Non-EU/EEA APPLYING FOR 10 years long residence

vickylol · Post by **vickylol** » Mon Jul 15, 2013 8:06 am

Dear Moderator

I am Planning to Apply for 10 years Long residence (PR) as my 10 years stay is completing lawfully and legally. pervious i was on student then on post study work and then EEA Family members last 2 years (In Marriage visa from 2011). So can you please explain me what is mean below paragraph It's look Confusing for me. Please can anyone guide me what to do
and help me as well. as anyone has gone through with that kind of application so please update me.

Many thanks
VICKY

Time spent in the UK does not count as lawful residence under paragraph 276A of the Immigration Rules for
third country nationals who have spent time in the UK as:

the spouse, civil partner or other family member of an European Union (EU) , or an EEA national exercising
their treaty rights to live in the UK but have not qualified for permanent residence

former family members who have retained a right of residence.

During the time spent in the UK under the provisions of the EEA regulations, the individuals
are not subject to immigration control,and would not be required to have leave to enter or leave to remain.
For more information,see related link:05 Residence card applications

However, you must apply discretion and count time spent in the UK as lawful residence for
family members of EU or EEA nationals exercising their treaty rights to reside in the UK,
if they meet all the other requirements for long residence.

Post by **Jambo** » Mon Jul 15, 2013 11:05 am

EEA regulations are outside the UK immigration rules. Long Residence ILR is based on UK immigration rules so strictly speaking time under EEA regulations should not count. However, in practice, discretion is applied and it does count as long as you can demonstrate you are following the EEA requirements (EEA national is exercising treaty rights). You will need to provide evidence to show the EEA national was exercising treaty rights during that time.

vickylol · Post by **vickylol** » Mon Jul 15, 2013 12:57 pm

Dear Jambo

Thanks for your info I am very glad. Could you please tell me in more detail you said:

discretion is applied and it does count as long as you can demonstrate you are following the EEA requirements (EEA national is exercising treaty rights). You will need to provide evidence to show the EEA national was exercising treaty rights during that time.

My question is what kind of evidence do I have to show or proof them is from my side.
Or do I need some kind of evidence from my wife which is EU National.

Best Regards

Post by **Obie** » Mon Jul 15, 2013 1:09 pm

Precisely.

All things being equal, you will need to established that your spouse was a qualified person, during the period you seek to claim lawful residence under the EEA regulations, for your application to succeed.

vickylol · Post by **vickylol** » Mon Jul 15, 2013 1:58 pm

Obie wrote:Precisely.

All things being equal, you will need to established that your spouse was a qualified person, during the period you seek to claim lawful residence under the EEA regulations, for your application to succeed.

Dear Obie
What kind of establishment do I have to proof to HO. Can you please explain me more. Do I need any document or how I can proof.

Post by **Jambo** » Mon Jul 15, 2013 2:14 pm

Have a look at form EEA4. Basically what is required in the form (for duration of 5 years) you will need to prove for the relevant time you require.

vickylol · Post by **vickylol** » Mon Jul 15, 2013 2:47 pm

Jambo wrote:Have a look at form EEA4. Basically what is required in the form (for duration of 5 years) you will need to prove for the relevant time you require.

Dear Jambo

I only need prove document my side in those 2 years I have spend in EEA family member or do I need my wife document also to proof as well.

Post by **Jambo** » Mon Jul 15, 2013 3:02 pm

You will need your wife's documents as well as your status is dependant on her activities. Check the EEA4 form.

too old · Post by **too old** » Mon Jul 15, 2013 10:49 pm

you need to know if not what exercising treaty rights mean and that the time you spent in uk with eea national as a family member depends on the activities of eu national fam member.
say she is or was working through out the two years u want to add to your 10 years haul, provide salary slips of your wife, letters from employers or any thing that can prove that she was working/studying or any means of exercising the treaty rights

Imshzd · Post by **Imshzd** » Mon Jul 15, 2013 11:21 pm

For long 10 years legal residency you are require
1:your valid passport and all old passports
2:your last 3 months bank statements.
3:your EEA national sponcer and your 2 years proof of residency and EEA nationals treaty rights.(payslips etc).

Nothing else.

As you spend 8 years under immigration laws so they have your all 8 years record.

As you spend 2 years as a family member of an EEA national so you are require to prove that 2 years spend in the UK according to the EU regulations.

And that's all.nothing else.

vickylol · Post by **vickylol** » Tue Jul 16, 2013 10:20 am

Thanks guys for helping me out. Can anyone please share a link for EEA4 guidance note. I will be very thankful to you.

vickylol · Post by **vickylol** » Tue Jul 16, 2013 7:03 pm

Imshzd wrote:For long 10 years legal residency you are require
1:your valid passport and all old passports
2:your last 3 months bank statements.
3:your EEA national sponcer and your 2 years proof of residency and EEA nationals treaty rights.(payslips etc).

Nothing else.

