Hello, I want to apply for indefinite leave to remain..?

[Swadesh]

[Jambo]

This complicate things a bit. The card is "Residence Certificate" which is issued when you first arrive to the UK as a EEA national. It's seems that when your mother and you applied for EEA2 in 2009, your father applied using EEA1 (Residence Certificate) and not using EEA4 (Permanent Residence).
You will need to make a new application using form EEA4. I suggest you write a cover letter detailing your father history in the UK and provide proof to support it and explain that there was a mistake when you all applied in 2009.

[Swadesh]

This complicate things a bit. The card is "Residence Certificate" which is issued when you first arrive to the UK as a EEA national. It's seems that when your mother and you applied for EEA2 in 2009, your father applied using EEA1 (Residence Certificate) and not using EEA4 (Permanent Residence).
You will need to make a new application using form EEA4. I suggest you write a cover letter detailing your father history in the UK and provide proof to support it and explain that there was a mistake when you all applied in 2009.

No No, I checked my Dad's form which we filled in 2007 and it said EEA4 and not EEA1

[Jambo]

So either the HO made a mistake and issued the wrong document or they were not convinced that your father qualified for a PR but for a Residence Certificate and issued that instead. Any chance your father kept the letter from the HO that came with the blue card? (similar format to the one you received which you posted earlier).

[Swadesh]

So either the HO made a mistake and issued the wrong document or they were not convinced that your father qualified for a PR but for a Residence Certificate and issued that instead. Any chance your father kept the letter from the HO that came with the blue card? (similar format to the one you received which you posted earlier).

Yes, I have the letter that came with the blue card, I will scan it tomorrow morning and put it up here.

Regards
Thanks

[Swadesh]

Hello, doesn't "Registration Certificate" mean "permanent residence" for an EEA National.

Information from UKBA Site:



Link: http://www.ukba.homeoffice.gov.uk/eucit ... nationals/

My Father holds this card, means he has permanent residence and has been exercising European Treaty rights in the UK.

Correct me if I am wrong../

Regards
Thanks

[Jambo]

The card is the same card. It is what printed on the sticker that matters. What you got is not a PR.

From the website you quoted:

you can apply for a document certifying permanent residence

PR is another application and you get a new card with a sticker saying "Document Certifying Permanent Residence". This is also written in the two last paragraphs in page 6 of the blue card you scanned.

Your father might have a PR status but this card doesn't prove it.

[Swadesh]

The card is the same card. It is what printed on the sticker that matters. What you got is not a PR.

From the website you quoted:

you can apply for a document certifying permanent residence

PR is another application and you get a new card with a sticker saying "Document Certifying Permanent Residence". This is also written in the two last paragraphs in page 6 of the blue card you scanned.

Your father might have a PR status but this card doesn't prove it.

Jambo, this is the only card he has ... so what does this card state? and it doesn't have any expiry date.

Though, I will check his passport if it has that sticker, like my passport does.

Regards
Thanks

[Jambo]

Sticker are not placed in EEA passport. Cards are issued instead. Scan the letter he got tomorrow and will see how to go from there but it is very likely you all will need to make a new application for PR (especially if you need some proof for SFE).

[Swadesh]

Here is the letter that came with this :




Thanks
Regards

[Jambo]

This is just a standard letter. Doesn't explain why this was issued if your father applied using EEA3 and not EEA1 form.

So you are back to square 1.
Your father has been working in the UK 1994-2003 and would have gained PR status already.
You have been living in the UK for more than 5 years so you have also gained PR status automatically.
The current Residence Card/Residence Certificate you hold doesn't reflect your real status and was probably issued by mistake (made by either the HO or you).
The best way forward would be to apply for a PR confirmation for all of you using form EEA3 (for your father) and EEA4 (for the rest of the family). As your case is not a typical one, I suggest your father attach a cover letter explaining his work history in the UK and your family residence history in the UK.
Have your father got proof of his employment? payslip or letter from employers?

[Swadesh]

This is just a standard letter. Doesn't explain why this was issued if your father applied using EEA3 and not EEA1 form.

So you are back to square 1.
Your father has been working in the UK 1994-2003 and would have gained PR status already.
You have been living in the UK for more than 5 years so you have also gained PR status automatically.
The current Residence Card/Residence Certificate you hold doesn't reflect your real status and was probably issued by mistake (made by either the HO or you).
The best way forward would be to apply for a PR confirmation for all of you using form EEA3 (for your father) and EEA4 (for the rest of the family). As your case is not a typical one, I suggest your father attach a cover letter explaining his work history in the UK and your family residence history in the UK.
Have your father got proof of his employment? payslip or letter from employers?

