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Is a residence card considered as leave to remain?

Posted: Wed Apr 19, 2017 10:22 am
by kotori
Hi all,

I applied for a residence card 5 months ago as an unmarried partner of my EEA sponsor.
I am applying for an extension of my Tier 2 visa while I am waiting for the decision on the residence card.

Due to the change on the application form as of 6 Apr 2017, they ask me the following question:

"Do you currently have an application with the Home Office for leave to remain for which you have not yet received a decision?"

I am just wondering if my application for a residence card is considered as "an application for leave to remain". If so, the Home Office will apparently cancel my application for a residence card and will only consider the new
application which is for the visa extension. I don't have any other visa/EEA documentation applications at the moment.

I would appreciate any information or advice. Thank you

Re: Is a residence card considered as leave to remain?

Posted: Wed Apr 19, 2017 10:41 am
by vinny
No. An EEA residence card or permanent residence card application under the EEA regulations is not a leave to remain application under the Immigration Rules.

Re: Is a residence card considered as leave to remain?

Posted: Wed Apr 19, 2017 10:46 am
by vinny
Moreover, it's wise if you are also making an in-time Tier 2 (General) extension application, as this preserves your qualifying period for ILR under Tier 2 (General) too.

Re: Is a residence card considered as leave to remain?

Posted: Wed Jul 05, 2017 8:58 pm
by lunallena
Hi Kotori,

I am in the exact same situation as you... did you manage to extend your TIer2? was your EEA2 application affected in any way?