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Residence card expired

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Theones99
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Posts: 1
Joined: Fri May 22, 2020 5:17 pm
Mali

Residence card expired

Post by Theones99 » Fri May 22, 2020 7:49 pm

Hi if you're reading this pls feel free to give your advice

I had a residence card of a family member of an eea national since 2011 and it expired on October 2016. I was married to a french citizen but I'm not European I'm African
I wasn't able to apply for a PR because me and my partner got separated and I didn't have any proof of her payslips bank statement. Only have her old ID and our certificate marriage and also me working during all the 5 years . Which means if I'm not not wrong I've been overstaying since .

Then in 2016 same year I met my actual partner shes English and we actually have a child who's two years now and English . We all live together but not married

So my question is shall I applied for a Permanent resident even it's expired and I don't have any proof of my old partner

Or shall I just start all again and apply for parent of a British child

Thank you for your help

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Zerubbabel
Respected Guru
Posts: 2517
Joined: Fri Jul 06, 2018 7:13 am
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Re: Residence card expired

Post by Zerubbabel » Sun May 24, 2020 6:48 pm

Hello,

At the moment, you are illegal in the UK. It means you are not able to apply for permanent residence. Your lawful stay broke at one point between 2011 and 2016. It seems you didn't stay long enough with your French was to retain a residence right. But anyhow, this is not relevant today as your EEA residence expired 4 years ago and you weren't able to get a PR.

I think to qualify as a parent of a British child, you need to show that you have sole custody.

Does your British partner work?

New on forum
Member of Standing
Posts: 324
Joined: Fri Mar 31, 2017 3:13 pm
Pakistan

Re: Residence card expired

Post by New on forum » Sun May 24, 2020 6:53 pm

Zerubbabel wrote:
Sun May 24, 2020 6:48 pm
Hello,

At the moment, you are illegal in the UK. It means you are not able to apply for permanent residence. Your lawful stay broke at one point between 2011 and 2016. It seems you didn't stay long enough with your French was to retain a residence right. But anyhow, this is not relevant today as your EEA residence expired 4 years ago and you weren't able to get a PR.

I think to qualify as a parent of a British child, you need to show that you have sole custody.

Does your British partner work?
I don't think he need to have sole custody for flr fp as parent of British child to succeed.
Access/ an active role in child's life is sufficient.

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Zerubbabel
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Joined: Fri Jul 06, 2018 7:13 am
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Re: Residence card expired

Post by Zerubbabel » Sun May 24, 2020 7:17 pm

We all live together but not married
This is why the sole custody question is important here.

If you have shared responsibility, the parent of the child must not be your partner.

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Otherwise, couples can go around the financial requirements by having a child and the other parent applying under the child rather than as a partner.

Fbiboy2002
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Posts: 204
Joined: Tue Mar 19, 2019 8:12 pm
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Re: Residence card expired

Post by Fbiboy2002 » Sun May 24, 2020 11:05 pm

Are you only separated from your EEA wife ?
You are not divorced yet ?
Does your EEA wife still lives in UK ?

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