EEA4 PR Queries

[Mandokinha2701]

Hi,

I have made an application as non EEA family member. My partner (EEA national) had applied earlier this year and got his PR now in November and I applied just after it. My timeline is as follows:
PR Application sent 17/11/2016
Biometrics letter received and done: 02/12/2016
COA received: 09/12/2016
PR Card: waiting.

My queries are:
1) does it make it any difference that my partner has applied before me and not at the same time?
2) does it make any quicker for my application now that my partner has acquired his PR card?
3) on my application, I believe it was section 11,I was asked if I had been previously married which I have. I haven't provided a divorce certificate. Although my Residence card was still issued on the basis of my new relationship with my current partner. By not having a divorce certificate, or not sending it, is it likely that I will face problems at getting my PR?

Thank you very much.

[noajthan]

Hi,

I have made an application as non EEA family member. My partner (EEA national) had applied earlier this year and got his PR now in November and I applied just after it. My timeline is as follows:
PR Application sent 17/11/2016
Biometrics letter received and done: 02/12/2016
COA received: 09/12/2016
PR Card: waiting.

My queries are:
1) does it make it any difference that my partner has applied before me and not at the same time?
2) does it make any quicker for my application now that my partner has acquired his PR card?
3) on my application, I believe it was section 11,I was asked if I had been previously married which I have. I haven't provided a divorce certificate. Although my Residence card was still issued on the basis of my new relationship with my current partner. By not having a divorce certificate, or not sending it, is it likely that I will face problems at getting my PR?

Thank you very much.

Welcome.

1) No

2) It may help with evidence. It probably makes no difference to processing time.

3) Were you told to enclose dc in application? Incomplete applications can be refused.

[Mandokinha2701]

3) Were you told to enclose dc in application? Incomplete applications can be refused.

In section 11 does not state I should have provided dc copy in application. Unless I missed something. Would I have received the CoA in case of missing documentation?
Where can I check whether dc was necessary in application?


Thank you for the VERY prompt reply.

[noajthan]

3) Were you told to enclose dc in application? Incomplete applications can be refused.

In section 11 does not state I should have provided dc copy in application. Unless I missed something. Would I have received the CoA in case of missing documentation?
Where can I check whether dc was necessary in application?

Thank you for the VERY prompt reply.

The COA is just an interim document, it does not signify ultimate success (or refusal).

This is what I was thinking of...
Guidance for Section 11 - page 12

Previous marriages or civil partnerships
If you have/your sponsor has previously been married or in a civil partnership, the relevant divorce certificate/decree absolute/dissolution order or equivalent

In other words, as per EU law, you need to show you were free to engage in your current relationship.

[Mandokinha2701]

In other words, as per EU law, you need to show you were free to engage in your current relationship.

I thought that was referring to applications such as Retained Rights of Residence or Unmarried partnership.
I believe I have provided my dc for my Residence card application. So:

1) is there a need do you think for my dc to be with my application?
2) if there is, can I send further evidence as my case is already in process? Maybe asking them to link it using my case ID?
3) if not, should I withdraw application and apply again?
4) my dc is not in English, do I have to get it translated and send it both copies?


Thank you

[noajthan]

In other words, as per EU law, you need to show you were free to engage in your current relationship.

I thought that was referring to applications such as Retained Rights of Residence or Unmarried partnership.
I believe I have provided my dc for my Residence card application. So:

1) is there a need do you think for my dc to be with my application?
2) if there is, can I send further evidence as my case is already in process? Maybe asking them to link it using my case ID?
3) if not, should I withdraw application and apply again?
4) my dc is not in English, do I have to get it translated and send it both copies?


Thank you

Don't think so as its also mentioned in the separate section for ROR (Section 8 ).
And EU law and UK Regs are clear, a spouse who has divorced has to show no ongoing, subsisting relationship with a.n.other (previous) spouse.

1) Yes, as per guidance for Section 11.
No exemption is mentioned for RC holders.

2) Yes, people do do that

3) See 2

4) Yes, as per guidance if not in English or Welsh.
Use professional translator, get copy certified as per the guidance. Send both.

[Mandokinha2701]

Thank you very much for your reply. It really has helped.
I am just worried now that might even be able to sleep.

One last thing :

Is there a point where you would say it's too late to send it?
Have you seen cases where missing evidence has been added half way through? Has it delayed the process at all? Do they still issue PR within 6 months?


Thank you once again.

[noajthan]

Thank you very much for your reply. It really has helped.
I am just worried now that might even be able to sleep.

One last thing :

Is there a point where you would say it's too late to send it?
Have you seen cases where missing evidence has been added half way through? Has it delayed the process at all? Do they still issue PR within 6 months?


Thank you once again.

You have only just applied. You have time to send the document.
After all, better safe than sorry and why give HO the Spam of wriggle room?!

As to how HO works and their internal processes - its all a mystery.

You could expect to wait 4, 5 or 6 months (or more). There is no SLA for PR applications (not even mandated under EU law).
Watch timeline thread to track other members' experiences.
Your mileage may vary ofcourse.

Good luck.

[Mandokinha2701]

Thank you very much for your answers.i have sent everything and hopefully everything will be alright.
One more thing...
I would like to ask the rights that I will have after get my PR card. Will I still be tied to my partner for work? For traveling?
For living ?

And I am sorry to be very ignorant but is there any validity on this PR card?

Thank you very much.


Kind Regards

[noajthan]

Hi there,

I would like to ask someone here about PR card rights.
I am a non EEA national and I have been living in the UK for conitinuous 5 years. My partner has acquired his DCPR and I have applied for mine. I am still waiting for the HO decision.

I would like to ask the rights that I will have after get my PR card. Will I still be tied to my partner for work? For traveling?
For living ?

And I am sorry to be very ignorant but is there any validity on this PR card?

Thank you very much.


Kind Regards

No, with PR you have settled status and are liberated from your sponsor (in migration terms). No need for treaty rights anymore.

Card itself is renewable every 10 years.
The status is normally only lost if you are absent from UK for 2 years.

[ohara]

Will I still be tied to my partner for work? For traveling?
For living ?

No

And I am sorry to be very ignorant but is there any validity on this PR card?

The card itself lasts for 10 years, after which you have to renew it for £65 (or whatever the fee is then)

[Mandokinha2701]

One more and hopefully last question.

I have sent an Employment History letter from HMRC showing I've been employed for the past 5 years? Can this letter count as proof of residency ? Or is it just another minor supporting evidence I have sent?


Thanks

[noajthan]

It helps add to the bigger picture.