EEA4 (PR) application enquiry

[kiran2044]

Hi everyone,

I am currently on EEA2 Residence Card which was issued on 2nd November 2013 and will expire on 2nd November 2018. I acquired my Residence Card as an unmarried partner (which is still the case).

- What is the earliest I can apply for EEA4 (PR)? after 2nd Nov 2018 (to complete 5 years exactly)?
- Will I receive COA with right to work, as I've already proved to be Family Member by having EEA2 RC?

Many thanks

[CR001]

You must complete a full 5 years from the date your residence card was issued and your partner must be a qualified person exercising treaty rights for the whole 5 year period.

I can't answer your other question.

[kiran2044]

Does that mean I need to apply on or after 2nd of November 2018?
Can I not apply 28 days before 2nd November?

Many thanks

[CR001]

There is no "28 day before" for EEA/EU applications. You must have the full 5 years residence.

[kiran2044]

Just to be absolutely clear, will I have to apply on 2nd Nov 2018 or after? If that's the case and apply after 2nd Nov 2018, doesn't that make me an overstayer?

Also, is anyone able to please advise on the COA with right to work?

Many thanks

[zayn14]

You must complete a full 5 years from the date your residence card was issued and your partner must be a qualified person exercising treaty rights for the whole 5 year period.

I can't answer your other question.

Hello CR001
My wife and daughter came to UK on 4th of October 2012 on EEA family permit,applied for EEA 2 in November 2012 got her EEA2 in April 2013 so when my wife and my daughter can apply for EEA4 in October 2017 or in April 2018 please help with this i will appreciate

[CR001]

You must complete a full 5 years from the date your residence card was issued and your partner must be a qualified person exercising treaty rights for the whole 5 year period.

I can't answer your other question.

Hello CR001
My wife and daughter came to UK on 4th of October 2012 on EEA family permit,applied for EEA 2 in November 2012 got her EEA2 in April 2013 so when my wife and my daughter can apply for EEA4 in October 2017 or in April 2018 please help with this i will appreciate

Please ask your questions in your own topic. It is considered rude to tag onto another members thread.

[zayn14]

You must complete a full 5 years from the date your residence card was issued and your partner must be a qualified person exercising treaty rights for the whole 5 year period.

I can't answer your other question.

Hello CR001
My wife and daughter came to UK on 4th of October 2012 on EEA family permit,applied for EEA 2 in November 2012 got her EEA2 in April 2013 so when my wife and my daughter can apply for EEA4 in October 2017 or in April 2018 please help with this i will appreciate

Please ask your questions in your own topic. It is considered rude to tag onto another members thread.

Ok

[Richard W]

Just to be absolutely clear, will I have to apply on 2nd Nov 2018 or after? If that's the case and apply after 2nd Nov 2018, doesn't that make me an overstayer?

No, because as your card expires, you become a permanent resident.

Also, is anyone able to please advise on the COA with right to work?

I haven't seen a good answer to this conundrum. One solution would be to apply for a new residence card now, but with the delays in processing, that might not be convenient.

[kiran2044]

Just to be absolutely clear, will I have to apply on 2nd Nov 2018 or after? If that's the case and apply after 2nd Nov 2018, doesn't that make me an overstayer?

No, because as your card expires, you become a permanent resident.

Also, is anyone able to please advise on the COA with right to work?

I haven't seen a good answer to this conundrum. One solution would be to apply for a new residence card now, but with the delays in processing, that might not be convenient.

Thank you Richard W

- I understand one becomes a permanent resident automatically after 5 years if for example they were married. Even though I am an unmarried partner, do I still acquire this status automatically? Otherwise, if I apply after 2nd Nov, wouldn't that be considered as overstaying?

- My current RC is from Nov 2013 - Nov 2018, and if for instance I was to apply for RC again now and get it let's say in Dec 2017 which would be then valid till Dec 2022 (ignoring Brexit and all that for the sake of this example), I suppose my old RC that was valid till Nov 2018 would be cancelled and new one would replace it. In that case, can I still apply for PR on Nov 2018 or will have to wait till Dec 2022?



On a slightly separate issue (maybe I should put this under new topic, please advise),
I was actually thinking of making an application for PR NOW on the basis of EEA regulation 15(b) "a family member of an EEA national who is not an EEA national but who has resided in the United Kingdom with the EEA national in accordance with these Regulations for a continuous period of five years;".

The RC I received on Nov 2013 was based on the 2 years of co-habitation from July 2011 - July 2013 (which is when I made the application). So, considering 5 years of residence, I would be qualified for PR on July 2016. Of course, we can't deny the fact that Home Office will argue that the actual 5 years will start from when the RC was issued.

