Advice on application under employment, EEA or Zambrano?
Posted: Wed Aug 24, 2011 3:14 pm
Hi all, Please advice me for the best option in my situation for residency application. Weather i should apply under employment category, EEA2, EEA4 or even under Chan or Zambrano?
In 2005, I came Northern Ireland on UK work visa. In 2009, I reapplied for extension of my visa (unaware that, new tier system is also applicable on people who are already in UK). After four months, my application was returned and they refunded my fee with advice of Appling under tier 2 category.
At this point, my new employer started process of sponsorship license and my adviser submitted another application for my stay without employer’s certificate (I am unsure which category he applied in) but my application was refused after 5 months and subsequently i left the UK.
On the same day I left UK, My employed received his sponsorship license. And I returned to UK in less then 10 weeks with Tier 2 visa. In 2011, I had my first baby who is Irish citizen now.
Even though my visa expired on jan 2009, I was legally staying and working in UK for those 9 months (because my passport was in home office) and I was out of country only for 10 weeks, now many advisers believe that, I have had a break in my 5 years continues residence for settlement.
First question: Do I still have chance of getting PR on base of my employment?
Second question: am i eligible for EEA 2 or EEA 4 category as I am a father of Irish citizen baby?
Third question: if I apply under Zambrano case and if it’s going to take months, do i have to stay with my existing job and tier2 visa during this time?
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In 2005, I came Northern Ireland on UK work visa. In 2009, I reapplied for extension of my visa (unaware that, new tier system is also applicable on people who are already in UK). After four months, my application was returned and they refunded my fee with advice of Appling under tier 2 category.
At this point, my new employer started process of sponsorship license and my adviser submitted another application for my stay without employer’s certificate (I am unsure which category he applied in) but my application was refused after 5 months and subsequently i left the UK.
On the same day I left UK, My employed received his sponsorship license. And I returned to UK in less then 10 weeks with Tier 2 visa. In 2011, I had my first baby who is Irish citizen now.
Even though my visa expired on jan 2009, I was legally staying and working in UK for those 9 months (because my passport was in home office) and I was out of country only for 10 weeks, now many advisers believe that, I have had a break in my 5 years continues residence for settlement.
First question: Do I still have chance of getting PR on base of my employment?
Second question: am i eligible for EEA 2 or EEA 4 category as I am a father of Irish citizen baby?
Third question: if I apply under Zambrano case and if it’s going to take months, do i have to stay with my existing job and tier2 visa during this time?
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