It appears that by 2012 you would have completed 5 yrs continuous residence in UK as your wife's dependant. You could apply for permanent residence upon completion of the 5 yrs under EEA law.
There may not be any specific long residence provisions in 2012 if current Government trend continues. Previous UKBA 'policies' have just been replaced with 'human rights applications'. Many immigration lawyers believe that this will eventually happen to the long residence provisions also.
Hope that helps. Kind regards
Thanks for accepting my answer.
I understand that you wish to obtain settlement within your own right. Time spent in UK under EEA category can count towards long residence applications because applicants would have been here 'lawfully'.
I believe that you would not qualify under the 10yr continuous lawful residence route because the continuous 'lawful' residence was broken by overstaying after appeal was dismissed. UKBA would not exercise discretion in this scenario.
However, the 14yr continuous residence route may be open to you once you have completed 14yrs consecutive yrs residence in the UK (period can include lawful and unlawful residence). For this provision, I would agree with you that the 'clock' has not stopped because you appear not to have been served with notice of liability to remove.
If that route still exists once you have 14yrs continuous residence, you should apply providing variety of evidence for each year of residence in UK. I would suggest that you instruct an immigration law solicitor to represent you in such a case.
Hope that clarifies your query. Watch out for changes in immigration law. Good luck.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).