London office or back home

[JUK]

Hi,

My passport is with the home office regarding my application for Permanente Residence

Now i'm going to apply for skilled worker to immigrate to canada.

1)can i apply through London office or i have to make the application from the country of my citizenship??

I've read that by the time we submit the application we should have a valid status in the UK

2) does anyone know while my application is pendeng with the HO my Residence still valid or not

Thankyou

[jes2jes]

Hi,

My passport is with the home office regarding my application for Permanente Residence

Now i'm going to apply for skilled worker to immigrate to canada.

1)can i apply through London office or i have to make the application from the country of my citizenship??

I've read that by the time we submit the application we should have a valid status in the UK

2) does anyone know while my application is pendeng with the HO my Residence still valid or not

Thankyou

1. Yes you can apply through London provided your initial residency visa was issued for at least one year then it does not really matter what your current status is. Spend sometime and read the OP6 Manual on www.cic.gc.ac and click on publications and all your answers are there.

2. Whilst your application is pending your leave is still considered as valid (the technical term is 'continuing'). Note that, so long as your application was posted or submitted before the expiration of the current LTR, your leave under the Immigration rule is deamed continous.

All the best.

[JUK]

Thank you so much jes2jes

Big relief for me !!!!!!!!

my initial LTR was granted on the basis of a family member of EEA and it was valid for 5 years, expired on the 27 February2007 and yes i made my application 4 weeks before the expiry date.

My chance to get an ILR is very small as i'm separeted with my EEA wife

Anything you can advise about my chance to get ILR ??

Thank you very much for your cooperation and sorry to be a pain

sorry for others readers if i'm posting in the wrong forum, but the initial question was Regarding Canada

thank you

[jes2jes]

Thank you so much jes2jes

Big relief for me !!!!!!!!

my initial LTR was granted on the basis of a family member of EEA and it was valid for 5 years, expired on the 27 February2007 and yes i made my application 4 weeks before the expiry date.

My chance to get an ILR is very small as i'm separeted with my EEA wife

Anything you can advise about my chance to get ILR ??

Thank you very much for your cooperation and sorry to be a pain

sorry for others readers if i'm posting in the wrong forum, but the initial question was Regarding Canada

thank you

You are welcome. Did you make a copy of your passport and the permit before mailing it to the HO? You can use this as proof when the time comes but I doubt since you would not receive your IA anytime soon when you file your application so forget about it for now.

For the ILR question, you would want to post your question on the UK Immigration Forum Section of this board and you would get a lot of answers since I am not really verse in the EU Treaty rights but there are other experts on that side of the board.

Any CND related questions can be posted here and the rest to the relevant forum. All the best!

[Docterror]

you would want to post your question on the UK Immigration Forum Section of this board and you would get a lot of answers since I am not really verse in the EU Treaty rights but there are other experts on that side of the board

... so true! I hardly ever read this forum anymore, just stumbled across this thread. I would suggest it as well.

Since I have seen this, JUK, how long have you been married and are you divorced yet? Is your EEA spouse in the UK and which country is she from?

[JUK]

Hi

1. jes2jes, i just came back from a private Advise canadian Bureau to start my application and i was told this:

Without a valid status in the UK i cannot apply Through London Since the Canadians ask for a valid residence ( even24h to expire) at the time of submittion the application, but it doesn't matter after that if i'm overstayer or without any valid Permit, and as you have said it has to be valid for one year, i was reading through the Manual OP6 but i couldn't find the opposite ( i mean appliying in london without valid Permit)

In my case and because my application is still pending with HO, i was advised By this Bureau to send the CND application as soon as possible to be accepted in London, Otherwise if i receive a letter of refusal from the HO, i cannot submitt it to London and it has to go to my country

I'm wondering if this is the right information or just they're trying to push me paying £2000

Thank you for your help!!!!!!!!!!!

Docterror, thank you for your reply

i just send my divorce petition, i was married for 4 years, my wife is French and she's in the UK. Any chance ???


Thank you

[jes2jes]

Hi

1. jes2jes, i just came back from a private Advise canadian Bureau to start my application and i was told this:

Without a valid status in the UK i cannot apply Through London Since the Canadians ask for a valid residence ( even24h to expire) at the time of submittion the application, but it doesn't matter after that if i'm overstayer or without any valid Permit, and as you have said it has to be valid for one year, i was reading through the Manual OP6 but i couldn't find the opposite ( i mean appliying in london without valid Permit)

In my case and because my application is still pending with HO, i was advised By this Bureau to send the CND application as soon as possible to be accepted in London, Otherwise if i receive a letter of refusal from the HO, i cannot submitt it to London and it has to go to my country

I'm wondering if this is the right information or just they're trying to push me paying £2000

Thank you for your help!!!!!!!!!!!

Docterror, thank you for your reply

i just send my divorce petition, i was married for 4 years, my wife is French and she's in the UK. Any chance ???