I was thinking to base my case on the following ruling
https://tribunalsdecisions.service.gov. ... 48835-2013

My understanding from above is that possession of a residence card can't be considered a prerequisite for gaining PR (even for extended family members). Meaning that the 2 years of co-habitaion shown to acquire the RC, could be used towards 5 years of residency to acquire PR. Also, to emphasize the fact, the issuance of RC on Nov 2013 was the proof that Home Office accepted I was co-habiting with the EEA national as "akin to marriage" from July 2011, hence I was a family member since we started cohabiting not from the date of issuance of RC. Of course I am not an expert and it might just be my wishful thinking. But I would love to certainly try this theory and make an application, mentioning the above tribunal decision on my cover letter. I have nothing to lose (well apart from £65 application fee). At least we would be absolutely sure and would also help the other members with similar query/situation.
I would love to hear some suggestions/advice.

(Please see this topic as well, where the above tribunal decision has already been mentioned but not tried out: eea-route-applications/eea4-query-about ... l#p1307179)

Many thanks

[Richard W]

- I understand one becomes a permanent resident automatically after 5 years if for example they were married. Even though I am an unmarried partner, do I still acquire this status automatically?

Yes. While you hold a valid residence card, you are to be treated as a family member.

- My current RC is from Nov 2013 - Nov 2018, and if for instance I was to apply for RC again now and get it let's say in Dec 2017 which would be then valid till Dec 2022 (ignoring Brexit and all that for the sake of this example), I suppose my old RC that was valid till Nov 2018 would be cancelled and new one would replace it. In that case, can I still apply for PR on Nov 2018 or will have to wait till Dec 2022?

November 2018.

On a slightly separate issue (maybe I should put this under new topic, please advise),
I was actually thinking of making an application for PR NOW on the basis of EEA regulation 15(b) "a family member of an EEA national who is not an EEA national but who has resided in the United Kingdom with the EEA national in accordance with these Regulations for a continuous period of five years;".

The RC I received on Nov 2013 was based on the 2 years of co-habitation from July 2011 - July 2013 (which is when I made the application). So, considering 5 years of residence, I would be qualified for PR on July 2016. Of course, we can't deny the fact that Home Office will argue that the actual 5 years will start from when the RC was issued.

I was thinking to base my case on the following ruling
https://tribunalsdecisions.service.gov. ... 48835-2013

It might work, but I would expect it to go to appeal.

[kiran2044]

Thank you very much Richard W,

My partner has been in the UK for more than 10 years and I was thinking to apply for her PR as well at the same time as mine.
Can I apply with 2 separate EEA(PR) forms (1 for her and 1 for me) and send one set of documents to accompany/support both applications, or do we have to use 1 form and put myself as her dependent?

Many thanks

[kiran2044]

Thank you very much Richard W,

My partner has been in the UK for more than 10 years and I was thinking to apply for her PR as well at the same time as mine.
Can I apply with 2 separate EEA(PR) forms (1 for her and 1 for me) and send one set of documents to accompany/support both applications, or do we have to use 1 form and put myself as her dependent?

Many thanks

- The reason I wanted to apply with 2 separate forms was if I tag along on my partners form, she would be the primary applicant and I would be the secondary. Given the complexity of my case I wanted myself to be the primary applicant. Any advice please?

- Am I right in thinking that I can request my passport to be returned anytime while the application is being processed without hampering it? I will need to travel within couple of months of applying.

Many thanks

[kiran2044]

As I mentioned before, I received my EEA2 Residence Card on 2nd Nov 2013 on the basis of Unmarried Partner.
And, I did apply in October 2017 for the PR using the Tribunal case as my basis, as I mentioned on my earlier post. I have now received letter from hone office.

They insist that I qualify for PR on 2nd Nov 2018. According to them I became family member after I was issued the Residence Card (2nd Nov 2013) and this date can't be revised retrospectively to include the time before issuance of Residence Card. They have mentioned the Tribunal case in detail, that I based my case on. And, they have used this tribunal case result to point out that extended family member can gain PR only after holding the Residence Card for 5 years.

I think they have twisted the words from the result of the Tribunal case and used it against my case. However, they have not refused my application yet and I've been given options; I can carry on with my PR application (which will apparently result in refusal) or I can amend my application to EEA Residence Card, and they have asked me to reply to them with my decision.

Funnily enough, they have already returned all my documents but they've kept 2 documents; the Tribunal Case print out that I sent, and my Cover Letter which mentioned the Tribunal Case in detail.

