Can a UK and EEA Home Office Application exist side by side?

[morleyaxis]

Hi I was wondering if you could clarify something.

I have a friend who has an outstanding Human Rights application for the past 8 years. She was unlucky not to get ILR under the legacy policy but her solicitors have been fighting for her limited leave to remain exceptionally or under paragraph 353B of the rules. After pushing this a bit she was recently invited to have her biometrics recorded, and so there was a hope of a BRP grant.

In the meantime she discovered she had a potential EEA application based on her former marriage to an EEA national although this application was not certain and could be problematic in relation to evidence. In any case an application was submitted since there was no certainty of a BRP in the UK law side or how long it might take until issue.

She is now concerned that the submitting of a second EEA(PR) application may have NULLIFIED the first UK application for which she still has hopes. Can anyone tell me if this is the case or can an EEA and UK Home Office application exist side by side.

Many thanks.

[sheraz7]

No. It shouldn't. But you may request to divert your application towards EU route for your which you think to be eligible for. But you should keep in mind that from UK immigration law switching into EU route is possible but switching back from EU route into UK immigration law is almost impossible from within the UK in case if EU route doesn't work. In conclusion, if you are not fully sure that whether the EU route will work for you then better to stay on existing route.

[morleyaxis]

Hi Sheraz,
Really appreciate your reply. My friend already submitted her EEA application so she is wondering whether this means they will stop considering her UK application any further? Obviously she would prefer them to both be considered (one is only for limited leave and the other is for permanent residence.)

I realise that ordinarily you should not have two applications running concurrently. However because one is a UK law application and the other is an EEA law application she was advised this could be possible because UK and EEA are two different systems of law. Also the EEA application is to request recognition for a right that already exists rather than a decision based on the rules as under UK law.

She has since spoken to a Home Office reception adviser who said she might get a letter from the HO asking her to choose which application to stick with and withdraw the other. Not sure whether this was correct. It may be if both applications were under UK law, but what if an EEA and UK application? I know somebody personally who a couple years ago received two BRPs, one as an EEA residence card and the other as a refugee, suggesting that they make separate decisions on UK and EEA law.

Can you or anyone else shed any light on this. Many thanks for your time.

[sheraz7]

I think your recent post contain the correct answer. Since you already knew that the right derived from EU route only requires its confirmation which is optional. And it is not new when caseworker didn't make mistake by issuing two BRPs with one set of biometrics and be remembered that RC never ever before be issued on BRP. I will stick to the point that two cases cannot exist simultaneously unless the first one has already been decided. On the other hand two visas/leave extracted either from UK/EU route can co-exist until its expiry.

[morleyaxis]

Ok Sheraz, many thanks for your time and insight. We will have to wait and see how things develop.

[morleyaxis]

Just heard from my friend her Solicitors told her they had received her BRP today . So all's well that ends well..!

[sheraz7]

. that two cases cannot exist simultaneously unless the first one has already been decided.

[morleyaxis]

Yes you're right. They must have already decided the UK law case (decided by the Older Live Cases Unit). Now she can go for Permanent Residency under EEA law.