EEA PR COA help need plz

[sweetshy]

I have came to the UK in Nov 2011 with EEA Family Permit as unmarried partner of an EEA national. I got married in Mar 2012 and divorced in Sep 2016(EEA2 Residence card issued in June 2014 valid to June 2019).

I have not renewed my Residence card for retained right after divorce. I have complete my 5 years under EEA regulation since Nov 2011 to Nov 2016, although not married in 2011,as my solicitor advised me.

I have applied EEA PR as non EEA national family member in Dec 2016 with 85 pages EEA PR form and received a COA in Jan 2017, with no solicitor, all DIY. The COA states: 'Thank you for your applications for a Residence Card.' I am confused now, should they issue me a COA with 'Thank you for your application for a PERMANENT residence card.' There is no PERMANENT mentioned in my COA.

Is their mistakes by sending me a wrong COA or Home Office have switched my EEA PR application card to a residence card(as retained right) as I divorced? Please advise. Thanks.

[noajthan]

Did you hold a RC as an EFM from Nov 2011- Mar 2012?
HO may not entertain an application to confirm PR based on time when you were an unmarried partner without evidence of an EFM RC in name of your unmarried sponsor.

Otherwise it appears your PR clock started when you married in 2012.
And, if you have been exercising treaty rights since your divorce, you could acquire PR as early as March 2017.
(That is, assuming no prolonged absences from UK enjoyed by either party over past 5 year period).

[sweetshy]

Hi Noajthan,

Nov 2011 to April 2012, I have EEA family permit with my partner's name on.
RC was issued in June 2014, valid to June 2019. Issued late as wrongly refused and won the appeal in Tribunal after separated from my EEA sponsor.

I submit my PR application in Dec based on complete my five years between Nov 2011 to Nov 2016. But COA states only RC, not mention PERMANENT at all.
I sign for the form of PR form, also with a cover letter. Can they switch my application from PR to RC???

[noajthan]

Hi Noajthan,

Nov 2011 to April 2012, I have EEA family permit with my partner's name on.
RC was issued in June 2014, valid to June 2019. Issued late as wrongly refused and won the appeal in Tribunal after separated from my EEA sponsor.

I submit my PR application in Dec based on complete my five years between Nov 2011 to Nov 2016. But COA states only RC, not mention PERMANENT at all.
I sign for the form of PR form, also with a cover letter. Can they switch my application from PR to RC???

I can't tell what the caseworker has done here.

I recognise you had the foresight to enter UK with a FP, however that may not be enough for confirmation of PR for a period including those initial months in UK before you married.

Applying for permanent residence
Under regulation 8 of the regulations you cannot consider an applicant to be the extended family member of an EEA national until they have been issued either a:

• • registration certificate, or
    residence card.

An extended family member is not eligible for a document certifying permanent residence or a permanent resident card if they have not previously been issued with one of the above documents.

After five years continuous residence in line with the regulations an extended family member can apply for a:

• document certifying permanent residence (if they are an EEA national), or
  permanent residence card (if they are a non-EEA national)

https://www.gov.uk/government/uploads/s ... als_v3.pdf

[sweetshy]

Hi Noajthan,

Thank you for your advise.

I will let you know what happens of my case after I get a decision from Home office.
It may takes 6 months until June. I will be qualified for five years at that time, as married in Mar 2012, lol.

Happy Chinese New Year.

Hi Noajthan,

Nov 2011 to April 2012, I have EEA family permit with my partner's name on.
RC was issued in June 2014, valid to June 2019. Issued late as wrongly refused and won the appeal in Tribunal after separated from my EEA sponsor.

I submit my PR application in Dec based on complete my five years between Nov 2011 to Nov 2016. But COA states only RC, not mention PERMANENT at all.
I sign for the form of PR form, also with a cover letter. Can they switch my application from PR to RC???

I can't tell what the caseworker has done here.

I recognise you had the foresight to enter UK with a FP, however that may not be enough for confirmation of PR for a period including those initial months in UK before you married.

Applying for permanent residence
Under regulation 8 of the regulations you cannot consider an applicant to be the extended family member of an EEA national until they have been issued either a:

• • registration certificate, or
    residence card.

An extended family member is not eligible for a document certifying permanent residence or a permanent resident card if they have not previously been issued with one of the above documents.

