18 years old with permanent residence to expire June

Post by **Jambo** » Mon Jun 25, 2012 9:40 pm

I'm not sure SAR will provide any useful information. It will only include the mother data / application form and not evidence which was submitted with the application but relates to the stepfather.

If you apply without evidence of your stepfather, make sure to explain it clearly in a cover letter. Otherwise, you will not pass the "validation" check and the application will be returned to you asking for documents.

Post by **Directive/2004/38/EC** » Mon Jun 25, 2012 9:49 pm

Jambo wrote:I'm not sure SAR will provide any useful information. It will only include the mother data / application form and not evidence which was submitted with the application but relates to the stepfather.

I have only seen one SAR. I am trying to remember. But I do not see why the evidence provided would not be included in the file. That being said, the key application details that we were using the SAR to access had apparently been lost by the home office and so was not included.

blabla · Post by **blabla** » Mon Jun 25, 2012 10:21 pm

Thanks guys, I have to clarify I do not have PR I only hold a residence document an RC for 5 years that is going to expire verryyy soon. So what im going to apply is for confirmation of that rights , my permanent residence card, which it should be something i got automatically as i can understand. my worries are that they are going to ask for my eeu PR which i do not have or probe that he is being working here for tha last 5 years as i understand which i dont have either. So I will take a risk even thoght theyre going to ask me for that, so the worse case scenario is what ?? and then in what circumstances I am going to apply to have the rights and retain something i supposed to have automatically.

Post by **Jambo** » Mon Jun 25, 2012 10:48 pm

blabla wrote:I have to clarify I do not have PR

As you said, you have a PR. You don't have a PR Confirmation.

Attach a cover letter to the application explaining that you don't have the EEA national PR card but they should have it all under his/your mother files. if you have a HO reference number for her/your stepfather - mention it in the letter.

Worst case, they will not confirm your PR and ask for more documents and then you can review what to do.

blabla · Post by **blabla** » Mon Jun 25, 2012 11:08 pm

OK, so i can understand now, I have got PR(which i understand it is the sticker in my passport that say residence document and is being from 2007-2012) but not the confirmation. Im just into this all thing. And yes, I have got they're HO reference numbers ( but not sure if his got confirmation of his PR) but I have got the number of his residence document in one of those letters which is his PR?? im right now?? So that's mean his got PR also for quiet long time......... my mum has her confirmation which is permanent residence card after her PR....so it should not be a problem. Well im learning bit a bit. Thanks guys.

Post by **Jambo** » Mon Jun 25, 2012 11:23 pm

You need to separate two things - your status and a document from HO to prove it.

You can have PR but not have a confirmation from the HO. It's like being British but not having a passport. In this example, you are still British even if you don't hold a passport.

In your case, you have PR status (because it is obtained automatically after 5 years). You just don't have a confirmation from the HO.

The HO reference number normally never change so if you got a reference number (even an old one), that would make it easier for the HO to locate the file.

blabla · Post by **blabla** » Mon Jun 25, 2012 11:51 pm

Ok, that is clear for me now. i feel more secure . So I will choose the option where they ask if my EEA has PR, and I write in a letter the HO reference and permit number, also my mum's HO reference. I am getting nervous although I understand a lot more now. The only doubt now are about how to probe he has not been out of UK for the last 2 years, they may can see that in his file ??. Thanks guys.

Post by **Jambo** » Tue Jun 26, 2012 12:05 am

You don't need to prove the two years. I was just trying (wrongly) to complicate things. As Directive pointed out, you don't really need to provide any new evidence of your stepfather.

If your mother got PR Confirmation in 2010 and you have been living in the UK for 5 years then, then you also have PR status. The fact that you did not apply for confirmation in 2010 doesn't change the fact that you already have a PR status (as this is obtained automatically).

So your timeline would be:

2004 - move the the UK.
2009 - PR status obtained automatically after 5 years.
2010 - Your mother confirms her PR.
2012 - You confirm your PR.

To summarise, provide evidence of your residence. Best would be from 2005 till now (letters from school are just fine). Tick the box in the application form that your stepfather has PR and explain in a cover letter that you don't have the card and provide the HO reference numbers.

blabla · Post by **blabla** » Tue Jun 26, 2012 12:43 am

Well, I have got the 2007-2012 5 years because before that I have only entry clearances as family member of EEA I do not know if that is valid to count as jambo explain. Thanks guys for your time I really appreciate it. I think I have got the whole picture now. So I will send my Application then. The reason why I need this confirmation is because I understand I will need it to apply for BC.

Post by **Directive/2004/38/EC** » Tue Jun 26, 2012 1:01 am

blabla wrote:Well, I have got the 2007-2012 5 years because before that I have only entry clearances as family member of EEA I do not know if that is valid to count as jambo explain. Thanks guys for your time I really appreciate it. I think I have got the whole picture now. So I will send my Application then. The reason why I need this confirmation is because I understand I will need it to apply for BC.

Time counted from the moment you entered the UK. It does not matter when you got an RC: that was optional anyways.

blabla · Post by **blabla** » Tue Jun 26, 2012 1:29 am

OK, so what jambo explain is perfectly allright. And the timeline is just wht it is. So in that case There is no more questions. I will send the application and wait to see what happend. Hopefully I wont need or have any problems.

Post by **Directive/2004/38/EC** » Tue Jun 26, 2012 1:46 pm

What period of time will you describe in your cover letter as qualifying you for PR?

blabla · Post by **blabla** » Tue Jun 26, 2012 8:58 pm

I think I am just going to fill the form as it is, and just write saying I could not send my passport back in 2010 as i needed to go abroad which it was true, and that im sendig it now as my PR for the 5(2007-2012) years is going to expire or has expired if im sending it after tomorrow. but also explaining that i had qualified in 2009 as i enter uk in 2004. (the only thing is that i went to my country for 6 months in 2006 but i can explain that).

Post by **Directive/2004/38/EC** » Tue Jun 26, 2012 9:47 pm

I do not know enough, based on what you have written, to have a sense whether they will issue the PR card or refuse to do so. Good luck though!

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18 years old with permanent residence to expire June