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Yes, you need to stop working and leave the UK if your application is not approved before the expiry of the T5 youth mobility visa.
No.
It does seem strange that you haven't yet been charged or received a biometrics letter. I would definitely try contacting them and pushing for this to be resolved/looked at again.BlueDk wrote: ↑Sat May 23, 2020 2:41 pmDo you also think I should contact HMRC and ask why I havent been charged yet or recieved my biometrics letter yet. I can see that they are sending them out again from the timeline thread to people who applied a month after me. I'm a little worried something is wrong with my application.
Presumably you mean the Home Office and not the HMRC.
Correct. An unmarried partner has no automatic rights in the same way a married non EU citizen spouse of an EU citizen would.From what I gather I also do not automatically receive the benefits of the EU freedom of movement within the UK as I am a durable partner which is not classified as a close family member, until I receive the BRP card?
You are not switching to a long term (i.e tier 2 or FLR(M) spouse visa) under the UK immigration rules. There are no restrictions on flying to NZ at this stage either. This also applies to those who have had their visas expired or expiring soon, which have been extended to 31st July. It also applies to those who are unable to travel due to home country borders being closed and flight restrictions. This is not the case for you or NZ.It also appears that some current policies are being relaxed due to CV and some visas including my current tier 5 have been extended ( currently doesnt effect me as mine expires at the end of August). It states that if I am switching to a "long-term UK visa" the terms of my leave will remain the same until my application is decided. But does this also not include the EEA route?
It doesn't apply to you.Is anyone aware if the Covid 19 measures would include my situation ?
Below is a summary of the advice I have been provided, I need to respond with some questions, do you think I should ask for some confirmation or legislation to back up the advice?
• I advised you that because you have applied for a residence card prior to your leave expiring, you are lawfully in the UK. You are lawful until your Tier 5 expires. Then you are not. Section 3C does not apply to you.
• You must remain in the UK until a decision is made on your case. Once your Tier 5 expires, you will be an overstayer if your RC has not been granted by that time. This will have implications for future applications you make, such as British citizenship.
• It is important for you to note that as an extended family member of an EEA national your application for a residence card is for the purpose of evidencing your right as the extended family member of an EEA national.
• The Citizens Directive of 2004 (Directive 2004/38/EC) provides for the right of citizens of the European Union and the family members to move and reside freely within the territory of the member states.
• I advised that if you and your partner get married, you can make an application for pre-settled status online under the EU settlement scheme. If you submit an application online and you succeed, you will be granted leave to remain for 5 years just as you will
be granted 5 years leave if your current application is successful. It is not 'leave to remain', which is a UK immigration visa/term. It will be Pre-Settled Status granted under Appendix EU.
• You are permitted to continue working. Not once your Tier 5 expires.
• I advised that your employer can use the employer checking service to confirm your right to work. See link below
• https://www.gov.uk/employee-immigration ... ent-status
• The employer checking service should take into account the leave you had when you submitted your current application, the date you submitted your current application and the type of application you have submitted.
• You are unlikely to get anything on the Home Office website which explicitly states that you have a right to remain. Page 6 in the Section 3C official UKVI document, states this clearly. Here (click to read the official UKVI document)
• I advised that if you do leave the UK prior to a decision being taken on your application, it means you have withdrawn your application. This is confirmed under paragraph 34K of the immigration rules. This doesn't apply to Residence Card applications. It applies to UK immigration/visa applications.
Yes, a married non EU spouse of an EU citizen derives rights automatically as you would be a direct family member.If my partner and I go married would I automatically gain the right to work and live in the UK? It would be some comfort to know that we have this in our back pocket just in case, though its not exactly the situation we wanted to get married.
COA is the certificate of application. Basically an acknowledgement of the application. As an unmarried partner, you would likely not get the right to work phrase on your COA.Just a bit of a side note. what is a COA with work? is it effectively them confirming my application and right to work and would the home office issue me one of these in advance of my BRP card?
Yes, married partners get it easier with immigration. This is no surprise really. It's a universal rule when it comes to immigration. Actually in many countries, possibly in most, unmarried partners cannot claim anything.Sorry to keep asking questions, but just want to be clear. If my partner and I go married would I automatically gain the right to work and live in the UK? It would be some comfort to know that we have this in our back pocket just in case, though its not exactly the situation we wanted to get married.
An unmarried partner visa (FLR M form) doesn't apply to you if your spouse is an EU citizen. You have to be the partner if a British citizen or someone who is settled, ie holds indefinite leave to remain.I know this is the wrong forum but does anyone know if I might be eligible for a partner visa which then would give me protection under section 3c ? My partner is EU and has pre-settled status.
I know it is not my post but can you please advise me on which one I should apply? I have 2.5 leave to remain (family law) I am married to Polish citizen and our son is British passport holder. My wife already got her Settlement status. Should I apply for under EU law as a direct family member Eea or for a settlement status/pre-settlement? Thank youCR001 wrote: ↑Wed Jun 17, 2020 6:47 amBut you haven't applied for a new visa under the UK immigration rules, which would permit you to stay and retain existing visa conditions under section 3c of the immigration rules.
You have applied for a residence card under the EU rules as an extended family member. You have no rights in the UK once your visa expires and you are still waiting for a EFM residence card to be granted. It would be different if you were married.
https://www.immigrationboards.com/eea-r ... l#p1383365
You risk being denied entry to the UK when you return.As per my previous posts my current visa (tier 5 youth mobility) expires on the 28th of August. I currently have a flight booked to Italy for a holiday and was planning to return and re-enter the UK on a tourist visa (NZ passports can stay for upto 6 months).
They don't have to let you in as a durable partner as you have no automatic rights under the EEA rules if you are not married.- Does the UK have to let me in as a durable partner of an EEA (noting that we would also get married in a few week in the UK) or could they bar my re-entry. I plan to just go through the E-gate at the airport so may not even speak to immigration. Assuming they could deny my entry and ask me to leave and apply for a EEA family permit.
You cannot usually get married in the UK on a standard visitor visa.- Once we are married in the UK I believe I will automatically have the right to live/work in the UK under the EU directive. At that point should I just immediately apply for pre-settled or should I apply for the EEA FM residence card first?