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residence card
Posted: Fri Jun 17, 2011 7:09 am
by Mgbekpo
hi, l have apply for a residence card in november 2010, and it been reject in february 2011,and then l appeal,and got the determination last week from the jugde that l'm eligible to a permanent residence.Is that mean that the HO will give me the IRL or PR and how long can this take before they send me my passport? please help l need to know.thanks
Posted: Fri Jun 17, 2011 11:24 am
by rachellynn1972
If u are entitle to permanent residence that means your spouse is permanently incapacitated giving the eea a right to permanent residence after 2 to 3 yrs work befor incapacitated. And in respective of when you get married you are also entitle to permanent residence because is not the choice of your spouse to stop working but was incapacitated to work and can prove it her pension and NI are paid in full as long as your spouse choose to live in uk under habitual residence test. If that was your case the judge made the right decision under law that ukba always refused to see. If not then ur case may be special, let us know what the ukba give you when they sent it back and if they refuse to grant you a permanent residence you can contest it in court base on the judge decision or let it go...
Re: residence card
Posted: Fri Jun 17, 2011 3:04 pm
by Directive/2004/38/EC
Mgbekpo wrote:hi, l have apply for a residence card in november 2010, and it been reject in february 2011,and then l appeal,and got the determination last week from the jugde that l'm eligible to a permanent residence.Is that mean that the HO will give me the IRL or PR and how long can this take before they send me my passport?
Do you know why they gave you PR when you applied for a Residence Card? How long have you been living in the UK? How long has your Eu-family member been living in the UK?
Do you need the passport back urgently?
Re: residence card
Posted: Sun Jun 19, 2011 3:53 pm
by Mgbekpo
Directive/2004/38/EC wrote:Mgbekpo wrote:hi, l have apply for a residence card in november 2010, and it been reject in february 2011,and then l appeal,and got the determination last week from the jugde that l'm eligible to a permanent residence.Is that mean that the HO will give me the IRL or PR and how long can this take before they send me my passport?
Do you know why they gave you PR when you applied for a Residence Card? How long have you been living in the UK? How long has your Eu-family member been living in the UK?
Do you need the passport back urgently?
before l apply for residence card l was pregnant, and l gave birth in january, and l did a french passport to my son because my partner is french, maybe that's why they gave me a PR, my partner been living here for 6years and me almost 7years. yes l need my passport but not realy urgent, but l want to now how long it will take's
Posted: Sun Jun 19, 2011 5:29 pm
by Directive/2004/38/EC
What were the exact words UKBA used when the rejected the original Residence Card application?
And what exact words did the immigration judge use in granting you permanent residence instead of just a residence card?
Congratulations on the baby. It is a nice age and time of year together now.
Posted: Sun Jun 19, 2011 5:58 pm
by Mgbekpo
Directive/2004/38/EC wrote:What were the exact words UKBA used when the rejected the original Residence Card application?
And what exact words did the immigration judge use in granting you permanent residence instead of just a residence card?
Congratulations on the baby. It is a nice age and time of year together now.
they say we did not prove anough evidence that my partner and l been together for 2years.
And the jugde say:
"Since the respondent has considered this application a child has been born to the couple.This is congent evidence of the durability of the relationship , certainly from the nine month preeceding the birth.In considering the evidence that is before me, on a balance of probabilities, l find that the appellant has established that she is in a durable relationship and that she does qualify for permanent residence under regulation8(5) of the 2006 regulations.