Apply For PR

[hasanANA]

hi all I would like to know if any 1 have any samiler case. and if there is any idea what the outcome will be for my PR application form.. Iam non eu married my wife abroad by proxy as I cant go there due to my asylum case here and I cant marreid here due to change of the law in 2005 . been here sence 2000 and got marreid in 2007 by proxy to my german wife . so we apply for RC in 2007 and we were wating for 2 years to have my RC approved .last call before my RC approved from the ukba case worker saying to my lawer that he will consider the case as unmarreid partner so we say ok so they send the RC . NOW we both been living togather for 6 years iam in full time job and she is on part time work . we paying our tax up to date and we have all the proof form city council bill and jont bank account and all sort of bill gas and elc .........we ask if I can apply for PR and lawer say yes you can . so send off the PR form eea4 to ukba with all P60.bills and proof of address and all this with both passport and latest payslips . 1 month letter ukba send it back saying theres is a cap in my wife resdeint for 3 month so we watied and send the form 3 month letter . so the ukba send it back to us agian in secand time saying they are not happy about my wife pay slips so . she went to her accountant and ask her if she can proof to the ukba that this payslips lawfull so the accountant writing strong letter to the ukba saying her office and her payslips been check by MHRC weekly and they are lawfully so this time the application been with the ukba for 3 month and no respond at all at this time . I phone them up last week and they said that the case not in the case worker team so told me to waite. so this is a bit of my story allso like to til you due to my asylum case here in 2000 I have been in legasy program too and I have recive a letter form the ukba that they will concloud my case in jully 2011 so have chance to get it throu my asylum legasy . so any idea please regarding my case under eu law . thankx all

[Obie]

Hi Hassan,

Congratulations on receiving your residence card, and i am glad your case was considered within the EEA regulations.

I am not quite sure why the proxy marriage was not recognised by the caseworker, can you elaborate on which country the proxy marriage took place and whether a proxy marriage is recognised in that country.

Proxy marriage is not recognised under UK laws, but for immigration purpose, it will be recognised as a legal marrige if the country it was contracted recognise it as such.

Their is an implication in them choosing to consider your case under the extended family member category. What this essentially means is that you don't start to be a family member until the ResidenceCard was issued.

What this means in essence, is that your 5 years residence don't start to count until 2009 when your residence was finally processed, as opposed to 2007 when you got married.

Had your marriage been recognised, you will qualify to apply for PR in 2012.

I am puzzled as to why your lawyer advised you to apply PR now, as you are not frankly speaking qualified for it, but hopefully this will not become clear to the UKBA and you will succeed in your application.

I believe you have a better chance under legacy than PR through EU, but i will not speculate yet.

In any case, i wish you all the best and hope you succeed in your endeavour.

[hasanANA]

hi thank you for you respond regarding my pr at the ukba. the marrige is except it in syria where it take place that where i come from and been except it in germany where s my wife come from . so the marriage was fine and except in both country we have a letter from germany and my embassy here in london to proof that. now I did ask my lawer regarding if the ukba will except my eea4 under eu law . and he said to me because i have been cohabtion before marrige 3 years and 3 years marrige they have too except it under eu law . so I fone the ukba and ask them if they where fine with my application and if they consider cohabtion before marrige and the man say as long as you can show you been togather 6 years and u have proof of that like bills and bank account and rent agreement and ect........ that will be fine . so i send the eea4 2 time and they return it saying 1st time that theres is cap 3 month and 2th time saying they where not happy with my wife payslips so 3th time nothink and still with them now for 3 and half month last update the case is with ukba case worker team and wating .thank you i would like to know what you think and if you hear any 1 have smaler cases thank you and please let me know if you like to know more about the case . have nice day