Immigrationboards.com

Hello everyone, I have been read articles in this site for a while and I have a dilemma now regarding what I am going to do next.

(Sorry if I post in the wrong place because what I want to ask relate to two different routes…)

I have been in the UK for 10 years (First entry: July 2007), and my visas are
1. Student visa 3 yrs
2. Post-study working Visa 2 yrs
3. Working Holiday 2 yrs
4. Resident Card of a family member of an EEA National (unmarried partner) Valid from 29/03/2014-2019



>>No gap in-between and my away days were all fine<<

I have almost decided and prepared to go for ILR, have passed Life in the UK test and just booked the premium service appointment… (it’s gonna be a bit more than a month later)

BUT… something hanging in my mind for a long time...

Let’s say, if there is no Brexit, I would not mind to wait for another 2 yrs and apply Permanent Residence through the EEA family member after 5 yrs route.

HOWEVER, I felt like things may change because of the Brexit so maybe I should go for 10 years ILR route now?

(fun fact… the expiry date of my RC will be 29/03/2019… exactly the same date they triggered Article 50 early this year…)

The application fee is also something that's shaken my mind as well.
Premium service ILR £2887 vs PR £65 (<<OK this may change in 2 yrs you never know, but the ILR will just go higher every year is also true...)

Though from the GOV website, (https://www.gov.uk/guidance/status-of-e ... ed-to-know)
it seems like they are getting new settlement rules for both EU and Non-eu EEA family members to settle…

But is it too risky to wait until 2019 and apply under the new law?

Some background if helps: 

My partner is from Greece, has been in the UK for 7-8 yrs and he has got his Permanent Residence Card in 2016. Which I believe for him in two years time whatever the new rules would be, he is probably on the safe side. 
We are both working throughout the last 5 years.

Any suggestion or similar situation sharing welcome! Of course if anyone can see through thing I may miss out that’s even better
If any of my thinging was wrong/terribly wrong please let me know as well.

Very much appreciate for your time.

3. Working Holiday 2 yrs

What was the expiry date of this visa?

And just to check, your partner is only Greek, i.e he has not applied for British citizenship??

Hi!

My working holiday is from 19/04/12 - 19/04/14
My partner is only Greek, he hasn't applied British citizenship. He can apply for it this year but we are not sure if this will help.

Thank you!

Up to you if you wish to apply for ILR based on long residence. You will be required to submit substantial evidence of your partner being a qualified person exercising treaty rights for the full time period that you have been on the EEA/EU route.

He should wait until you have either ILR or PR before applying for citizenship.

crucifiks wrote: ↑

Mon Oct 02, 2017 9:22 pm

HOWEVER, I felt like things may change because of the Brexit so maybe I should go for 10 years ILR route now?

I think a bigger risk is that your relationship may fail. If that happens, you will be left with nothing - former durable partners do not retain a right of residence.

Do you have an admission of when your partner achieved permanent residence? The evidential burden drops from that point - you only need to prove that from then on he was resident and that your relationship was subsisting.

CR001 wrote: ↑

Mon Oct 02, 2017 9:57 pm

Up to you if you wish to apply for ILR based on long residence. You will be required to submit substantial evidence of your partner being a qualified person exercising treaty rights for the full time period that you have been on the EEA/EU route.

He should wait until you have either ILR or PR before applying for citizenship.

Hi,

Since we are talking about the evidence, I can think about these and wondering if it's enough
1. His job contract
2. Tax documents like P60
3. Bank statments
4. Payslips
From 2014-2017 (when my RC start)

May I ask the reason he should apply after I get ILR/PR?
Is it because, if he became British citizen then we are looking something not under EEA route sort of thing?

Thank you again.

Richard W wrote: ↑

Mon Oct 02, 2017 10:22 pm

crucifiks wrote: ↑

Mon Oct 02, 2017 9:22 pm

HOWEVER, I felt like things may change because of the Brexit so maybe I should go for 10 years ILR route now?

I think a bigger risk is that your relationship may fail. If that happens, you will be left with nothing - former durable partners do not retain a right of residence.

