Immigrationboards.com

[vipo]

Hi all, i would to know if anyone would be able to clarify few things for me as I get mixed information reading the HO website about the subject.

First of all, I have been living, as a Non EU National with my partner, who is an from an EU member state, since 1998 and i came to the UK in 1994 (legally but overstayed out of stupidity). We have two kids who were born in UK.

In 2008, i applied for the EEA family Member card (5years), which I received almost 2 years later in 2010 due to the HO work overload. I have no criminal record and a hard working person. Never been out of the country for more than 3 weeks.

Even though my partner is from an Member State, also has the PR card as she also been living here for more than 14years.

I would like to know if I should apply for BC since I have been here for more than 14 years or just apply for the PR which seems the natural route to getting the BC. What are my chance of getting either?

Many thanks.

[Jambo]

Under EEA regulations, PR status is obtained automatically. You don't need to apply for it. What you apply for is a confirmation from the HO that you hold PR status.

After such a long period in the UK, you most likely have obtained PR already but please answer a few questions to clarify your status:

* Are you married to your partner? When did you get married?
* Since when does your partner have a PR card?
* Why did you apply for a 5 years Residence Card in 2008 and not a PR confirmation?

[vipo]

thanks Jambo for your reply.

- No we are not married

- and as for her PR i cannot think on top of my head but it was about a year or two before i send in my application around 2006/2007

- I guess because we were advised to do so by member of the IASUK immigration advisory service (does not exist anymore, I think), as a safe bet, so we went for it.

Many thanks again Jambo

.

[Jambo]

and I assume you didn't have a valid visa in the years before 2008?

As you are unmarried partner, the time you started to live under the EEA regulations is not as clear as a married couple so I would not apply for BC directly at this point (and risk losing the £850 application fee).

I would apply for PR now using form EEA4. The application is free so no much downside. You will need to provide evidence you have lived with your partner for the past 5 years. The fact that she already have a PR before those 5 years would make your application very simple:

* She will need to prove she did not leave the UK for more than 2 years during that period. Tenancy agreement, council tax bills, utility bill can be used to prove that.
* You will need to prove you lived together and that you did not leave the UK for more than 6 months in total every year. Again - tenancy agreement, council tax bills, utility bills would do the trick.

If the HO confirm you have obtained PR, your can apply for BC 1 year after the PR sticker date.

[vipo]

Thanks Jambo, I will follow your advice and apply for the EEA4 . We still have documents that we provided when applying for the EEA Family Member card and recent ones.
Thanks again for your help Jambo. Much appreciated.

[Zerocool143]

Hi

I m married to british citizen but lived in uk for 7 years as eea family member
I got 5 years residency twice plus 1 yr eea family permit
Wen i come in uk. Mean over all 11 years.
I got married wen i had automatic PR time
means i got married wen i was here 6 yers or more.
I applied naturalisation wen i was here for more then 6 n half years
I didnt confirm PR. how they will treat my application confused
I had sent eea treat right proof of up to 6 years of eea national family of mine

anyone can help pls

[Zerocool143]

[EUsmileWEallsmile]

[vipo]

One more thing jambo

What I would like to ask is , as I still have the original of the documents sent while applying for the EEA family member ie gas, electricity bills, just to name few, to prove that we were living together, do i need to resend those documents and add documents from the last application plus the recent ones OR just the recent documents dating from the last 2 years(when I received my EEA Family Card)?

I mean we have been together for over 11 years that would be a lots of paper work. If I send an average of FIVE documents a year that alone would make 55 documents plus my application form.

Finally my partner and I have been looking for her Resident card she doesn't know where she kept it can she call the HO to get another one? OR do we just need a confirmation number from the HO stating that she has the permanent resident card?

Many thanks again.

[Jambo]

You need to provide documentations to cover 5 years of residence. The simplest would be to use the last 5 years. It doesn't matter that you already covered some of the years in a previous application.

Has your partner been working for the whole 5 years? If she did, I would just provide that as proof of her exercising treaty rights. Although this not required if she has a PR status, it would make the application straightforward if she can't locate her PR card. If she haven't been working in the past 5 years, I would contact the HO for advice. The HO would not normally issue a replacement card and might ask her to re-apply. You might need to do a Subject Access Request (SAR) to get a copy of her file from the HO.

[vipo]

thanks again Jambo

we've both been working over the last five years. My partner confirmed she could be able to get the proof of her exercising right as for her PR card we are still looking as it has been misplaced.

Many thanks Jambo.

[EUsmileWEallsmile]

Even if this has been misplaced, the HO should have a record of the successful application.

[vipo]

Hi again,

Thanks to EUsmileWEallsmile and Jambo. Another Question.

I am trying to feel in the EE4 Form got to the section 3 and I did not quite understand this bit of information.

[Jambo]

Applications under EEA regulations are optional. What the text says is that the EEA national doesn't need to apply for PR in order for the HO to decide if you have obtained PR. However your status depends on the EEA national activities so you will need to provide evidence the EEA national has obtained PR even if he doesn't apply for it.

Assuming you just apply for yourself (no children) then all sections apart from 2, 5, 6.

[vipo]

thanks again Jambo.

[vipo]

Hi again, i got all our proof of address and also we found the PR card but i got one more question please. As we have lots of documents showing that we are, still and over the last 5 years, living together (hundreds), I would like to know what amount of documentsfor each of the 5 years, would be considered reasonable, for my application.

[Jambo]

I would try to make the application simple. If you got an annual council tax under both of you, that would do the trick. Maybe add a joint utility bill for every year or P60s if includes your home address on them.

You will need to provide proof of residence for you wife since she obtained PR and for you for the last 5 years.

You are right - section 4 is not required.

[vipo]

Many thanks again Jambo. You're fantastic!

[vipo]

hi Jambo, I sent my documents since June and I am still waiting for an answer. Sent my Application form recorded but still not even received a letter stating that they received my document. I also tried to call but all i get is recorded voice that then hangs the phone. maybe i did not get the right number to call.
Is this something normal? My application was sent around the end of June, what's the normal waiting time?
many thanks again.

[vipo]

HI again, just checked the UK border agency website and found out that