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Amanji, Immigration Solicitor
Category: UK Immigration Law
Satisfied Customers: 108
Experience:  Litigation Partner with live and varied private client immigration caseload.
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hello.Does anyone could answer me this.I can not find in any

Customer Question

hello.Does anyone could answer me this.I can not find in any website.And it seems confusing to me.Well this goes my immigration history.I first came to england in april 1998 as visitor and subsequently renew my visas always in time applications 1999,2000,2001,2002,2003,2004(got married to a EEA national italian) while as student.At end of 2004 applied for EEA RC card,got refused issue of resident permit.My wife at the time did not work.They claimed she was not excersing treaty rights.Well we lodged an appeal but withdrew due to family healthy problems.But before 2005 was out we reaaplied again and got granted RC card 2006(category of student) and 2007 reapplied again got granted category as worker (july 2007/july 2012).In 2012 can i apply for ILR based on long residence? Because there will be 13 years and 3 months LEGAL.I want to apply on my own right.But i dont know if that refusal of issue a resident permit may be counted as broke of residence.Please somebody help.Thanks gio
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  Amanji replied 6 years ago.

Good evening


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




Amanji, Immigration Solicitor
Satisfied Customers: 108
Experience: Litigation Partner with live and varied private client immigration caseload.
Amanji and other UK Immigration Law Specialists are ready to help you
Customer: replied 6 years ago.
Hello there.Mine point is that under eea law my wife does not work.So i can only prove at most 2 years of her employement here.So through this route is pratically impossible to get PR based on dependency of my wife since i am the main breadwinner of the family.Condition to EEA law is that she is excersing treaty rights for continuos 5 years period.I've been rejected this before.So i dont want to repeat the same mistake.So that's why the question about long residence rule if this in vigor by then i am able to apply.Because will be 14 years in april 2012.But there was this refusal back in 2005 she was not excersing treaty rights that's why the rejection.That refusal constitutes a broke in conditinous residence?please tell me if you know.Because in my view DOES NOT once it was not a notice of liability to removal.Or was it?And i dont know if under EEA law i will be able to get granted permanent residence once i can not prove work of my spouse for 5 years.Thanks.
Expert:  Amanji replied 6 years ago.

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.




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