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please help five years requirement for PR

Posted: Tue Jul 02, 2013 1:10 am
by muniira
Hi guys, i really appreciate if someone can help me about my question.
I am non EEA national i live four years in UK now with my husband I came in UK 21-06-2009 with six months visit visa after that i applied residence card because my husband and my children were living here they refuse my residence card because I my husband were not married in UK law but after a lot of evidence that we were together more than 7 years and we had four children they give me residence card from 01-09-2010 to 01-09-2015 we were married according to our religion but they don't recognise but now we are married since last year November my question is when can i apply PR can i apply in 2014 or do have to wait till my visa expires in 2015

regards

Posted: Tue Jul 02, 2013 9:00 pm
by EUsmileWEallsmile
This sounds a little complicated. It would appear that for some reason, your marriage was not recognised, but you were recognised as being a durable partner. It is likely that your time starts at date of issue.

I would welcome others' opinions.

Posted: Wed Jul 03, 2013 10:25 pm
by muniira
Hi eusmileweallsmile, thanks your reply. I really thought i could apply in 2014 because this date i lived five years in UK do you think if i apply next year they will refuse my PR.

Thanks alot

Posted: Wed Jul 03, 2013 10:38 pm
by Directive/2004/38/EC
Did you get an EEA Family Permit (a kind of visa) before coming to the UK?

Posted: Thu Jul 04, 2013 10:01 pm
by muniira
Hi Guru thanks your reply.
I came with six month visit visa then we decided to apply residence card in UK


Thanks a lot

Posted: Thu Jul 04, 2013 10:05 pm
by Directive/2004/38/EC
muniira wrote:I came with six month visit visa then we decided to apply residence card in UK
What exactly was the type of visitor visa? Can you check your passport please.

Posted: Thu Jul 04, 2013 11:45 pm
by muniira
Hi Guru, type of visa is C i don't know what does it mean

after that there is also remarks c-visit i don't understand nothing may be you will.

thanks

Posted: Thu Jul 04, 2013 11:57 pm
by Obie
Was the marriage recognised in your home country. Was it following an appeal that the residence card was issued, or was it a subsequent application on the basis of durable relationship?

was the competent authority in the home country able to confirm the validity of your marriage?

Posted: Fri Jul 05, 2013 9:29 am
by muniira
Hi Obie, we were married in Holland;but not Hollands law we were married our religion after i came UK and applied residence card they refused because they said we don't recognize your marriage if the marriage not took place in your country after that my lawyer did appeal and the court was successful they give me residence card as durable relationship because we were married 7 years before came in UK and we had four children together.

thanks in advance

Posted: Fri Jul 05, 2013 10:21 pm
by EUsmileWEallsmile
What we are not sure of is whether your residence card appeal was successful on the basis of you being a durable partner (I think this is the case) or marriage (I don't think this is the case since you married later).

Can you clarify please?

Posted: Sat Jul 06, 2013 11:53 am
by muniira
Hi EUsmileWEallsmile

I am sure it was durable relationship when they give me residence card because my lawyer decided to make the application as durable relationship after they refused the residence card because the lawyer has asked us if we had a lot of evidence that we were all these years together and we had it. could you tell me what do you been (I don't think this is the case since you married later) does it mean i am not durable relationship after i married last year.

regards