Hi all, I must say this forum is very informative and educational. Well done to the moderators and the contributors. I've got couple of questions that I would like anyone to please shed more light on.
1, Does a Certificate of Application with a case id really means an initial decision or findings have been made on the application? If not, why a case id when the applicant has a HO ref ?
2, Paragraph 257C of immigration rules applies to applicants applying under the Chen ruling and only covers leave to remain or enter for up to 5 years but NO paragraph under the immigration rules or the 2006 Regulation cover application for indefinite leave to remain by parents of EEA minors who have exercised treaty rights for 5 years or more.
Back ground- I am a Non EEA national who came to Uk 2001 with a student visa, my now wife came to the UK in 2005 with son who hold an Irish passport as a result of been born in Ireland 2003. Wife is also a non-EEA national, wife and son did not reside with me when they came because I was in another relationship with a british woman but that relationship broke down before I could qualify for indefinite leave to remain and appeals relating to that matter was subsequently dismissed.
Anyways let me not bore you, October 2008 I applied under paragragh 257c of the immigration rules on the basis of my Irish son and I was granted in October 2010 valid until October 2011( work and benefit not allowed) and in line with my wife's 5 year leave to remain(work and benefit also not allowed) and my son's Registration Certificate which was both issued October 2006 valid until October 2011 but my son's Registration Certificate has no expiring date.
Having completed 5 years of excercising treaty rights and residing in the UK my wife and my EEA son applied for a permanent residence December 2010,(they started excercising treaty rights from the date they entered the UK Novenber 2005) although I didn't live in the same house with my wife and son between November 2005 when they came to the UK from Dublin and September 2008 before they came living with me October 2008, I nevertheless included my request to also be considered for permanent residence in my wife's EEA4 application form which was postedwith my son's EEA3 application form in December 2010.
The application was accepted first time and me and my wife were issued with COA which we received Feb 9 2011 with both case ids and HO refs on the two COA stating we are permitted to accept offer of employment or continue in our employment. We did not receive any COA relating to my EEA son.
My question is: will they also grant me permanent residence/ ILR in line with my family even though we have not live together for the qualifying 5 year residence? Of course I have been living in the UK well over 5 yrs.
Under what paragragh of the immigration rules are they going to consider our application since the 2006 regulation does not cover myself and my wife except my EEA son?
Thanks for your time and patience in reading my long post
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