ILR after EEA2, is it possible?

[Artur1]

Dear respected Moderators and forum members,

Could you please kindly share your opinions on the following case:

Friend of mine, who is Russian national wants to apply for ILR but I don't think he should do it.

His immigration history:

25 July 2003 - 30 June 2009 student visa,

March 2009 - applied for HSMP but was rejected in June 2009 (ex-employer didn't confirm in full his employment details).

30 June 2009 - new application for student visa.

October 2009 - applied for Certificate of Approval for marriage, that was received in Dec 2009.

February 2010 - married his long-time girl-friend.

01 November 2010 - received EEA Family Member Resident card for 5 years on A4 paper. Two weeks later Home Office sent him refusal letter for his student visa application submitted 30 June 2009 and his passport. As per my friend's words he called Home Office straight away and informed them about his EEA status.

Him and his wife decided to divorce in June this year and Decree Absolute was issued in the beginning of this month. They have one child and his ex-wife is self-employed.

Q1. Now he wants to apply for ILR on 10 years rule, but I'm telling him that he should apply for ROR. As he wasn't under UK Immigration rules for 10 years, he spent 3.5 years under EU Immigration law. Am I correct?

Q2. Also I think he lost his legal status when he applied for student visa in 2009 as eventually it was refused, am I right thinking that? on top of that one of the conditions of his HSMP refusal was that Home Office suspected his bank statements were forged and in the letter it was stated that he could only apply for spouse visa as any other application would be refused.


Respected Gurus, could you please kindly share your opinions?
As his immigration history is almost the same as mine except couple of details (I've never applied for HSMP and don't have a child). Now I'm completely lost whether to apply for ROR or follow his route and submit ILR application. All your advises will be much appreciated.

Thank you very much

Artur

[vinny]

I agree that it may be safer/cheaper for him to remain on the EEA route.

[Artur1]

Thank you for your answer Vinny,

I'm going to apply for ROR in couple of weeks as waiting for Decree Absolute.

My soon-to-be-ex-wife is self-emlpoyed,

She is ok to provide me with:

- her bank statements (with monthly NI contributions direct debit payments),
- her latest invoice book (she writes invoices herself and gives a duplicate to her customer)
- Tax calculations letter from HMRC for last 3 years and letter regarding her NI contributions' payments set-up
- Accountant letter.

I'm gong to ask her for a couple of business cards, as I was helping her to order them in the past. So I know she does have them.

Also I have kept our rental agreements for the last two years, plus utility bills and I found couple of monthly statements of our joint bank account.

Do you think I have enough supporting documentation to be successful with my ROR application?

My only worry is, her customers normally pay her cash-in-hand, but from the past I know she always deposits those payments into her bank account (before she was depositing it into our joint account). Do you think it will create any problem?

Thank you very much for sharing your opinion.

[Artur1]

Good morning forum members and Respected Gurus,

my ex-wife has been depositing her income herself into our joint account as her customers paid in cash, do you think it will create any problem when I apply for ROR?

Thank you for your opnions.

[Artur1]

your opinions will be much appreacited

[askmeplz82]

your opinions will be much appreacited

Self employment is fine . Go ahead

[Artur1]

Thank you for reply askmeplz82,

Do you think the way she receives payments cash-in-hand from her customers will not create problems from UKBA and depositing it herself?

Many thanks

[askmeplz82]

Thank you for reply askmeplz82,

Do you think the way she receives payments cash-in-hand from her customers will not create problems from UKBA and depositing it herself?

Many thanks

almost all builders, electrician, plumbers received payment by Cash. You still need receipt/invoice for that

[Artur1]

She does write an invoice every week to her customers, copy goes to the client and the other part she keeps in her book for tax-assessment.

Thank you again askmeplz82 for your response.

I hope I will be fine with my application then and the above mentioned papers will suffice.