UK Immigration Law
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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.
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