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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11614
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Can l apply for indefinite leave to stay in the country as

Resolved Question:

Can l apply for indefinite leave to stay in the country as an EEA member after passing the life in the Uk test and also my partner abandoned me because l was not able to have children
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  INC replied 5 years ago.

Hi,

 

Thanks for your question.

 

How long have you been in the UK?

 

What permission do you currently have to be in the UK?

 

Many thanks,

Customer: replied 5 years ago.
I have leave to remain as a family member of an EEA citizen, and l have lived here since 1999
Expert:  INC replied 5 years ago.

Hi,

 

One final question, when was your EEA Family Permit granted?

 

Many thanks,

INC and other UK Immigration Law Specialists are ready to help you
Customer: replied 5 years ago.
First 5years was in septemeber 1999 and another 5years was march 2008
Customer: replied 5 years ago.
Am still waiting for a reply
Expert:  INC replied 5 years ago.

Hi,

 

Thanks for the additional information.

 

If you have been living in the UK on an EEA Family Permit since 2008 and the marriage is no longer subsisting, you should be able to apply for ILR at the expiration of your 5 Year Residence Permit, provided you can show that your partner was exercising treaty rights in the UK.

 

Treaty rights refer to any of the following:

  1. Employment (including job seeking)
  2. Self-Employment
  3. Study
  4. Economic Self-Sufficiency

If you are unable to show that your Partner was exercising treaty rights in the UK, I am afraid that this will be a problem.

 

If you know where your Partner is, your solicitor may be able to submit an application for Witness Summons, that is if the matter goes to Appeal. If your former partner cannot be located, it may prove difficult.

 

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

Customer: replied 5 years ago.
It does because for the past year l have been trying tocontact him but couldnt as he has changed all his contacts and phone nos.
Expert:  INC replied 5 years ago.

Hi,

 

You may have problems with this and may wish to consider instructing a Investigator to find him. Some companies even carry out the work on a no find no fee basis.

 

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

Customer: replied 5 years ago.
Does it mean my living here for all this years working and paying my tax does not help my case.
Expert:  INC replied 5 years ago.

Hi,

 

No that is not the case. If you apply under the EEA regulations, you will need to meet the requirements of the rules as I have set out above.

 

Alternatively, you can apply under the Immigration Rules. Under the Immigration Rules, if you have been living in the UK lawfully for a period of 10 years or more, you can apply for indefinite leave to remain.

 

For further details, click on the following link: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter18/

 

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

 

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