Thank you

JUK, I will answer the CNDn side of things and leave the EU side to Doc.
I don't know which consultant told you that but according to the policy document I pointed out to you, the qualification to apply for SW category is to have been admitted for at least one year (note not lived in the country of application for 1 year but admitted for a year) on the day of your application.

My advise to you is apply now, since under the new rule (SAP) there is no submission of documents but rather the application form and fee, apply now regardless of your current status to get yourself in the queue since it is getting longer.
I believe the HO sent you a letter of acknowledgement of your application which is as good as your leave until your visa gets to you and you can use that as proof to CIC if they want to know your status.

If your case is straight forward, no need of paying any consultant to apply on your behalf and you can do a DIY application. I guess I can provide you with the same service for free if I can find the time or charge you less

It is not true you have to submit this in your country because of your pending application at the HO. I do not have the time to scroll through my mountains of documentation to prove this but given sometime I can point you to the right rule under which it falls

[Docterror]

i just send my divorce petition, i was married for 4 years, my wife is French and she's in the UK. Any chance ???

JUK, as already pointed out, you do not have to apply for your PR. You already have it since February 2007 and should be able to apply for naturalisation in February 2008.

Make sure you get divorced and have the Absolute Decree by then. Since you have already applied for the PR, I am assuming that you used the EEA4 form. You should be getting your passport back this month due to the 6 month rule to process EU applications.

Did you provide all the documents and did the HO write and ask for any further documents? Any reason otehr than the seperation to be so unsure inspite the law being on your side?

[JUK]

Hi,

thank you jes2jes and Docterror for your prompt reply

jes2jes i've sent you a private message.

Docterror, what you have said is the best news i've ever heard if my understanding is correct, this is gonna change my Whole situation.

So if i do understand correctly:

Now i'm having the PR residence even without applying and i can apply for Naturalisation Next February, is that right??

what make me so unsure is the separation ( and many solicitor told that i have no chance without My wife supporting my application) and the Home office send me a letter asking for her documents to be sent

Except that, Nothing to worry about unless my abscence for study purpose to France (9months period) will affect my application??

i was always working during this 5 years and a half Now, i've sent to the Home office Only my 2 last P60 and my recents payslips, but i'm keeping the old P60 ( 2002,03,04 ) in case they ask for it.

I'm deseprate for your advise and more explanation

I don't know how i'm gonna thank you

JUK

[jes2jes]

JUK:
Thanks for your PM. I have responded accordingly. Now for your EEA bit,
I have done a little thrawling around on this site for you and look at this post in particular:

(http://www.immigrationboards.com/viewto ... ivorce+eea

There is a lot of advise there from Docterror for you and also I did a search on the board and came up with similar cases to yours. Look at this link too:

http://www.immigrationboards.com/search ... de=results
Enjoy the reading this weekend.

As I told you earlier, if you post at the general UK immigration section, you would receive a lot of responses for your query.
Catch you soon.

[Docterror]

JUK, after having a look at the links that jes2jes has pointed out, let us know if you still have further doubts. Indeed a lot of cases like yours have been seen and discussed in the past.

The 9 month period that you were in France, was it continuous? And did you have a residence over here that was maintained by your EEA family member during that period?

[JUK]

Many Thanx jes2jes and Docterror,

jes2jes, thank you for the link and for the very similar case you have pointed out to me, actually i've contacted the person in that post and find out that he's exactly in the same case, he also told me that he received a lot of advise and guidance from Docterrer, Thanx again Docterror:-) and you have a big hello from djaymath

Docterror, your advise is very helpfull, i didn't know nothing about this new regualtion before your reply, Now i think i have the right to retain my residence, however i found out in this document :

http://ec.europa.eu/commission_barroso/ ... _ec_en.pdf chapter 7

that the third country family member HAVE to apply for the permanente residence card, so it's not aquired automatically

yes my absence was continuous as my wife use to come and see me once a month, yes i was in the EEA family member residence maintained by my wife ...does it cause a problem?? i see that abscence for study purpose doesn't affect the residence ?? is that true ??

jes + Docterror : you're doing a great job helping people with their immigration issues!!!!

Many thanks

JUK

[Docterror]

Thanks for the nice words and as I mentioned before, your luck must be good as I would not have seen your query had I not stumbled upon it.

Yes, study is one of the reasons that you are allowed to take a break of more than 6 months and as long as you keep it well below 1 year, as in your case, your continuity of residence is not considered broken. But do have proof of maintaining residence here in the UK during the period ready just in case.

Forget that pdf, as a lot of the rules in the UK a bit different than envisioned there. In the future it might end up that way but as of now, there is no sanctions or fines for non-EEA family members for not having the Residence Card (as mentioned in Chapter 6) nor is there a obligation to apply for the Permanent Residence Card under the UK immigration rules.

As seen in the links pointed out to djayMath, you do NOT need the Permanent Residence card to apply for naturalisation, even though having it makes it all very easy.