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BC - breach of immigration rules

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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larswell
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Location: United Kingdom

BC - breach of immigration rules

Post by larswell » Fri Oct 07, 2011 1:13 am

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Last edited by larswell on Wed Apr 25, 2012 1:02 am, edited 1 time in total.

Kitty
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Joined: Wed Jan 17, 2007 10:54 am
Location: Southampton, UK

Post by Kitty » Fri Oct 07, 2011 10:00 am

Can you clarify what documents you actually applied for and received?

When you got married, did you receive a Residence Card (a free document under European rules, applied for using form EEA2)? Or did you leave the UK and apply for a Family Permit or spouse visa?

Did your spouse have PR? What was their nationality?

When you subsequently applied for residence after your divorce, were you actually given "ILR" or a document certifying "Permanent Residence" (under European rules)?

Like you, I am confused as to why you would have been given ILR or PR, when you seem only entitled to a retained right of residence. Can you clarify what the stickers in your passport actually say?

larswell
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Posts: 9
Joined: Mon Feb 21, 2011 1:08 am
Location: United Kingdom

Post by larswell » Fri Oct 07, 2011 10:43 am

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Last edited by larswell on Wed Apr 25, 2012 1:02 am, edited 1 time in total.

Kitty
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Posts: 706
Joined: Wed Jan 17, 2007 10:54 am
Location: Southampton, UK

Post by Kitty » Fri Oct 07, 2011 12:34 pm

The requirements for citizenship are also that you have been without immigration time restrictions for the last 12 months before your application. In EEA terms, this means having PR for 12 months.

Read section 2.4 of the application form for citizenship (Form AN). It requires you to list the ways in which you qualified for EEA residence, if that is what you are relying on.

Documents issued under the EEA Regulations do not confer status on you: they confirm what your status is. To my mind that means that just because you received a documents saying you had PR, that does not mean that was the case.

The grant of citizenship is discretionary. I think that if you apply based on a claim that you acquired PR last year, you will likely lose your application fee.

I think that you will satisfy the eligibility requirements in January 2013.

In addition, if you want to rely on having retained the right of residence, then you may want to ensure that you ask UKBA to issue you with the correct paperwork. Otherwise you may find that you have to supply evidence of your ex-wife's exercise of treaty rights from 2007 - 2010, as well as yoru own work etc. from the date of divorce until you (actually) acquire PR in January 2012.

larswell
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Posts: 9
Joined: Mon Feb 21, 2011 1:08 am
Location: United Kingdom

Post by larswell » Fri Oct 07, 2011 2:38 pm

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