under EU law.

I am not sure if applications under EU law are applications for the purpose of the Immigration Rules and therefore whether they would be covered by Immigration Rule 39E (the 28 day grace period).

We know that EU law applications do not extend Section 3C leave, so it is a logical continuation to assume that they do not get the 28 day grace period either.

You may have issues with the gap in legal residence between February and June 2014.

[CR001]

I didn't overstay my visa as I got a litre from home office after one week of the date that I applied it says that I still can work and live in the uk if there delay so it's from them I applied on the right time as they allow me to apply

Getting a letter from HO doesn't give you legal status. Your status in the UK was only restored from the date of the EEA EFM residence card.

[secret.simon]

I am still with my partner but the only thing we don't live together as We work in deferent cities

The Diatta judgment does allow married couples to live separately in the same country. I am not sure that unmarried couples are allowed that privilege.

Unmarried partners have fewer rights than married partners, even after the grant of an EFM. For instance, they can not retain the right of residence in case the relationship breaks down. I think it is therefore implicit that you must demonstrate that there is a subsisting relationship with your EEA citizen partner, especially if you live in different cities.

[Kha]

Thanks for the reply, I really don't know what to do now if its like that then I don't know really what do you advise me as I don't want to the extend of the visa do I have to wait another 10 years

[Kha]

I just checked my visa it expired In 14 of February and the new visa was issued in 24 of march

[secret.simon]

the new visa was issued in 24 of march

When you say "new visa", do you mean your EFM Residence Card (it is not a visa)?