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Refused non-EEA partner's PR due to no EFM RC

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

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vndpag
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Posts: 126
Joined: Mon Aug 22, 2011 6:31 pm
Location: London
Contact:

Refused non-EEA partner's PR due to no EFM RC

Post by vndpag » Thu Aug 11, 2016 7:36 pm

Hi Map25
I send application before completing 5 years my 5th anniversary
is on 12/07/2016 and I send application 23 days before ( 20/06/2016). Home office case worker mood never know now days I have seen in this forum they keep until 6 month even for refusal.
I did mistake I could have wait but due to brexit fear I did send application earlier before the referendum result.I had strong feeling that UK will vote to leave. Rules might will change that is the reason I send earlier but I didn't know about the drama after brexit. I could have wait till now if I know UK to trigger artical 50 next year.
EEA1 & EEA2 Application sent on 26/07/2011
Received by Home Office 27/07/2011
EEA1 and COA Received in one pack 23/09/2011 (Dated 01/09/2011)
Resident Card 18/10/2011

Map25
Newly Registered
Posts: 5
Joined: Sat Aug 22, 2015 2:39 am

Re: Application for PR or PR card: form EEA (PR) - UpToDate

Post by Map25 » Thu Aug 11, 2016 7:49 pm

vndpag wrote:Hi Map25
I send application before completing 5 years my 5th anniversary
is on 12/07/2016 and I send application 23 days before ( 20/06/2016). Home office case worker mood never know now days I have seen in this forum they keep until 6 month even for refusal.
I did mistake I could have wait but due to brexit fear I did send application earlier before the referendum result.I had strong feeling that UK will vote to leave. Rules might will change that is the reason I send earlier but I didn't know about the drama after brexit. I could have wait till now if I know UK to trigger artical 50 next year.
Hi Vndpag,

I had a refusal in February this year because I had send 2 weeks earlier then my 5th anniversary. I was living with my EEA national spouse even before marriage for couple of years and I had provided all the proof of relationship as well but my application was refused.
I wish you all the best for your application.

vndpag
Member
Posts: 126
Joined: Mon Aug 22, 2011 6:31 pm
Location: London
Contact:

Re: Application for PR or PR card: form EEA (PR) - UpToDate

Post by vndpag » Thu Aug 11, 2016 9:28 pm

Map25 wrote:
vndpag wrote:Hi Map25

Hi Vndpag,

I had a refusal in February this year because I had send 2 weeks earlier then my 5th anniversary. I was living with my EEA national spouse even before marriage for couple of years and I had provided all the proof of relationship as well but my application was refused.
I wish you all the best for your application.
Hi Map25

Please if you can tell me more about your case ? did you get letter explanation about your refusal ? I have still chance to withdraw application and send new one in October.If you can help me in sharing your application process from previous experience with HO.

Thanks again
EEA1 & EEA2 Application sent on 26/07/2011
Received by Home Office 27/07/2011
EEA1 and COA Received in one pack 23/09/2011 (Dated 01/09/2011)
Resident Card 18/10/2011

Sultan2016
Newly Registered
Posts: 15
Joined: Mon May 16, 2016 7:59 pm

Re: Application for PR or PR card: form EEA (PR) - UpToDate

Post by Sultan2016 » Thu Aug 11, 2016 9:39 pm

Map25 wrote:
vndpag wrote:Hi Map25
I send application before completing 5 years my 5th anniversary
is on 12/07/2016 and I send application 23 days before ( 20/06/2016). Home office case worker mood never know now days I have seen in this forum they keep until 6 month even for refusal.
I did mistake I could have wait but due to brexit fear I did send application earlier before the referendum result.I had strong feeling that UK will vote to leave. Rules might will change that is the reason I send earlier but I didn't know about the drama after brexit. I could have wait till now if I know UK to trigger artical 50 next year.
Hi Vndpag,

I had a refusal in February this year because I had send 2 weeks earlier then my 5th anniversary. I was living with my EEA national spouse even before marriage for couple of years and I had provided all the proof of relationship as well but my application was refused.
I wish you all the best for your application.
Your case is same as me.

My visa will expire on 24 Oct this year.

