need help!

[kumar menon]

i came into Uk on sept 2015 on tier 4 student visa ( visa expired on 31 jan 2017)

applied for flr fp based on my EU partner on 28 jan 2017 (to buy more time
to complete our 2 year of living-relationship)

received a letter on june 2017 from Home office saying to enclose travel documents, pay Nhs charges and photographs. but i have already done this when i submitted my application.

later application was returned as invalid during august 2017 with all the submitted documents but my passport and my partners national ID card was not returned.

again made a FLR Fp within 5days ( to buy time to complete 2 year relationship)
no payments and no documents was enclosed.

after 15 days made an overlapping eea-route application with everything in order and submitted the documents to home office. We are not married and has applied for residence card based on un married durable relationship

Dec 1 2017received a letter from home office confirming the application i made with a case id number

Dec 21 2017 the home office return my application asking to submit my passport and my partners passport.

My question is
i am now confused has the home office lost my passport or has the home office retained it cause my visa is expired.
i have written a covering letter with tracking number from postage while i submitted my passport.

what to do now??
has anyone gone through anything similar like this?

please reply is this possible that the home office doesn't have my passport??

[Wanderer]

UKVI are wise to frivolous and vexatious application made purely to buy time, so the issue you are facing might well be a more serious one.

If you partner is EU (and not British/Irish) FLR FP is not the correct application anyway.

[secret.simon]

If you partner is EU (and not British/Irish) FLR FP is not the correct application anyway.

Not necessarily. FLR(FP) may be a valid application if the EEA citizen partner had already acquired PR in the UK. But I agree that the OP has more serious issues.

To start with, if your initial application was returned as invalid, you have not bought time. Invalid applications do not extend Section 3C leave, Therefore your leave expired on 31st January 2017 anyway and you have been an overstayer since.

Secondly, your second FLR(FP) application is obviously invalid as it was not accompanied by a payment. It is unclear if you did pay for FLR(FP) the first time, but if you attempted to extend Section 3C leave by means of an application with no fee, that won't work as an application with no accompanying fee is invalid.

Thirdly, EEA applications do not engage Section 3C leave either.

Thus, both your FLR(FP) applications have been invalid, Section 3C leave has not been engaged by any application and you have not bought yourself any time. You have been an overstayer since the expiry of your Tier 4 visa and will only regain legal status if granted unmarried partner status. If it is granted, you will only be legal from the date of such grant. This period of overstay will affect any future citizenship applications.

Is your partner exercising treaty rights in the UK? If so how, is it as a student? If so, does s/he have either a non-UK EHIC card or CSI (Comprehensive Sickness Insurance (private health insurance)?

i am now confused has the home office lost my passport or has the home office retained it cause my visa is expired.

I think you have managed to confuse the Home Office. EEA applications are dealt with differently (and I believe in physically separate places) from UK Immigration Rules applications and by making concurrent applications, you have probably got the paperwork lost within the Home Office. You may have to wait while they find it, all of which time you are an overstayer.

[kumar menon]

secret.simon
first i would like to thank you for the reply



Is your partner exercising treaty rights in the UK?

yes ! she was a student but now she is employed in work earning 19000 pa

If so, does s/he have either a non-UK EHIC card or CSI (Comprehensive Sickness Insurance (private health insurance)?

she has national insurance only


I think you have managed to confuse the Home Office. EEA applications are dealt with differently (and I believe in physically separate places) from UK Immigration Rules applications and by making concurrent applications, you have probably got the paperwork lost within the Home Office. You may have to wait while they find it, all of which time you are an overstayer.


okey i understand that but is there any options to get things sorted out early??

and you said i may have future issues for citizenship? could you please explain me that
and also do explain me if i there will be any issues to me during brexit?

[CR001]

Have you registered a second username to ask the same questions in a different sub forum?

member/durae1D/

Multiple usernames are not permitted on the forum.

announcements/multiple-member-id-s-t11811.html

[secret.simon]

Is your partner exercising treaty rights in the UK?

yes ! she was a student but now she is employed in work earning 19000 pa

If so, does s/he have either a non-UK EHIC card or CSI (Comprehensive Sickness Insurance (private health insurance)?

she has national insurance only

Assuming that your EEA citizen partner does not have PR already, s/he can only sponsor you to PR if she exercises treaty rights for five continuous years. Any interruptions to her exercise of treaty rights resets your PR clock to zero.

Her time as a student does not count for the purposes of acquiring PR under EU law if she did not have CSI or a non-UK EHIC card for the period that she was a student.

Did you submit proof of her working in the UK with your EFM application?

and you said i may have future issues for citizenship? could you please explain me that

Under the current rules for naturalisation (which are unrelated to both the UK Immigration Rules and EU law), the good character requirement states that "the decision maker will normally refuse an application if within the 10 years preceding the application the person has not been compliant with immigration requirements". As you are currently overstaying in the UK, in breach of the Immigration Rules, the earliest that you can apply for naturalisation under the current rules (which can change) would be the 10th anniversary of the grant of the EFM Residence Card, if your application is successful.

and also do explain me if i there will be any issues to me during brexit?

As the durable partner of an EEA citizen, your status in the UK until you acquire PR is entirely dependent on the EEA citizen. If the EEA citizen ceases to exercise treaty rights, or leaves the UK or the relationship breaks down, your right to reside in the UK ceases.

Brexit is unlikely to affect you if you have already been issued with an EFM Residence Card before March 2019 AND your partner remains in the UK post-Brexit exercising treaty rights for five continuous years.

The biggest worry for you would be if she decides to leave the UK. Then your right to reside in the UK ends.

EDIT: Apologies, CR001, I only saw your post at the end of my post, while I was submitting. It does seem to be the same person in both usernames.