Does time spent on EEA 2 application count towards 10 years long residency?

[scot2017]

Hello forum members,

I understand case worker can apply discretion on the matter of time spent on EEA regulations for long residency applications. But I need to know, does the processing time for EEA2 residence card application for a non EU national and the time spent for appeal for the same application counts towards 10 years lawful continuous residence?

My application for EEA 2 has been refused and appeal pending to be heard next year. My 10 years completes on 22nd of December 2017. I varied my EEA application to point based under Tier 1 which is still pending too. So, your guidance in this regard will be highly appreciated.

Best regards

[zimba]

Time spent under EEA route visas count towards the continuous lawful residence period for SET(LR) however you get no section 3C protection under EEA regulations. Therefore any time spent applying and appealing an application under EEA regulations (while holding no valid UK visa) is counted as overstaying under the UK immigration law and that breaks the continuous lawful residence period required for SET(LR)

[CR001]

What is your relationship to the EU sponsor (spouse, unmarried partner, uncle, aunty, father....etc)??

What is your FULL immigration history, including visa start dates, visa expiry dates, dates of applications?

[scot2017]

Thanks for your replies.

I applied as a married partner under EEA FM.

I entered UK on 22nd December 2007 as a student. I then remained on student visa and psw until 2013. Got Tier 1 Ent visa but wanted to switch to EEA route after the initial 3 years visa in 2016. Realising that EEA application might break my continous residence i made an application for variation under PBS Tier 1 Ent which is still pending. I made the EEA application in time but the Tier 1 application 3 months later.

Thanks

[CR001]

My understanding is that you cannot 'vary' applications across two completely different sets of rules, i.e. EEA/EU rules and UK Immigration Rules.

When did you get married?

What date did your previous Tier 1 expire?

What date did you submit your EEA Residence Card application?

What was the exact reason for refusal of the EEA Residence Card?

Did you apply within the UK for the EEA Residence card?

[scot2017]

My understanding is that you cannot 'vary' applications across two completely different sets of rules, i.e. EEA/EU rules and UK Immigration Rules.

When did you get married?

What date did your previous Tier 1 expire?

What date did you submit your EEA Residence Card application?

What was the exact reason for refusal of the EEA Residence Card?

Did you apply within the UK for the EEA Residence card?

Yes you are right regarding variation CR001.

I got married in 2009

Tier 1 expired on 3rd of April. I applied well within time for EEA.

I applied for EEA on the 2nd of March 2016.

We married overseas so they were "not satisfied" with marriage certificate.

Yes, I applied for leave to remain.

Thanks a lot CR001 for your time and responses. Much appreciated.

[CR001]

Your rights are automatic as you are married to an EU (non British I assume) spouse. This means that from the date of married your time as a spouse of an EU citizen is active.

Did you not submit a translated marriage certificate?

You should not have jumped/panicked and applied for Tier 1 in my opinion.

[scot2017]

Your rights are automatic as you are married to an EU (non British I assume) spouse. This means that from the date of married your time as a spouse of an EU citizen is active.

Did you not submit a translated marriage certificate?

You should not have jumped/panicked and applied for Tier 1 in my opinion.

Wife joined me in 2015, but i provided all the proofs on contact and pictures etc during the time. Also a translated copy of marriage certificate was submitted. Thanks

[CR001]

I don't understand then what their issue was with marriage cert?

Was and is your spouse exercising treaty rights since arriving in the UK?

[scot2017]

Yes, she is working full time since she arrived here. Its really frustrating. Anyway i will apply for ILR, still. Will post about the outcome. Thanks for your guidance CR001.

[scot2017]

Update for the benefit and information of the forum members as I was looking for the same answer previously. So I can cofirm as I got my ILR yesterday, it took a while to be decided though. Thank you to CR001 and Zimba for their valuable inputs. All the best everyone.

Hello forum members,

I understand case worker can apply discretion on the matter of time spent on EEA regulations for long residency applications. But I need to know, does the processing time for EEA2 residence card application for a non EU national and the time spent for appeal for the same application counts towards 10 years lawful continuous residence?

My application for EEA 2 has been refused and appeal pending to be heard next year. My 10 years completes on 22nd of December 2017. I varied my EEA application to point based under Tier 1 which is still pending too. So, your guidance in this regard will be highly appreciated.

Best regards