Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.
Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha
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raheel.khan
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by raheel.khan » Fri Mar 17, 2017 5:21 pm
hello,
i want to apply for permanent residence i spend 5 years with my wife and because she is a student for
one year thats why they refuse her application and did not give her a permanent residency so my question is that because my visa is going to be expired in this July so can i reapply for residence card because she is on work since 2015 and she is now exercising treaty rights in UK.
thanks
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secret.simon
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by secret.simon » Fri Mar 17, 2017 5:23 pm
If your wife is an EEA citizen and exercising treaty rights at the time of application, then yes, you can reapply for an EEA Residence Permit.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.
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Obie
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by Obie » Fri Mar 17, 2017 5:25 pm
raheel.khan wrote:hello,
i want to apply for permanent residence i spend 5 years with my wife and because she is a student for
one year thats why they refuse her application and did not give her a permanent residency so my question is that because my visa is going to be expired in this July so can i reapply for residence card because she is on work since 2015 and she is now exercising treaty rights in UK.
thanks
Was she working before she became a student?
Which year was she a student?
Smooth seas do not make skilful sailors
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raheel.khan
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by raheel.khan » Fri Mar 17, 2017 5:31 pm
Obie wrote:raheel.khan wrote:hello,
i want to apply for permanent residence i spend 5 years with my wife and because she is a student for
one year thats why they refuse her application and did not give her a permanent residency so my question is that because my visa is going to be expired in this July so can i reapply for residence card because she is on work since 2015 and she is now exercising treaty rights in UK.
thanks
Was she working before she became a student?
Which year was she a student?
she is student in august 2013 to September 2014 and before that she is working as well.and from 2015 she is on work again but when she is a student she don't have comprehensive sickness insurance thats why home office refuse her permanent residency application but they say because she have a qualified person card so she can live in UK and do not need to leave because she is a eea national
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secret.simon
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by secret.simon » Fri Mar 17, 2017 5:34 pm
Were the studies related to her work? Was she required to do the studies to continue her work, for example?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.
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Obie
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by Obie » Fri Mar 17, 2017 5:38 pm
Did she have European health insurance card from her home country?
Smooth seas do not make skilful sailors
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raheel.khan
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by raheel.khan » Fri Mar 17, 2017 5:46 pm
Obie wrote:Did she have European health insurance card from her home country?
yes she got a European card from her country but when i checked online a lot of places they say if you live temporary than you can use it but you can not use for permanant residency her card name is
Tessera sanitaria
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raheel.khan
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by raheel.khan » Fri Mar 17, 2017 5:49 pm
secret.simon wrote:Were the studies related to her work? Was she required to do the studies to continue her work, for example?
she did a one year diploma of hair cutting but she work in retail.
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Obie
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by Obie » Fri Mar 17, 2017 9:17 pm
The decision may be unlawful, you may try to challenge it.
Smooth seas do not make skilful sailors