Do you have an admission of when your partner achieved permanent residence? The evidential burden drops from that point - you only need to prove that from then on he was resident and that your relationship was subsisting.

Hi! That's also a valid point. I will have that in mind and openly talk with him in the conversation of our future (we are around that stage)

Sorry if I misunderstood something here. He got his PR August 2016, first entry July 2010 (he was here earlier than that just the referendum last year gave him some pressure to apply....). When you say prove you mean the evidence I need to send for ILR?

Thank you!

crucifiks wrote: ↑

Mon Oct 02, 2017 10:30 pm

Since we are talking about the evidence, I can think about these and wondering if it's enough
1. His job contract
2. Tax documents like P60
3. Bank statments
4. Payslips
From 2014-2017 (when my RC start)

My thought is to be guided by the requirements to apply for a permanent residence card up until the time he achieved permanent residence. You may need his passport (or Greek ID card) as well. I think the payslips would be overdoing it if he has had the same employer all along. The evidence bundle for the self-employed can be quite heavy.

crucifiks wrote: ↑

Mon Oct 02, 2017 10:30 pm

May I ask the reason he should apply after I get ILR/PR?
Is it because, if he became British citizen then we are looking something not under EEA route sort of thing?

Yes. We are waiting for a judgement in the Toufik Lounes case on whether he would lose his ability to sponsor you if he became British. However, that's only EU law, and it might conceivably never be honoured even if it is ruled that your partner would retain the ability to sponsor you. I have a suspicion that the judgement will not be delivered before Brexit.

crucifiks wrote: ↑

Mon Oct 02, 2017 10:30 pm

Sorry if I misunderstood something here. He got his PR August 2016, first entry July 2010 (we start dating each other earlier than that but live together in 2010). When you say prove you mean the evidence I need to send for ILR?

Yes. Your residence card at best proves that you were to be treated was family member with a right to reside on the day it was issued and are to be treated as a family member if you are an extended family member. It proves neither that you are as a family member nor that you have a right to reside.

@ RichardW - as the OP has booked and paid to apply for long residence ILR under the UK immigration rules, the evidence of time spent as an EEA EFM is mandatory for the whole period OP is claiming under the EU regs. The form clearly states what needs to be submitted for the EU partner. If it is not submitted the application will be refused and the OP will lose the almost £2900 fee already paid.

@Richard W
@CR001
ILR related question I will do a new post to ILR forum (some part I would like to confirm), but you guys are being very helpful and thank you!

I will still leave my dilemma here if anyone has some more thoughts

crucifiks wrote: ↑

Tue Oct 03, 2017 10:18 am

@Richard W
@CR001
ILR related question I will do a new post to ILR forum (some part I would like to confirm), but you guys are being very helpful and thank you!

I will still leave my dilemma here if anyone has some more thoughts

Please don't make a new post, I will move this one to the ILR sub forum instead.

@CR001 thanks. I would like to double check the documents I need for proving my partner is exercising the treaty right in this case.

The documents for my part,
>Passports (1 current and 1 old)
>Life in the UK test pass certificate
>UK Master Degree certificate
>Covering letter (Just an overview I would like to present at the same time)

and in regarding to the evidence I need to provide to prove my partner is exercising his treaty right in the UK,
1. His job contract
2. Tax documents P60
3. Bank statments
4. Payslips (May not need all these?)
5. His permanent Residence Card (Not sure about this?)
6. His passport or ID card
All above from 2014-2017 (when my RC start, am I right here?)

Thanks.

Yes to everything, including payslips and PR card.

Some evidence of you living together might be worthwhile to prove subsisting relationship. Rather have it with you than not in case they ask.

CR001 wrote: ↑

Tue Oct 03, 2017 11:38 am

Yes to everything, including payslips and PR card.

Some evidence of you living together might be worthwhile to prove subsisting relationship. Rather have it with you than not in case they ask.

