Q&As

What evidence should be submitted with a long residence application with respect to periods where the applicant is relying on a right of residence as an EEA family member and how should periods be treated where the person was without leave and ostensibly an overstayer but in fact had a right of residence under European law?

read titleRead full title
Produced in partnership with Gary McIndoe of Latitude Law
Published on LexisPSL on 26/04/2017

The following Immigration Q&A Produced in partnership with Gary McIndoe of Latitude Law provides comprehensive and up to date legal information covering:

  • What evidence should be submitted with a long residence application with respect to periods where the applicant is relying on a right of residence as an EEA family member and how should periods be treated where the person was without leave and ostensibly an overstayer but in fact had a right of residence under European law?
  • EEA Family Members holding documentation
  • EEA family members without documentation during the ten years
  • Other evidential issues

An application for indefinite leave to remain in the UK on lawful long residence grounds is made with reference to paragraphs 276A, B–D of the Immigration Rules. An applicant must establish ten years’ continuous lawful residence in the UK; paragraph 276A provides a significant amount of guidance as to the meaning of 'lawful residence', but residence as an EEA family member is not included in the definition of ‘lawful residence’ in paragraph 276A(b).

The Modernised Guidance on Long residence explicitly deals with such residence at page 24. There is it confirmed that time spent in the UK as an EEA family member 'does not count as lawful residence under paragraph 276A', but explains that a UK Visas and Immigration (UKVI) caseworker must (our emphasis) apply discretion and count time spent in the UK as lawful residence in such circumstances. For further information, see Long residence and private life resources—overview. Note that, at present, long residence applications can be submitted at the Premium Service Centre.

See also Practice Note: Family members of EEA nationals: definitions and rights of entry and residence.

EEA Family Members holding documentation

In line with Secretary of State for Work and Pensions v Dias, periods of residence relying solely on a residence card are not lawful residence unless the person actually had a right of residence under European law. See regulation 18(7)(b) of the Immigration

Related documents:

Popular documents