Two application routes at the same time? Please help!
Posted: Wed Jun 15, 2011 12:32 pm
Basically, I've applied for a right of retention but my application is currently being 'reconsidered' by the Home Office, and I'm considering trying to apply through another route on the basis of my current relationship....
I married an EEA national in 2003, but we separated 3 years later when I realised I was gay and I have been in a relationship with a female partner since 2007 (a British citizen). My ex husband and I didn’t get round to getting divorced for a while but as soon as I got the Decree Absolute in June 2010 I applied for retention of rights (we met all the criteria with living together, exercising treaty rights etc).
However, I received a refusal letter claiming that they did not have my ex-husband’s passport and P60s, plus they did not have proof that I had been exercising treaty rights since the divorce. In fact they did have his passort/P60s (as recently proved when he requested his passport back to travel). I phoned them immediately and was advised to write a letter requesting that the case is reconsidered explaining they already had my ex-husband's documents, and I also sent my own payslips from the time of the divorce (although a couple were reprints). That was in March this year and when I’ve phoned to enquire they’ve just said they don’t say how long it will take to reconsider a case (Has anyone else had their case reconsidered and if so, how long did it take?)
I’m getting a bit worried as my visa expires early next year, plus my partner and I want to buy a house soon and I just want this all to be sorted asap. I'm concerned they'll refuse it for some silly reason (as I've heard they tend to do!) and I’m considering trying to apply on the basis of my relationship to my partner instead of continually waiting and hoping for the right of residence. I understand that the certificate of approval was recently abolished so I think we could enter into a civil partnership and then I could apply for naturalisation - but could anyone confirm that? So my questions are:
- Can I apply through two different routes at the same time, i.e. EEA route (leave the right to residence application open) and also through being a family member of a British citizen? E.g. my passport is currently with the Home Office but I assume it would also be needed to register for a civil partnership and for the naturalisation application. If I can't apply through two routes at once, can I just swtich?
- Also can anyone confirm that I can apply for naturalisation if my partner and I have a civil partnership? I've been in the UK for 8 years and have been working all that time, and am in a settled relationship so should be ok..?
I would be very grateful for any help or advice anyone can give me.
Thank you very much
I married an EEA national in 2003, but we separated 3 years later when I realised I was gay and I have been in a relationship with a female partner since 2007 (a British citizen). My ex husband and I didn’t get round to getting divorced for a while but as soon as I got the Decree Absolute in June 2010 I applied for retention of rights (we met all the criteria with living together, exercising treaty rights etc).
However, I received a refusal letter claiming that they did not have my ex-husband’s passport and P60s, plus they did not have proof that I had been exercising treaty rights since the divorce. In fact they did have his passort/P60s (as recently proved when he requested his passport back to travel). I phoned them immediately and was advised to write a letter requesting that the case is reconsidered explaining they already had my ex-husband's documents, and I also sent my own payslips from the time of the divorce (although a couple were reprints). That was in March this year and when I’ve phoned to enquire they’ve just said they don’t say how long it will take to reconsider a case (Has anyone else had their case reconsidered and if so, how long did it take?)
I’m getting a bit worried as my visa expires early next year, plus my partner and I want to buy a house soon and I just want this all to be sorted asap. I'm concerned they'll refuse it for some silly reason (as I've heard they tend to do!) and I’m considering trying to apply on the basis of my relationship to my partner instead of continually waiting and hoping for the right of residence. I understand that the certificate of approval was recently abolished so I think we could enter into a civil partnership and then I could apply for naturalisation - but could anyone confirm that? So my questions are:
- Can I apply through two different routes at the same time, i.e. EEA route (leave the right to residence application open) and also through being a family member of a British citizen? E.g. my passport is currently with the Home Office but I assume it would also be needed to register for a civil partnership and for the naturalisation application. If I can't apply through two routes at once, can I just swtich?
- Also can anyone confirm that I can apply for naturalisation if my partner and I have a civil partnership? I've been in the UK for 8 years and have been working all that time, and am in a settled relationship so should be ok..?
I would be very grateful for any help or advice anyone can give me.
Thank you very much