change status

[ijohn]

i am living in uk since July 2006. i have indefinate leave to remain for Germany on German travel documents. in UK i am living on visa EEA
family permit because of my partner. we were unmarried couple. She is a German national and we had a relationship of 5 years. my family permit is valid until july 2011. i would like to mention that i have my daughter. she is also German national (5year old)and she was living with us. now we are not living togehter because we broke up. my daughter is living with her mother. they can live in UK because they are german nationals. but for me immigration officer told me that i will break up then i have to go back to germany. but i want to stay here in UK for my daughter. i am working full time. now i want to know that which visa i need to stay here in uk or i dont need any visa.

[JAJ]

- How long is it since you left Germany?

- Is your German residence status still valid?

- Why did you not become a German citizen before you left?

- What's your nationality?

These questions may clarify things a little.

[ijohn]

Hi Jaj thanks for your time,
I am pakistani national , i left germany in july 2006last year and my leave to remain is still valid for germany, i usually go back to germany a couple of time in a year for my hollidays, I ll get my german nationality in dec 2008.
thanks
I John

[mym]

i am living in uk since July 2006. i have indefinate leave to remain for Germany on German travel documents. in UK i am living on visa EEA family permit"

The EEAFP is not a visa it is an Entry Clearance, what you have ("family permit valid until july 2011") is an EEA Residence Permit. However your right to be in the UK derives purely from your partner (and from your daughter though only if she lives with you and is 'self-sufficient'). If you are no longer in a relationship with your partner then you are no longer entitled to be in the UK, or work here, and your RP can be cancelled at any moment - in fact as they are now aware of your circumstances it probably will be cancelled by the Immigration Officer when you next try to enter the UK.


I'd suggest getting some professional advice ASAP.

[Mr Rusty]

You have a permit, carry on using it until it's cancelled. You can not be treated as an offender under S24.1(b) of the Immigration Act 1971, because you haven't been given "leave to enter" under the Immigration Rules, you have a residence permit under European Regulations. So if you stay and work, you are not breaking any law, unless the Home Office cancels your Residence Permit. If they do, then you'll have to leave the country.

But an Immigration Officer at a port of entry might try to cancel the Permit if he realises that you are no longer a family member.

But you haven't got long to wait, if you can obtain German citizenship this coming December.

So I think you should holiday in the UK this year, go back to Germany in December and come back as a German citizen.