Immigrationboards.com

Hi all,

I have been reading the forums and thank God there's people interested in helping others. What a great website.

The thing is, I'm still not sure what application I should make with the Home Office...

I've applied for Residence Permit in 2001 (expired Apr/2006), for me and my partner (non EEA). Applied then for a Permanent Residence just before Apr/2006, which was rejected (not enough proof of exercising treaty rights (was unemployed for a while). Applied then for another Residence Permit in 2006, which was granted, but this Residence Permit came without an expire date (line crossed on "Valid until" field).

My partner is not an EEA national and my child (2yo) is an EEA national.

I'm not sure which permit to apply for, as my partner needs a visa/permit to continue working/studying in the U.K. What should I do?

I appreciate any help/info.

What you obviously have is an 'old style' permit under previous EEA regulations. Nowadays, so-called (permanent) residence cards would be issued. A PR card could be issued to you if you can prove five years of continuous residence under the new EEA regulations. But have a look first into the transitional provisions to see if there is anything special about your case.

86ti wrote:What you obviously have is an 'old style' permit under previous EEA regulations. Nowadays, so-called (permanent) residence cards would be issued. A PR card could be issued to you if you can prove five years of continuous residence under the new EEA regulations. But have a look first into the transitional provisions to see if there is anything special about your case.

Hi 86ti,

Thanks for your reply.

For me, that's where it gets even more confusing now. I've been looking at the forums and to some of the legislation, but it's not clear if I would be able to apply for a PR card..

On the letter I've received with the last Residence Permit, it says I've "been issued with a Registration Certificate", and it was issued in August 2006, so it would be under the 2006 Regulations.

My main worry is the past 5 years/exercising treaty rights bit: I've worked for a couple of years, then I was on maternity leave for a year, and studying for the following 2 years (to present).

My partner has been employed with the same company since 2005, but as I understand, the HO wouldn't care (as he's not an EEA national).

vote4pedro wrote:On the letter I've received with the last Residence Permit, it says I've "been issued with a Registration Certificate", and it was issued in August 2006, so it would be under the 2006 Regulations.

My bad. You are right of course. You are obviously in the 'new' system.

vote4pedro wrote:My main worry is the past 5 years/exercising treaty rights bit: I've worked for a couple of years, then I was on maternity leave for a year, and studying for the following 2 years (to present).

Hm, I am not too sure about the 'maternity' leave because officially that can't last for that long, can it?

vote4pedro wrote:My partner has been employed with the same company since 2005, but as I understand, the HO wouldn't care (as he's not an EEA national).

That would be relevant if you had been self-sufficient (possibly the baby break) but then the UKBA may also ask for a comprehensive sickness insurance covering all of you for that period. Again, not sure how that would be handled because you had been working for a time before that. The key is not to become an "unreasonable" burden on the state and you would have to show that. Whether or if the "proportionality principle" could come into play here I do not know. Sorry, I am afraid I can't help you any further.

86ti wrote:

vote4pedro wrote:On the letter I've received with the last Residence Permit, it says I've "been issued with a Registration Certificate", and it was issued in August 2006, so it would be under the 2006 Regulations.

My bad. You are right of course. You are obviously in the 'new' system.

vote4pedro wrote:My main worry is the past 5 years/exercising treaty rights bit: I've worked for a couple of years, then I was on maternity leave for a year, and studying for the following 2 years (to present).

Hm, I am not too sure about the 'maternity' leave because officially that can't last for that long, can it?

vote4pedro wrote:My partner has been employed with the same company since 2005, but as I understand, the HO wouldn't care (as he's not an EEA national).

That would be relevant if you had been self-sufficient (possibly the baby break) but then the UKBA may also ask for a comprehensive sickness insurance covering all of you for that period. Again, not sure how that would be handled because you had been working for a time before that. The key is not to become an "unreasonable" burden on the state and you would have to show that. Whether or if the "proportionality principle" could come into play here I do not know. Sorry, I am afraid I can't help you any further.

Thanks again, 86ti

You are correct, the Maternity Leave was for about 9 months, I was on JSA (Income Based) for a couple of months only, after being fired from a job and going on M. Leave..

I'm sure we never had sickness insurance (?) so that could prevent me of applying for a PR.

Thank you for your help.