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I have arrived in the UK in 15/03/2011 and was granted permission to stay as a tourist for 6 months as a non EEA.
As I was engaged to an EEA citizen and set my wedding for 15/11/2011, so I overstayed for approximately 60 days.
Short after that I applied for EEA2 permanent residence and was granted. My lawyer at the time instructed me to stated this overstaying in the application.
Although it's a little early for that, in 15/11/2016 I should be entitled to apply for ILR. I've been reading a lot about changes in law for overstays and getting worried about my future in this country. Will this 60 day overstay be an issue?
Thanks a lot.

It shouldn't affect your PR (ILR is for the UK route, not EEA family), but it may well result in a refusal for British Citizenship.

I wasn't notified by your answer. Thanks a lot, although it's not good news.

Well it's better news than you may have been expecting for your Permanent Residence (PR), even though it may delay your qualifying time for British Citizenship

Thanks again Casa.

And again I was not notified about your answer.

Can you please tell me how it may delay my qualifying time for British Citizenship?

Thanks in advance.

10 year ban in applying for BC from the date when your illegal status became legal. In other words you can't apply for citizenship until 10 years from the date your EEA2 permit was issued. If your permit was granted in 2012, the earliest you can apply for BC would be 2022.
Quote: "the period of 10 years starts from the date on which the person first brought themselves to or came to the attention of the Home Office."

Regarding Permanent Residency (PR). Has your spouse been exercising Treaty Rights during your residency? i.e working or studying? Studying would require payment of Comprehensive Sickness Insurance (CSI).

Also bear in mind that your legal residence didn't start with your wedding. The qualifying date for PR will be the date of issue on your EEA permit.

Wow! That's for sure or is something I can appeal?

Thanks a lot

15-11-2021 will be your qualification because of the 60says overstaying,

28 days might have been overlooked.

Yes, she's been working, still works and lives in the UK

No, as British Citizenship is a privilege, not a right. The most you could do is ask for a re-consideration. If you apply and are refused you would lose your application fee.

eealess wrote:Yes, she's been working, still works and lives in the UK

your worries should be on retaining your rights after divorce, citizenship will be the least of my worries if i were in your shoes.

Obie wrote:15-11-2021 will be your qualification because of the 60says overstaying,

28 days might have been overlooked.

Obie, will it be taken from the date of the marriage (while he was here as an overstayer) or from the date the EEA2 was granted? Also surely the ban will start from the date the Home Office were made aware of their presence in the UK. i.e whenever the EEA2 permit application was submitted? The OP only says he applied 'a short time later'..with no specific date.

Obie wrote:

eealess wrote:Yes, she's been working, still works and lives in the UK

your worries should be on retaining your rights after divorce, citizenship will be the least of my worries if i were in your shoes.

Ah! Thanks Obie.+1 No mention of divorce in this thread, but trawling back through previous posts I see that's the case.
@eealess you say that your wife is still working but you omitted to say what you mentioned in a previous thread that :
"In a change of events, she is not leaving the UK but is planning on taking a "sabbatical year" from October on."

No casa , my view is after marriage, rather than after EEA 2 was granted.

Thanks for the explanation Casa.

Obie, I had another thread about the RoR that responded: http://www.immigrationboards.com/eea-ro ... l#p1233726

I came back here to start another thread about the supporting documents for PR after having a RoR.

This is what I was gonna post:

I'm currently waiting for the date for pronouncement of my Decree Nisi. My partner still works and lives in the UK.
I should start collecting the documents for the RoR. In November 2016 I will be able to apply for PR.
(I have clarified in another post that I am eligible for RoR)
I was wondering if, for the PR, I have to send all documents proving the status of my partner and mine in UK for the past 5 years or, since I should be granted RoR, do only need to give them the RoR and prove that I am working/living in the UK from the date of my divorce on.
I'm worrying about these support documents now because my soon to be ex is willing to help so I may just request all I need at once before circumstances change.
Thanks,

If you can advise me on this here I won't need to post a new one.

Obie wrote:No casa , my view is after marriage, rather than after EEA 2 was granted.