My marriage 5th Anniversary was on 25th July 2016 and I sent thedocuments on 09th July 2016. But if you were living together before marriage and you have your living evidence like utility bills and tenancy agreement which cover your five year of living and working then you should be fine.

Best of luck
For all of us.

Map25
Newly Registered
Posts: 5
Joined: Sat Aug 22, 2015 2:39 am

Re: Application for PR or PR card: form EEA (PR) - UpToDate

Post by Map25 » Fri Aug 12, 2016 12:17 am

Sultan2016 wrote:
Map25 wrote:
vndpag wrote:Hi Map25
I send application before completing 5 years my 5th anniversary
is on 12/07/2016 and I send application 23 days before ( 20/06/2016). Home office case worker mood never know now days I have seen in this forum they keep until 6 month even for refusal.
I did mistake I could have wait but due to brexit fear I did send application earlier before the referendum result.I had strong feeling that UK will vote to leave. Rules might will change that is the reason I send earlier but I didn't know about the drama after brexit. I could have wait till now if I know UK to trigger artical 50 next year.
Hi Vndpag,

I had a refusal in February this year because I had send 2 weeks earlier then my 5th anniversary. I was living with my EEA national spouse even before marriage for couple of years and I had provided all the proof of relationship as well but my application was refused.
I wish you all the best for your application.
Your case is same as me.

My visa will expire on 24 Oct this year.[/img]

My marriage 5th Anniversary was on 25th July 2016 and I sent thedocuments on 09th July 2016. But if you were living together before marriage and you have your living evidence like utility bills and tenancy agreement which cover your five year of living and working then you should be fine.

Best of luck
For all of us.

Hi Vndpag,

Following are the words from refusal letter.

"Your relationship was not confirmed by the home office until you married your sponsor. Any time before marriage was not recognised as being a relationship as you were not issued any status of unmarried partner in accordance with the regulation 8(5) of the EEA regulation 2006".

"You are not eligible to apply for permanent residence until 5 years after you became a family member in accodance with the regulation 7 of the EEA regulation".

vndpag
Member
Posts: 126
Joined: Mon Aug 22, 2011 6:31 pm
Location: London
Contact:

Re: Application for PR or PR card: form EEA (PR) - UpToDate

Post by vndpag » Fri Aug 12, 2016 8:36 am

Hi Vndpag,

Following are the words from refusal letter.
"Your relationship was not confirmed by the home office until you married your sponsor. Any time before marriage was not recognised as being a relationship as you were not issued any status of unmarried partner in accordance with the regulation 8(5) of the EEA regulation 2006".

"You are not eligible to apply for permanent residence until 5 years after you became a family member in accodance with the regulation 7 of the EEA regulation".
Hi Map25
Thank you for your email have you send any additional document during the process or any reconsider your case,? What did you do in this case ? Did you send fresh application ? My wife acquired DCPR December 2014 do you think is there any chance for me or I better to withdraw application now and send later stage ?, I am worried if I withdraw it will take ages to get back my documents, I do not understand home office case worker when application in process they cant see EU passport and non EU passport is with them so why they don't consider is the 5 years continuous of those months why they keep 6 months and refuse the application because we send three weeks earlier ?.
Please I need help from the moderator and gurus who has similar case those who send their application before their 5th year anniversary and I got success, I did send 23 days before my 5th year anniversary.

Looking for help and discussion

Thanks
EEA1 & EEA2 Application sent on 26/07/2011
Received by Home Office 27/07/2011
EEA1 and COA Received in one pack 23/09/2011 (Dated 01/09/2011)
Resident Card 18/10/2011

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Refused non-EEA partner's PR due to no EFM RC

Post by noajthan » Fri Aug 12, 2016 8:40 pm

To avoid confusion & jumbled responses, I have moved your question to its own thread (this one).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Application for PR or PR card: form EEA (PR) - UpToDate

Post by noajthan » Fri Aug 12, 2016 9:24 pm

Map25 wrote:Hi Vndpag,

I had a refusal in February this year because I had send 2 weeks earlier then my 5th anniversary. I was living with my EEA national spouse even before marriage for couple of years and I had provided all the proof of relationship as well but my application was refused.
I wish you all the best for your application.
It's not about applying 'too early'.

