Immigrationboards.com

Hi All,
Would be very appreciate for your help.

I have sent an email to UK Immigration Agency ( Aug 4th) regarding Permanent Residency and still no reply. So I`m looking forward to get any respond from you guys.

My wife is resident of EEA and been settle in UK since June 2004 (under WRS). We got married in Oct 2007 and so my missis has got Residence card and I do hold EEA Family Permit (as non European nationality) as from Dec 2007.

My question was whether my wife entitle for PR. As I found Home Office UK Boarder document reference http://www.ukba.homeoffice.gov.uk/sitec ... ide_an.pdf


SECTION 2: RESIDENCE REQUIREMENTS
2.1 Enter the day you first arrived with a view to staying in the UK on a long-term basis, and the airport or seaport through which you then entered.


Other question was whether I am entitle for PR as well. As I reside in UK since Nov 2003. I arrived UK on student visa first then switched to EEA Family Permit visa in Dec 2007.

I made 4 phone calls to Home Office recently regading this issue and had differenet answers:
They made a clear answer that my missis can apply for PR as from now as she was under WRS from 2004 ( 5 yrs requirement).
But in my case HO workers said various answers: I`m entitled already to apply for PR ( 5 yrs passed as well), and other one said I had to pass 5 yrs on my EEA family visa.

Awaiting for your reply. Thx

I have received these from other topic place.
Thx



Obie
Sage

Joined: 21 Apr 2009
Posts: 824
Location: EU, Ireland
Posted: Wed Sep 02, 2009 11:42 pm Post subject:

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Your 5 years clock start ticking from the day you became a family member of an EEA national exercising a Treaty rights in the UK, and living with that partner in the UK.

As of now she qualifies, but i am not sure your qualify yet, if you both started living together since 2007. You would have to wait till about 2012.

Five year resident under EU law doesn't start when you came to the UK on a student visa, but when your became a family member of an EEA national exercising treaty rights in the UK and start living as a family unit with that individual in the country- in this case UK, that they are exercising treaty rights.
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maninuk
Newbie


Joined: 02 Sep 2009
Posts: 6

Posted: Thu Sep 03, 2009 11:50 am Post subject:

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Hi Obie,
but as I said HO people told me on the phone that I was entitle to apply PR now. It so confusing! That`s why I dont want send it and receive all my docs back due to Eligibility for PR.
Awaiting for any respond who actually gone throughb this.
Ta

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Obie
Sage


Joined: 21 Apr 2009
Posts: 824
Location: EU, Ireland
Posted: Thu Sep 03, 2009 12:04 pm Post subject:

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Whoever said you can apply don't know what they are talking about. I am going on the face of the information you have provided, obviously.

However, you can apply and see, but i am pretty sure your application will be returned. End of the day it is free.
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Weeping may endure for the night but joy comes in the morning. Success doesn't come without strife

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maninuk
Newbie


Joined: 02 Sep 2009
Posts: 6

Posted: Thu Sep 03, 2009 8:15 pm Post subject:

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Hello Obie,
I`ve made a final phone call today and HO staff said that I could apply PR now. I just need to prove that I was in UK for a period of 5 yrs...
confused

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Obie
Sage


Joined: 21 Apr 2009
Posts: 824
Location: EU, Ireland
Posted: Thu Sep 03, 2009 8:36 pm Post subject:

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Period in UK for 5 years under Directive 2004/38EC, not three under UK law(student) and 2 under EU law (Directive 2004/38EC), this is what i think they meant. However if you are granted, that will be great. Who knows, they might have changed things. Remember though that the people you speak to on the phone are mostly receptionist, with no idea on the planet about EU directive. They are not caseworkers that will be dealing with your application.

EEA4 Application Form Point 2 wrote:


To acquire the right to reside permanently in the UK, you
need to have resided here with your EEA or Swiss national
family member for a continuous period of 5 years in accordance
with the relevant EEA Regulations.

