Hi
I am Romanian and I am married with British citizen since July 2006.
We followed all the legal steps as our marriage is a genuine one. At the moment I am very confused and frustrated as no one could give me some clear answers (I even contacted legal advice from a solicitor, in immigration matters and still no precise answer).
After I met my husband and decided to get married, I came in the UK with marriage visa (2006). After that I had a 2 years visa (Leave to remain) until 2008. In 2008 we called the Home Office to find out what do we have to do (note that my husband works for the Prison service and we are not allowed to apply in person, only by post). On the phone we have been told that as I am Romanian I should apply for the UK residence documentation (blue card) and after 5 years my residence in the UK will "become automatic".
I though that I will have to apply for ILR (indefinite leave to remain) instead but "they" said that is the next step for me, as Romania is part of the EU. Again, I was confused and I didn't have in my mind to apply as an individual as I was married with a British citizen. Also we have not been told anything about the treaty rights and most important about the CSI ( a very well known problem now days).
However we though they they know the law better and we sent my application which was a successful one (Registration Certificate - blue card) which I found out later on that is valid for 5 years (Oct 2008- Oct 2013)
So in Oct 2013 we called again the Home Office and asked what is the next step as I would like to make my status clear and also to settle (been married for more than 7 years at the time).
We been told that in January the law regarding Romanians and Bulgarians will change, so I would not need to apply for ILR SET(M) and I will be able to apply for a PR card. Again I took their word thinking that they know what they are talking about and in January I applied for the PR card. Unfortunately I have been rejected. Even if I did choose the self-sufficient option, I sent the P60 for the 2 years when I worked as a teacher assistant at Canterbury College plus bank statements, marriage certificate, husband's P60, bank statements but of course I didn't have CSI. As I said before, I didn't know that this application will be treated as an individual, I though the fact that I am married will count. (Small note- I have never asked for any public funds as I had my own money and also my husband was my "sponsor" when I came to the UK)
Now at this point I don't know what to do, I don't know what my rights are as I didn't come to the UK to leave as an "individual" person, I came here to leave with my husband. The solicitor suggested to get a CSI and wait another 5 years, after I should apply again for PR.
I have to say that I am crying at this moment when I am writing this message.
There is no chance to get hold of some one from HO but I don't trust their word anymore.Also the solicitor told me that I can't apply for ILR as I am "over time*?
I am sure that I am not the only person in this situation but I am desperate to find some answers. and I am sorry if I posted in the wrong topic.
Please if you have some helpful answers would me much appreciated.
Thank you
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