In which case, I'm confused as to how this guidance is interpreted;
"the period of 10 years starts from the date on which the person first brought themselves to or came to the attention of the Home Office"

Is it different for a spouse of an EU national?

Hi Casa, I was trying to keep different issues in different threads. That's how I thought this forum worked. Although they are all one big issue in my life. Sorry about that.

She's guaranteed she won't leave or stop working until march.

I'm currently waiting for the date for pronouncement of my Decree Nisi.

I should start collecting the documents for the RoR I will be applying in January. In November 2016 I will be able to apply for PR.
(I have clarified in another post that I am eligible for RoR)

I was wondering if, for the PR, I have to send all documents proving the status of my partner and mine in UK for the past 5 years or, since I should be granted RoR, I only need to provide the RoR and prove that I am working/living in the UK from the date of my divorce on.

I'm asking this question about these support documents now because my soon to be ex is willing to help now so I may just request all I need at once before circumstances change (she's planning on leaving the country in July/2016).

Thanks

eealess wrote: I was wondering if, for the PR, I have to send all documents proving the status of my partner and mine in UK for the past 5 years or, since I should be granted RoR, I only need to provide the RoR and prove that I am working/living in the UK from the date of my divorce on.

For ROR you have to present the proof you have been married to a EU citizen for at least 3 years and both lived in the UK for 1 year, your spouse exercised the treaty rights over above mentioned 1 year period, and you exercise your treaty rights after divorce (work, study etc.) as if you were a EU citizen. And that is all your ROR means when you apply for PR, that is, that you had previously provided the proof of exercising the treaty rights for 1 year period prior to the divorce. Plus one year of your work after divorce. You have to cover 5 years in your PR application.

Hi Nimitta,

Thanks for your answer. I'll request the documents you mentioned for RoR plus evidences of:
- My EEA sponsor was exercising treaty rights in the UK for the time we were married (yes for the 4 years);
- We were both living in the UK;

And after obtaining the RoR, future proof I have lived and worked in the UK as a EU person exercising treaty rights would.

Thanks for your help.

I'm collecting the supporting documents for my RoR application since my Decree Nisi has been issued.
There seems to be a bit of confusion about which form to use. Apparently this year the form EEA (FM) was introduced but people still seem to use EEA2 and EEA4.
Could you please confirm if the newest form is the right one (EEA (FM))? Also, should I provide evidence of cohabitation and her work during only one year (easier to obtain) or to the whole time we were together (harder to obtain but more detailed)?

Thanks

Self-addressed special delivery envelope

When I applied for my EEA2, my lawyer sent a self-addressed special delivery envelope. Do I have to send one, or it's just so it's a safer way to get my documents back?

Thanks,

Alt

I have been issue an EA (FM) in August. Thanks for all your help

On 19/11/2016 I acquired the right of Permanent Residence.

I've been struggling to understand which documents I have to submit. EEA (PR) guidance notes read:

"If you already have a registration certificate or residence card on the basis of a retained right of
residence, you do not need to submit evidence of residence before the relevant date. However,
you must show that you have lived in the UK in accordance with the Regulations since you were
last issued with a registration certificate or residence card, and have completed 5 years’
continuous legal residence in the UK."

From this I understand that I I don't need to submit evidence of residence before the date of my divorce, but only proof that I am working and living in the UK since the divorce.

About the last part, the 5 years of continuous legal residence in the UK, does it mean:

a) I have to provide proof that I have been in the UK for the past 5 years (bank statements and utility bills with my name) or;

b) I have to provide proof that I have been in the UK for the past 5 years (bank statements and utility bills with my name) + I have to also provide proof that she was exercising her treaty rights and living in the UK during the whole time we were married?

Seems really confusing the way it's written and what they mean with "5 years’ continuous legal residence in the UK."

Any help would be much appreciated.

eealess wrote:Hi Casa, I was trying to keep different issues in different threads. That's how I thought this forum worked. Although they are all one big issue in my life. Sorry about that.

Both issues relates to PR and therefore should have been in the same thread.