Any thoughts / suggestions please??

P.S. please let me know if you would like me to post the Letter I received from home office

Thanks

[greatscott]

You must complete a full 5 years from the date your residence card was issued and your partner must be a qualified person exercising treaty rights for the whole 5 year period.

I can't answer your other question.

I thought it was from the date you entered the UK? Or is that just SS route? For a long time we were told on this forum that PR is automatically acquired 5 years after entering the country, (not 5 years after RC was issued).
Can you clarify?

[CR001]

You must complete a full 5 years from the date your residence card was issued and your partner must be a qualified person exercising treaty rights for the whole 5 year period.

I can't answer your other question.

I thought it was from the date you entered the UK? Or is that just SS route? For a long time we were told on this forum that PR is automatically acquired 5 years after entering the country, (not 5 years after RC was issued).
Can you clarify?

The OP in this case is an unmarried partner and was on a student visa prior to submitting an EEA EFM application. EEA EFM's don't have automatic rights in the same way a married couple have.

OPs history and query on ILR Long Residence in link below.

indefinite-leave-to-remain/ilr-lr-appli ... l#p1528074

[kiran2044]

As I mentioned before, I received my EEA2 Residence Card on 2nd Nov 2013 on the basis of Unmarried Partner.
And, I did apply in October 2017 for the PR using the Tribunal case as my basis, as I mentioned on my earlier post. I have now received letter from hone office.

They insist that I qualify for PR on 2nd Nov 2018. According to them I became family member after I was issued the Residence Card (2nd Nov 2013) and this date can't be revised retrospectively to include the time before issuance of Residence Card. They have mentioned the Tribunal case in detail, that I based my case on. And, they have used this tribunal case result to point out that extended family member can gain PR only after holding the Residence Card for 5 years.

I think they have twisted the words from the result of the Tribunal case and used it against my case. However, they have not refused my application yet and I've been given options; I can carry on with my PR application (which will apparently result in refusal) or I can amend my application to EEA Residence Card, and they have asked me to reply to them with my decision.

Funnily enough, they have already returned all my documents but they've kept 2 documents; the Tribunal Case print out that I sent, and my Cover Letter which mentioned the Tribunal Case in detail.

Any thoughts / suggestions please??

P.S. please let me know if you would like me to post the Letter I received from home office

Thanks

1. If I carry on with PR application, which will result in refusal, will I be allowed to appeal (as I am an Unmarried Partner)?

2. If I change my application to EEA Residence Card and get the new Residence Card, does it invalidate the old one that I currently have. Or both will be valid?

3. If the old one does get cancelled, will it get cancelled on the same day as the new one will be issued? I am asking this because being an Unmarried Partner I don't have automatic rights, so if there is a time gap between the cancellation of old one and issuance of new one, I take it I am no longer family member and will be an overstayer for that period?!

Many thanks

[kiran2044]

As I mentioned before, I received my EEA2 Residence Card on 2nd Nov 2013 on the basis of Unmarried Partner.
And, I did apply in October 2017 for the PR using the Tribunal case as my basis, as I mentioned on my earlier post. I have now received letter from hone office.

They insist that I qualify for PR on 2nd Nov 2018. According to them I became family member after I was issued the Residence Card (2nd Nov 2013) and this date can't be revised retrospectively to include the time before issuance of Residence Card. They have mentioned the Tribunal case in detail, that I based my case on. And, they have used this tribunal case result to point out that extended family member can gain PR only after holding the Residence Card for 5 years.

I think they have twisted the words from the result of the Tribunal case and used it against my case. However, they have not refused my application yet and I've been given options; I can carry on with my PR application (which will apparently result in refusal) or I can amend my application to EEA Residence Card, and they have asked me to reply to them with my decision.

Funnily enough, they have already returned all my documents but they've kept 2 documents; the Tribunal Case print out that I sent, and my Cover Letter which mentioned the Tribunal Case in detail.

Any thoughts / suggestions please??

P.S. please let me know if you would like me to post the Letter I received from home office

Thanks

1. If I carry on with PR application, which will result in refusal, will I be allowed to appeal (as I am an Unmarried Partner)?

2. If I change my application to EEA Residence Card and get the new Residence Card, does it invalidate the old one that I currently have. Or both will be valid?

3. If the old one does get cancelled, will it get cancelled on the same day as the new one will be issued? I am asking this because being an Unmarried Partner I don't have automatic rights, so if there is a time gap between the cancellation of old one and issuance of new one, I take it I am no longer family member and will be an overstayer for that period?!

Many thanks

Anyone??!!