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Last edited by Obie on Thu Sep 03, 2009 8:49 pm; edited 1 time in total

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maninuk
Newbie


Joined: 02 Sep 2009
Posts: 6

Posted: Thu Sep 03, 2009 8:49 pm Post subject:

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Thats why Im still not sure and looking forward to get more answers from people inside the forum...
appreciate for your quick reply

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Mr Rusty
Sage


Joined: 09 Nov 2007
Posts: 524

Posted: Fri Sep 04, 2009 6:49 am Post subject:

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I think the legislation is quite clear - this from the EEA (Immigration) Regulations 2006:-

"15.—(1) The following persons shall acquire the right to reside in the United Kingdom permanently—
(a) an EEA national who has resided in the United Kingdom in accordance with these Regulations for a continuous period of five years;
(b) a family member of an EEA national who is not himself an EEA national but who has resided in the United Kingdom with the EEA national in accordance with these Regulations for a continuous period of five years;"

The bit highlighted is significant, because it limits the qualifying period to residence under the EEA regulations, so that any other stay under the UK Immigration Rules can not count towards the 5 years.

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maninuk
Newbie


Joined: 02 Sep 2009
Posts: 6

Posted: Fri Sep 04, 2009 1:07 pm Post subject:

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Hi there,
Anyone else could advise about it please. Especially people who have gone though this already.

Thanks for your cooperation guys.

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Obie
Sage


Joined: 21 Apr 2009
Posts: 824
Location: EU, Ireland
Posted: Fri Sep 04, 2009 2:12 pm Post subject:

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Perhaps, you should enter your query in this http://www.immigrationboards.com/viewtopic.php?t=31498 thread and see what you get.
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Hi there,
is anyone got any ideas at all please?

Ta

Hello forum people!
Could anyone give me a qualified reply please?
As I need to sort this out before moving to a new place.

Thanks in advance

maninuk wrote:Could anyone give me a qualified reply please?

You have aready got a qualified reply. From the law.

And try to just give us the links, instead of copy and pasting.

Hi Rozen,
What sort of link u require?


86ti,

I did not have any proper reply yet. As I said HO staff on the phone has told me that I was entitled for PR now. There were no restrictions regarding a visa status if I`ve lived in UK for a continuous period of five years. And I need to prove it.
Thats why I was expecting to get any more info if anyone done this sort of stuff or in the same situation.

Thanks a lot

Hello all,
Maninuk have u applied for PR as i am in same boat as u are.I came to UK in july 2004 on student visa and had it till march2007.Only difference is that we lived together nearly 2 yrs before we got married in september 2006.I am not sure if i am eligible to apply for PR now.HO replied to my email saying it depends on case worker but time lived together prior to marriage can be counted towards 5 years continuous period.I can prove all that as we have most of the bills and p60 etc on same adress.Can anybody please help me on this.Could you please let me know if u have applied for PR and what HO response was?Many Thanks

Hello bobbysatya4u,
to be honest I`ve found that my missis EU were entitle for PR now.
And I`m still awaiting to have a proper reply regarding my case as I had different opinions from people in forum and HO as well.
lets help each other then and keep in touch.
Ta ta

Thanks Maninuk.
yeah if ur wife has been excercising her treaty rights for continuous 5 yrs she is eligible for PR however she is not obliged to do it and can apply for naturalisation after 6yrs of living in UK.Thats what i was told by HO and it says on their website.The question is when shall i apply,I think i am gonna apply with her(PR) and see what HO says.I have tried to gather info but not much luck.Only thing is i will be travelling for our family holiday in december so i will just send a certified copy and my old passport(same for my wife).I'll keep in touch.Thanks

Hi bobbysatya4u,
Def I will keep u update... Good luck.

Ta Ta

[Hi bobbysatya4u,
Def I will keep u update... Good luck.[/quote]Ta Ta[/quote]

Hi Maninuk,
Hope you have got more updates now.I had to withdraw my application and just reapplied.Could you please lemme know wht happened to ur application.Many thanks