Yes he has payslips from 1995 until 2003.
---
Question is Jambo: My father doesn't have permanent residence and when I looked at EEA4 for me, it said in Section Six: How has your dad exercised treaty rights in last 5 years.

Now which one of these option do I select :



Or is it best for me wait for another 8 months and apply for "10 year lawful residence".

Regards
Thanks

[Jambo]

I might not be 100% accurate here so comments from other members are more than welcome...

Although it says the "past 5 year". It doesn't need to be the last 5 years. Any 5 years in the past would be fine. So tick "worker" and provide details of your father employment before he stopped working.
The latest regulations for EEA national were introduced in 2006. However, there was a court ruling (Lassal case) that same rules apply for the years before.

[Swadesh]

I might not be 100% accurate here so comments from other members are more than welcome...

Although it says the "past 5 year". It doesn't need to be the last 5 years. Any 5 years in the past would be fine. So tick "worker" and provide details of your father employment before he stopped working.
The latest regulations for EEA national were introduced in 2006. However, there was a court ruling (Lassal case) that same rules apply for the years before.

and what about the 10 year lawful residence. As I am in UK since June 2002 and its nearly 9 years and 3 months. So by coming June, I would be in this country for 10 whole years lawfully.

[Jambo]

and what about the 10 year lawful residence. As I am in UK since June 2002 and its nearly 9 years and 3 months. So by coming June, I would be in this country for 10 whole years lawfully.

Why to go for an expensive application when EEA route is free?

[nonspecifics]

The form does not say the last five years.

It just says five continuous years:

"continuously exercised a Treaty Right in the UK for 5 years"

I've never seen any particular five year period required in case law or guidance brochures.

I've always understood it is this:

ANY continuous five year period exercising Treaty Rights.


And you can have exercised Treaty Rights under different categories during those five years, as long as EEA national was still exercising Treaty Rights and it was continuous.

[Swadesh]

I am bit too cautious, as to what if they reject our application because my dad hasn't been working since 8 years.

Hope, someone else can put light on the "last five years" if they can be any 5 years of employment for my dad."

Regards
Thanks

[nonspecifics]

If PR was acquired during those five years, it does not matter what your Da did after that.

Once he acquired PR - even if he does not have the document to confirm it yet- he no longer had to be exercisng Treaty Rights afterwards.

As long as he remained in the UK to be your sponsor, doesn't matter if he was sick, slept for 8 years or was an olympic athlete.

It's the five continuous years exercising Treaty Rights that counts. After that it's Residence in the UK doing ANYTHING ( except serious crime) that counts.

You don't need to take my word for it, read the quote from UKBA on my other post here:

[nonspecifics]

"....if said EEA national sponsor has not acquired a document certifying that they have Permanent Residence, then they will need to provide evidence to demonstrate they have completed the required 5 years residence exercising treaty rights in the UK, which in turn confirms their attainment of Permanent Residence."


"The Immigration (EEA) Regulations 2006 are clear that someone is entitled to a residence card if they are the family member of an EEA national who has the right of Permanent Residence in the UK."


( In other words the sponsor is no longer required to prove exercising Treaty Rights if they have PR).

[Swadesh]

Hi Guys

The story after 2011 was that I got my student finance and I am still receiving it, as I am still studying on the basis I am home student. I tried to get a case worker in 2011 to apply, however I got quotes of £1500 for two applications which I though are really pricey, and I got tired of going to many solicitors and each of them gave me different answers, some stating that I would have to apply for visa on Human Rights Grounds, so I did not apply after that and concentrated on University education.

However, now my visa is coming to end in 4 months and I still hold the same passport and same status as then.

So my question is: the laws that applied in 2011, do they still apply now?

I am looking at the EEA4 form and my father (EEA National) hasn't been working since 2003 as he had diabetes and couldn't work after that.

Could I tick 'Temporarily incapacitated' for:
Section 7 – Details Of The Exercise Of Treaty Rights For 5 Years of the form

Although he has worked 5 years before 2003.

So should I tick the 'Temporarily incapacitated' or shall I tick the 'Employment' tick box and provide 5 years of work before 2003? Which option would be better?

Thanks in advance
Vrutin

[Swadesh]

Hi,

I just looked at the document we submitted in 2007 and I found my dad's payslips and some P60's.

My dad worked from (far as the papers go):
From and including: Sunday, September 6, 1998
To and including: Tuesday, January 21, 2003

Which is around: 4 years, 4 months

However, he did work from 1995 to Sunday, September 6, 1998. However, the employer never gave Payslips or P60's for that period.

So now what can I do?
Could I give the 4 years 4 months as Employment and then self-sufficient after 2003?
Or do I apply for 10 year long residence route? I have been here in the UK for more than 11 years legally.

Regards,
Vrutin