You were refused because even if living together in a relationship 'akin to marriage' before you got married you did not have an EFM RC as an extended family member.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

vndpag
Member
Posts: 126
Joined: Mon Aug 22, 2011 6:31 pm
Location: London
Contact:

Re: Refused non-EEA partner's PR due to no EFM RC

Post by vndpag » Fri Aug 12, 2016 11:35 pm

Hi Noajathan
Thanks for your reply please can you advice me what should I do ? Shall wait until decision has been made or withdraw application now and send later stage. I was on student visa before we were living together.
My employer (specially HR) is not cooperative at all I supposed to receive my COA according to the time line I have seen in this forum but my one getting delayed.
Please advice me what should I do in this case ? Is there anybody or any one has success getting their PR application before their 5th year annivsary
Thank you and hoping to get reply from you
EEA1 & EEA2 Application sent on 26/07/2011
Received by Home Office 27/07/2011
EEA1 and COA Received in one pack 23/09/2011 (Dated 01/09/2011)
Resident Card 18/10/2011

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Refused non-EEA partner's PR due to no EFM RC

Post by noajthan » Fri Aug 12, 2016 11:43 pm

vndpag wrote:Hi Noajathan
Thanks for your reply please can you advice me what should I do ? Shall wait until decision has been made or withdraw application now and send later stage. I was on student visa before we were living together.
My employer (specially HR) is not cooperative at all I supposed to receive my COA according to the time line I have seen in this forum but my one getting delayed.
Please advice me what should I do in this case ? Is there anybody or any one has success getting their PR application before their 5th year annivsary
Thank you and hoping to get reply from you
When is the latest of 5th wedding anniversary and 5th year of residence in UK and 5th year of sponsor exercising treaty rights in UK?
Is that 12 July?

And when did you apply? (20 June?).

PR can only be confirmed before the fifth year of treaty rights in special circumstances (eg death or retirement of sponsor) which do not apply in your case.

However if those dates are correct and there's only a few weeks in it then, by the time you are processed, you will have been in UK and sponsored by a qualified person for the necessary duration.

(The other member's case is quite different from yours and cannot be used to intimate your outcome).

All may be well. I would sit tight, enjoy the Olympics, wait and see.
There's not much to be done even for your COA apart from trying to relax.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

vndpag
Member
Posts: 126
Joined: Mon Aug 22, 2011 6:31 pm
Location: London
Contact:

Re: Refused non-EEA partner's PR due to no EFM RC

Post by vndpag » Sat Aug 13, 2016 10:26 am

Hi noajthan,

Thank you for your reply yes my 5th year anniversary on 12th July 2016 and I did send application on 20/06/2016, exact 23 days before and my RC expires on 16th October 2016,

Before I get married we were living together and my wife exercise treaty right as worker but I was a student at that time.

Is there anyway that I can send later stage additional evidence from July 2016 to October 2016 to case worker once I get COA. I have done only Bio metric and still waiting for COA.

Looking at forum all depend on case worker decision

Thank you
EEA1 & EEA2 Application sent on 26/07/2011
Received by Home Office 27/07/2011
EEA1 and COA Received in one pack 23/09/2011 (Dated 01/09/2011)
Resident Card 18/10/2011

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Refused non-EEA partner's PR due to no EFM RC

Post by noajthan » Sat Aug 13, 2016 11:40 am

vndpag wrote:Hi noajthan,

...

Is there anyway that I can send later stage additional evidence from July 2016 to October 2016 to case worker once I get COA. I have done only Bio metric and still waiting for COA.

Looking at forum all depend on case worker decision

Thank you
Suggest sit tight and wait and see then.

You can try to add more documents.
There is no guarantee it will reach your file.

These are life-changing applications (especially with all wild talk around Brexit and one thing and another), people should take them very very seriously and aim to get it right first time.
... where men are risking all upon one throw, it is not wrong to do as certain poor and simple men are wont to say, who tell us we must mark seven times and cut once.
Benvenuto Cellini (3 November 1500 – 13 February 1571).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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