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EEA Family member with PR, EEA got British citizenship
Posted: Sat Nov 03, 2018 11:37 am
by love4everyone
Hi All,
I am an unmarried partner of an EEA national and hold Permanent Residence Card. We both applied British Citizenship together recently and I got refusal on the basis of “Good character” requirement.
Long history with UKBA but at the end we went court and I got my family residence card and then PR after 5 years. Now my EEA partner has British citizenship and I am still under EEA law with my Permanent Residence card.
As you guys are aware PR won’t be valid after December 2020, and as per home office I cannot apply BC before 2025.
My question is what are my options now? My partner has dual nationality French/British, Is my PR affected by any mean because she is British now?
Can I apply for ILR? Or if I wait till December 2020 will I be able to apply settle status?
Much Appreciated
Re: EEA Family member with PR, EEA got British citizenship
Posted: Sat Nov 03, 2018 11:40 am
by CR001
What is your full UK Immigration history, including all relevant dates of application, expiry etc??
Re: EEA Family member with PR, EEA got British citizenship
Posted: Sat Nov 03, 2018 12:49 pm
by love4everyone
I came into UK in sep 2011 on student visa, met my partner, started living together with her from Oct 2012. In 2013 UKBA detained me for working illegally. Even though I was in relationship with my EEA national they refused to recognise my relationship as genuine. I had to go to court after 2.5 years in 2015 to proof my relationship is genuine. Judge was satisfied with my relation so he overruled UKBA decision hence I Got my EEA family permit. Applied my PR in 2017 as I had done 5 years together with my partner. Got it in January 2018 with the date for BC in Oct.
Now home office said that I was working illegally that’s why they refuse my BC. I don’t understand this part TBH, I went to court and judge overruled their decision then how come I still have this immigration issue?
So according to Home office I have to wait 10 years, however if I broke immigration law in 2013 then I should be allowed to get BC in 2023. But home office said I can apply in 2025 (ten years from my got my EEA family permit).
Please let me know my options now.
Thanks
Re: EEA Family member with PR, EEA got British citizenship
Posted: Sat Nov 03, 2018 1:11 pm
by Marco_cristian
love4everyone wrote: ↑Sat Nov 03, 2018 12:49 pm
I came into UK in sep 2011 on student visa, met my partner, started living together with her from Oct 2012. In 2013 UKBA detained me for working illegally. Even though I was in relationship with my EEA national they refused to recognise my relationship as genuine. I had to go to court after 2.5 years in 2015 to proof my relationship is genuine. Judge was satisfied with my relation so he overruled UKBA decision hence I Got my EEA family permit. Applied my PR in 2017 as I had done 5 years together with my partner. Got it in January 2018 with the date for BC in Oct.
Now home office said that I was working illegally that’s why they refuse my BC. I don’t understand this part TBH, I went to court and judge overruled their decision then how come I still have this immigration issue?
So according to Home office I have to wait 10 years, however if I broke immigration law in 2013 then I should be allowed to get BC in 2023. But home office said I can apply in 2025 (ten years from my got my EEA family permit).
Please let me know my options now.
Thanks
Unmarried partners do not have automatic rights so if you were detained for working illegally you did not have a document that permitted you to work.
Until you apply for a document confirming your relationship the EU national partner you probably had no rights to work I guess.
Re: EEA Family member with PR, EEA got British citizenship
Posted: Sat Nov 03, 2018 2:31 pm
by love4everyone
I understand that but is that still a problem even when the Judge overruled it?
Furthermore why do I have to wait until 2025? Why not 2023?
Also what options do I have now?
Thanks
Re: EEA Family member with PR, EEA got British citizenship
Posted: Sat Nov 03, 2018 2:45 pm
by Marco_cristian
love4everyone wrote: ↑Sat Nov 03, 2018 2:31 pm
I understand that but is that still a problem even when the Judge overruled it?
Furthermore why do I have to wait until 2025? Why not 2023?
Also what options do I have now?
Thanks
You should know your case details better but however from what I have gathered based on the information you have shared.
The HO probably did not believe you were in a durable relationship (The judge probably accepted you were in a relationship) Judge gave a ruling that was followed by the HO and they issued you a document in 2015 and not a backdated document, right?
So from the point your stay in the UK was regularized you ought to wait 10 years hence the 2025 date, this is my understanding based on what you have shared & I stand to be corrected by senior members and moderators.
You clearly broke a UK Immigration rule, not an EU Regulation so I'm afraid you might have to wait.
About options, maybe you should contact an immigration lawyer but chances are they might give you a false hope just to get your money.
Re: EEA Family member with PR, EEA got British citizenship
Posted: Sat Nov 03, 2018 3:18 pm
by love4everyone
Marco_cristian wrote: ↑Sat Nov 03, 2018 2:45 pm
love4everyone wrote: ↑Sat Nov 03, 2018 2:31 pm
I understand that but is that still a problem even when the Judge overruled it?
Furthermore why do I have to wait until 2025? Why not 2023?
Also what options do I have now?
Thanks
You should know your case details better but however from what I have gathered based on the information you have shared.
The HO probably did not believe you were in a durable relationship (The judge probably accepted you were in a relationship) Judge gave a ruling that was followed by the HO and they issued you a document in 2015 and not a backdated document, right?
So from the point your stay in the UK was regularized you ought to wait 10 years hence the 2025 date, this is my understanding based on what you have shared & I stand to be corrected by senior members and moderators.
You clearly broke a UK Immigration rule, not an EU Regulation so I'm afraid you might have to wait.
About options, maybe you should contact an immigration lawyer but chances are they might give you a false hope just to get your money.
Thank you prompt reply.
Ok in term of BC it’s fine I will have to wait until 2025.
I am still in relationship with my partner. She has dual nationality now both French and British. I have PR. My question is will I still be able to apply for settle status? Or do I have to apply other visa as my partner is British now.
Thanks
Re: EEA Family member with PR, EEA got British citizenship
Posted: Sat Nov 03, 2018 4:57 pm
by Marco_cristian
Marco_cristian wrote: ↑Sat Nov 03, 2018 2:45 pm
love4everyone wrote: ↑Sat Nov 03, 2018 2:31 pm
I understand that but is that still a problem even when the Judge overruled it?
Furthermore why do I have to wait until 2025? Why not 2023?
Also what options do I have now?
Thanks
You should know your case details better but however from what I have gathered based on the information you have shared.
The HO probably did not believe you were in a durable relationship (The judge probably accepted you were in a relationship) Judge gave a ruling that was followed by the HO and they issued you a document in 2015 and not a backdated document, right?
So from the point your stay in the UK was regularized you ought to wait 10 years hence the 2025 date, this is my understanding based on what you have shared & I stand to be corrected by senior members and moderators.
You clearly broke a UK Immigration rule, not an EU Regulation so I'm afraid you might have to wait.
About options, maybe you should contact an immigration lawyer but chances are they might give you a false hope just to get your money.
According to the document you claim to have now you are still regarded as a partner of an EEA Citizen and I believe you can apply for
Settled Status when it commences
Re: EEA Family member with PR, EEA got British citizenship
Posted: Tue Feb 19, 2019 8:11 pm
by Tiktok
Hi guys just quick question u said u got ur family residence in 2015 and how did u get ur permanent residence before 5 years pls coz I'm unmarried partner might do the same