As you spend 8 years under immigration laws so they have your all 8 years record.

As you spend 2 years as a family member of an EEA national so you are require to prove that 2 years spend in the UK according to the EU regulations.

And that's all.nothing else.

Dear Imshzd
As i understand from your Quote that i need only my side to proof 2 years i have spend in EU/EEA family member in UK. (which is payslip etc)
but i dnt need to proof my wife any documents.
as i am right or wrong can you please tell me.

Best Regards.

Post by **sheraz7** » Tue Jul 16, 2013 7:11 pm

You will have to prove that your EEA national partner were a qualified person and therefore will certainly need the evidences to be attached along with the long residence application. Whatever mode of treaty rights your EEA partner exercised its evidences will be needed. If you check EEA4 form then the same evidences will be required for that period.

Note:
The right you get is mainly derived from the activities of your EEA national partner and in order to be counted that period as legal residence these evidences are imperative.

Post by **Jambo** » Tue Jul 16, 2013 8:40 pm

vickylol wrote:Thanks guys for helping me out. Can anyone please share a link for EEA4 guidance note. I will be very thankful to you.

See first pages of Form EEA4.

vickylol · Post by **vickylol** » Thu Jul 18, 2013 11:02 am

I have a problem can anyone help or advices please

In this 10 years long residence during EU time my wife was not working for few months nearly about 11 months. But she didn't claim any benefit or job seeker allowance.
But the problem she was not having health insurance during that time of period. So anyone can please advice me or help me out

Best Regards

Post by **Obie** » Thu Jul 18, 2013 11:33 am

why was she not working? was she made redundant or she resigned?

during her unemployment, what was she doing? was she seeking job or studying? was she registered at any point?

askmeplz82 · Post by **askmeplz82** » Thu Jul 18, 2013 4:35 pm

Obie wrote:why was she not working? was she made redundant or she resigned?

during her unemployment, what was she doing? was she seeking job or studying? was she registered at any point?

I don't think EEA national need to be registered . as long he/she looking for job in Job center, online or offline and can show proof of rejection or applications for job to various companies.

How many people register with job centre for job seeker allowance if they are professional?

vickylol · Post by **vickylol** » Thu Jul 18, 2013 7:25 pm

Obie wrote:why was she not working? was she made redundant or she resigned?

during her unemployment, what was she doing? was she seeking job or studying? was she registered at any point?

She was get redundant from work then she was looking for work. Dropping the CVs in shop and agency but she didn't registry with job Center. She was not studying at all.

vickylol · Post by **vickylol** » Fri Jul 19, 2013 10:39 am

Can anyone tell that in this kind application in 10 years long residence with 2 year EU family member applying on discretion bases. What are my chances to get success. Dose anyone have ever come a cross with this kind of application.

Best Regards

Post by **Obie** » Fri Jul 19, 2013 1:58 pm

Regulation 6 (2)(b) does require a registration at the job centre.

Post by **sheraz7** » Fri Jul 19, 2013 3:04 pm

vickylol wrote:Can anyone tell that in this kind application in 10 years long residence with 2 year EU family member applying on discretion bases. What are my chances to get success. Dose anyone have ever come a cross with this kind of application.

Best Regards

See this thread:

http://www.immigrationboards.com/viewto ... ht=#842016

vickylol · Post by **vickylol** » Sat Jul 20, 2013 11:29 pm

Obie wrote:Regulation 6 (2)(b) does require a registration at the job centre.

if i show those gap as a self employed for my wife is it will be alright. do i need to be careful in showing self employed i mean like number of hours or pay in self employed.

as i have seen the application form for long residence in document requirement is as need to show Council tax letter and gas, electricity and water bills each years need to show. are all these letter must to show.

what about english language requirement. i have UK university Degree is that will be alright. or i need to give a test.

sisco · Post by **sisco** » Fri Jul 26, 2013 6:08 pm

HI all
just want to know can i apply for ilr long residency if
i have 7 years as student
and 3 years as non EEA family member ( married since OCT 2009 TILL JAN 2013) more than 3 years
but now divorce with decree absolute
which form to use and the relevant documents to provide to HO
THANKS for your help

simo1985 · Post by **simo1985** » Mon Jul 29, 2013 3:29 pm

dear all
I was wondering if you lose contact with your spouse and you can not prove she is active treaty

askmeplz82 · Post by **askmeplz82** » Tue Jul 30, 2013 7:22 pm

simo1985 wrote:dear all
I was wondering if you lose contact with your spouse and you can not prove she is active treaty

only on exceptional cases HOME Office can collect the information from HM revenue

read here: http://www.bailii.org/uk/cases/UKIAT/2010/00003.html

Immigrationboards.com: Immigration, work visa and work permit discussion board

Non-EU/EEA APPLYING FOR 10 years long residence

Non-EU/EEA APPLYING FOR 10 years long residence

7 years as student & 3 years as EEA family memb but divo

prove of active treaty

Re: prove of active treaty