ILR/family memebr of a EEA national

[Raash-here]

Hello there,

first time to this site and many advised that it is very useful and can earn good advise from
many experienced brains.

my case: I came to UK on 05/09/2006 as a student and completed my MBA. I lived in this country for more than 11 years legally and there is no long holiday gap in between these days.
In 2011 I made an application to live with my partner who is a Spanish national(been in this country over 15 years). my current visa (family member of a EEA national which will end on 06/01/2013- 06/01/2018). I am preparing now to apply for my resident permit and very disappointed to hear from my partner he is not willing to help me with his papers.
we were living together all these days but never married. he had some work gaps in this 5 years but working most of the time. I too working most of this 5 years period and now trying to set up a business in Scotland.

as far as I know, my application will be rejected if I cannot provide any supporting documents to prove my 5 year relationship and I am not extending same visa and planning to apply for a permanent resident card.

[also i forgot to mention. my partner not holding a resident card in UK. he might be applying for one soon]

I wonder is there any other option for me to hold on with my 10 year application. what are the chances after it get rejected.

hope to get some valuable information
thank you.

[CR001]

Are you still in a relationship with your partner??

On what date did your last Tier 4 visa expire?

my application will be rejected if I cannot provide any supporting documents to prove my 5 year relationship

To qualify for ILR based on long residence which includes time as an EEA EFM residence card holder, proving relationship is only one aspect. You have to submit substantial evidence that your EU citizen partner has been a qualified person exercising treaty rights for the WHOLE period you were on the EEA route. If you do not have or submit this evidence, your application for ILR will be refused.

[Raash-here]

Thanks for your repaly.
I have good idea about what the application requirements are. My visa history from 2006 is student visa+PSW+family memeber of EEA national.
(This supporting documents of a EEA national added to the application 2 years ago if im rite.)
My partner will come to the court if my application got rejected.

I wanted to know what are the other possibilities for me to go on a judicial review if my application got rejected. On what grounds I can win my resident permit.

[secret.simon]

When did your PSW visa expire? What was the date of the issue of your EFM Residence Card? A gap between the two breaks your Long Residence.

And Section 3C does not apply to EEA Applications. So, even if you applied for an EFM Residence Card before the expiry of your Tier 4 visa, you became an overstayer when your Tier 4 visa expired and only reacquired it when your EFM Residence Card was issued.

[Raash-here]

There is no gap between the visa. I done my EFM application before my tier 4 visa expired. But i got it through the court appeal after a year n half.
There is no illeagal stay in this 11 years time.

[CR001]

In simple terms, if you expect any decent advice and by dates, we need the EXACT dates, i.e. dd/mm/yyyy

What is the date your last UK visa expired?

What date did you submit your EEA EFM application?

Why was it refused?

Why do you believe you have no illegal stay??

As an extended family member of an EU citizen, ie an unmarried partner, you have NO automatic rights, so from the date your last UK visa expired till the date of your RC in 2013, you had no valid leave in the UK.

family member of a EEA national which will end on 06/01/2013- 06/01/2018

You need substantial evidence of your EU partner exercising treaty rights from 6th Jan 2013 upto the date you apply for ILR. Without the documents, your application will fail and you will lose the substantial ILR fee.

(This supporting documents of a EEA national added to the application 2 years ago if im rite.)

Not sure what you mean by this '2 years ago'??

Once has to question why your partner won't provide their documents.

[secret.simon]

I done my EFM application before my tier 4 visa expired.

Did you read my earlier post?

Even if you applied for an EFM Residence Card before the expiry of your Tier 4 visa, you became an overstayer when your Tier 4 visa expired and only reacquired it when your EFM Residence Card was issued.

With an EEA EFM application, you only get the right to reside on issue of the EFM Residence Card. The time the application was being processed does not count. The UK Immigration Rules and EEA Regulations are entirely different creatures and do not have the same requirements or rules.

So, even if you applied for an EFM Residence Card before your Tier 4 expired, your right to reside ended when the Tier 4 visa expired).

If your Tier 4 expired in 2011 and your EFM Residence Card was only issued in 2013, you have a two year of overstay that will not only render your Long Residence invalid for ILR, it will also have an impact on any future citizenship applications before 2023 (10 years after you became illegal.

If you are still a partner of the EEA citizen (assuming that either he has PR himself/herself or has exercised treaty rights for five continuous years), you may be better off applying for PR in 2018.

[Obie]

I don't quite accept Simon's position in relation to the time between the period when OP applied as an Extended family and when.he is granted does not count.

I fully accept that section 3C is not engaged during that time, but for the purposes of Long Residence, he is covered.

The rule specify making application, it does not say which application.