Great thanks. I will prepare our flat rental contract and utility bills just in case. (Of course cover from 2014-now)

CR001 wrote: ↑

Tue Oct 03, 2017 9:16 am

@ RichardW - as the OP has booked and paid to apply for long residence ILR under the UK immigration rules, the evidence of time spent as an EEA EFM is mandatory for the whole period OP is claiming under the EU regs. The form clearly states what needs to be submitted for the EU partner. If it is not submitted the application will be refused and the OP will lose the almost £2900 fee already paid.

Are you saying that 'permanent resident' is not an acceptable answer for 'basis of stay' of an EEA sponsor in D13? (For future reference, I am looking at https://www.gov.uk/government/uploads/s ... -04-17.pdf.)

In this case it does seem that the extra burden of ignoring permanent residence is relatively light in this case.

@Richard W
Just wondering, let's say what if I don't have to worry about we will seperate, for example, we are going to get married before 2019, then the chance I can wait 2 years and consider getting PR will be much possitive?
Thanks.

@CR001

I have another question, let's say if I am not going to apply ILR this year but 2019, the 10 years counting will count backward from 2019?

Thank you.

Hi all,
Thanks for your time in advance, I have some questions regarding filling in SET(LR) Application form. (OCT latest version)

1. Since I decided to go for premium service, I think I can skip section 1?

2. B12. If you are in a genuine and subsisting relationship with a person who is settled in the UK or who is a British citizen, please provide their details here, including their name, nationality and date of birth. You must provide evidence of cohabitation since the start of this relationship.

• I have a Geek partner (unmarried), he has got a Permanent Resident Card, should I put his information here?

• And what evidence I can provid? We have ben together for nearly 9 years but at the beginning we were in the long distance relationship, only until 2010 we started to live together.... (we do have flat tenant agreement since and some utility bills since then)

• Should I list the evidence in the same block or as long as I have these enclosed with other evidence that would be fine?

3. D20. If you have any reasons or grounds for wishing to stay in the United Kingdom which you have not already mentioned in your application you should do so now in the box below.
I am not sure how to answer this one or should I?
If I need to fill in this question, can I have something like, start a family with my partner/progress further of my career/buying property... etc?

4. In section 4, from my part I will tick passports/travel document and should I just tick "Other documents" for all the rest document from my EEA partner? Or should I still tick e.g. Council Tax/Mortgage Document/Gas, electricity, water/Employers (Because in the explaination most of them refer to "Your")

Many thanks again.

Sorry I know there are unanswered ILR questions above but I am reading Home Office website and a bit confused now about applying PR.

https://www.gov.uk/apply-for-a-uk-resid ... dence-card

Eligibility

You’re eligible if both of the following apply:

• you’ve lived with your EEA family member in the UK for a continuous 5 year period

• your EEA family member has been a ‘qualified person’ throughout the 5 years or has a permanent right of residence

Does that mean... even if I got my EEA family permit in 2014, but because we are living together in the UK from 2010 and we both are working throughout... does that mean I can apply PR now?

Thank you very much.

crucifiks wrote: ↑

Tue Oct 17, 2017 4:36 pm

Sorry I know there are unanswered ILR questions above but I am reading Home Office website and a bit confused now about applying PR.

https://www.gov.uk/apply-for-a-uk-resid ... dence-card

Eligibility

You’re eligible if both of the following apply:

• you’ve lived with your EEA family member in the UK for a continuous 5 year period

• your EEA family member has been a ‘qualified person’ throughout the 5 years or has a permanent right of residence

Does that mean... even if I got my EEA family permit in 2014, but because we are living together in the UK from 2010 and we both are working throughout... does that mean I can apply PR now?

Thank you very much.

No it does not as you are unmarried. You can only count the time that you have held a residence card. It would be different if you were married for at least 5 years.

@CR001
Thank you. That's clear for me now. So even if we get married soon, I still need to wait until my current Family Permit expired I assum?

Also, would you mind to have a look of my questions above (especially the application one) when you are available.

Again...always very appreciate!

crucifiks wrote: ↑

Tue Oct 17, 2017 4:57 pm

Thank you. That's clear for me now. So even if we get married soon, I still need to wait until my current Family Permit expired I assum?

Correct yes.

I will have to look at your other questions when I get home later.

@CR001
Thank you, you are very kind.