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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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enter 2004 with student visa late get married to EEA citizen

Customer Question

enter 2004 with student visa late get married to EEA citizen in 2007 got 5 years family member visa my marriage breakdown with the reason of constant friction and I get divorce in February 2011 in November 2011 I married to settled brit citizen my solicitor use the formFLRO application to renew my visa in 2011 so in march 2013 I get 30 month of visa in the route of 120 month can you tell me my right please I m confused thank
Submitted: 2 years ago.
Category: Law
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
Do you mean rights in respect of your ILR?
Kind regards
Customer: replied 2 years ago.

YES I HAVE SPEND 11 YEARS IN UK WITH DIFFERENT VISAS. DO I HAVE THE RIGHT TO APPLY ON THE BASIC OF LONG RESIDENCE FOR MY ILR THIS YEAR? BECAUSE MY FORMAT SOLICITOR IN 2011 USE THE FORM FLR(O) FOR RENEW MY SETTLEMENT IN UK

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
When did you submit the FLR O application?
How long was it from your divorce to the time the application was submitted?
Kind regards
Customer: replied 2 years ago.

I GET MARRIED NOVEMBER 2007 TO THE EEA GET DIVORCE IN FEBRUARY 2011 I SUBMIT THE FLR (O) IN DECEMBER 2011 LATE I GET THE ANSWER BACK IN MARCH 2013 WITH 30 MONTHS ON THE ROUTE OF 120 MONTHS THE EEA WAS FOR 5 YEARS FAMILY MEMBER

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
Unfortunately, it is difficult for you to be issued with ILR as there is a gap between Feb 2011 - Dec 2011, during this period you were no longer with the EEA national therefore you visa was not strictly valid. Because the reason you were given a visa was due to the fact that you were in a relationship with an EEA national, as soon as that relationship ended so did your visa.
Due to this reason your stay in the UK between Feb 2011 - Dec 2011 can be seen as illegal in the UK and therefore breaking your 10 year long residency.
I therefore not not think that you will be issued with a ILR on the 10 year long residency basis.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
Customer: replied 2 years ago.

I WAS MARRIED MORE THAN 3 YEARS? TO THE EEA SO IN SEPTEMBER 2011 I GET MARRIED TO A SETTLE MAN? I GET 30 MONTHS ON THE ROUTE OF 120 MONTHS SO WHEN SHOULD I APPLY FOR MY SETTLEMENT? WITH WHICH FORM? I ALREADY PAY BY VISA DEB £28 ON THE 04-02-15

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
Yes you are correct you should have applied after 3 years for retained rights of residence under the EEA regulations BUT instead you applied under the immigration rules after 9 months. The retained rights of residence is not automatic, if you do not apply under the EEA regulations you will not get the rights to remain in the UK. there is therefore a gap of 9 months in your residency, you were no longer with your EEA national partner , therefore your visa would no longer had been valid for these 9 months UNLESS you had applied for retained rights of residence, which you did not.
What you switched to the immigration rules and applied for FLR O , you will not need to wait the 120 months to apply for ILR, because of the 9 months gap in your visa.
I hope this answers your question, if you need further clarification, please do not hesitate to contact me.
Kind regards
Customer: replied 2 years ago.

I still need more explanation for the same question I already ask what should I do on that case which application form should I use to renew 28 days before the end of my live to remain on 17/07/2015 thanks

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
Yes you need to apply for renewal and can do this 28 days prior to the expiry of your current visa, you need to extend your FLR O application again and it should be issued for another 30 months. Once you have completed the 120 months in the UK you will be eligible to apply for indefinite leave to remain.
The best option is to apply to extend your current FLR O application.
I hope this answers your question.
Kind regards
Customer: replied 2 years ago.

is possible to switch from the family life visa to a`normal" spouse visa ? so I can be less to 10 years for me to apply for my ILR

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
No unfortunately you are unable to switch from discretionary leave to remain to any other type of visa. You now need to complete 10 years before applying for ILR.
As stated you can try and apply for ILR taking into account your EEA residence permit, but the home office is likely to refuse it.
I hope this clarifies the matter. I look forward to your positive rating.
Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.

but my EEA PARTNER IS WORKING HE`S REFUSE TO GAVE ME THE DOCUMENT HE STILL IN UK SO WHAT DO I DO?

Customer: replied 2 years ago.

SO YOU CAN DO SOMETHING FOR THAT MATTER? WHY NOT 5 YEARS LIKE SOME OVER PEOPLES?

Customer: replied 2 years ago.

can you do something to solve? or do you think after 5 years they cant grant me?

Customer: replied 2 years ago.

why?

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