After five years continuous residence in line with the regulations an extended family member can apply for a:

• document certifying permanent residence (if they are an EEA national), or
  permanent residence card (if they are a non-EEA national)

https://www.gov.uk/government/uploads/s ... als_v3.pdf

[noajthan]

Hi Noajthan,

Thank you for your advise.

I will let you know what happens of my case after I get a decision from Home office.
It may takes 6 months until June. I will be qualified for five years at that time, as married in Mar 2012, lol.

Happy Chinese New Year.

Thanks.
Well fingers crossed.

And it was Robert Burns night yesterday

The best laid schemes o' mice an' men gang aft agley

and then again...

While Europe's eye is fix'd on mighty things,
The fate of empires and the fall of kings;
While quacks of State must each produce his plan,
And even children lisp the Rights of Man;
Amid this mighty fuss just let me mention,
The Rights of Woman merit some attention

[sweetshy]

Hi Noajthan,

As I have divorced during my five years residence, my RC was issued before divorce. Do you think I have to renew my RC to confirm my retained right before apply PR?

I send out my application in December 2016 without renew my RC after divorce. Worry about my case, in particular COA only states: Thank you for your application for RC. Not mention PERMANENT at all.

Thanks. Noajthan.

(I have also searched the part regarding extended family member after discussed with you last night.
Under EEA regulation 7, family member (3), the extended family member is treated as a family member if have issued a family permit. So my five years should be ok. Happy.)

Hi Noajthan,

Thank you for your advise.

I will let you know what happens of my case after I get a decision from Home office.
It may takes 6 months until June. I will be qualified for five years at that time, as married in Mar 2012, lol.

Happy Chinese New Year.

Thanks.
Well fingers crossed.

And it was Robert Burns night yesterday

The best laid schemes o' mice an' men gang aft agley

and then again...

While Europe's eye is fix'd on mighty things,
The fate of empires and the fall of kings;
While quacks of State must each produce his plan,
And even children lisp the Rights of Man;
Amid this mighty fuss just let me mention,
The Rights of Woman merit some attention

[noajthan]

Hi Noajthan,

As I have divorced during my five years residence, my RC was issued before divorce. Do you think I have to renew my RC to confirm my retained right before apply PR?

I send out my application in December 2016 without renew my RC after divorce. Worry about my case, in particular COA only states: Thank you for your application for RC. Not mention PERMANENT at all.

Thanks. Noajthan.

(I have also searched the part regarding extended family member after discussed with you last night.
Under EEA regulation 7, family member (3), the extended family member is treated as a family member if have issued a family permit. So my five years should be ok. Happy.)

I don't know why the COA is worded in that way or whether it should state "permanent".

A RC is only optional anyway (although often useful) so it shouldn't have needed renewal.

Yes, EEA Reg 7(3) appears to be your friend as long as FP covered the period up until your nuptials.
I had only refreshed my memory of Guidance and, ofcourse, the map is not the territiory.

[lady777]

Hello Noajthan,

I am currently filling in application form for Permanent residence after retaining my right in 2015.

Can i ask you if you have submitted Section 11 as well ?

The reason i ask should i be submitting it or not, as it says in Application form if you are submitting Permanent residence card of your ex spouse then go straight to section 16.

But then at the end or somewhere else it says if you are applying for PR after retaining your rights make sure you complete section 11, so i am a bit confused now

Thanks in advance for your answer

[help111]

Hi all honorable mediators and members,


I retained my rights following divorce from eea national through an appeal hearing.
The background is that there was gap in my employment after divorce and Home Office refused my ROR on that basis, I had my business proofs i.e SA302's and bank statements/invoices which were helpful in winning the appeal.

I sent 04 SA302's and a letter from NI to prove that my ex-wife was exercising the treaty rights from marriage till divorce. Home Office accepted in the refusal that my ex-wife was exercising treaty rights at the time of the divorce.
I did not have any other documents apart from SA302's and a letter from NI so could not attach anything else.

I want to apply for PR and went to a solicitor for advise, he said that I would need unaudited accounts, invoices, receipts etc to support my PR application and SA302's of my ex-wife.
My question from honorable mediators and members is that should I chase my ex-wife which is obviously going to be very hard for above mentioned documents?
or
Should I just send SA302's and letter from NI knowing of the fact that on basis of these 02 documents it was accepted that she was exercising treaty rights at the time of divorce and now Home Office will accept that same equal documents should be enough for the rest of the period?

The advise of honorable mediators and members is going to be very helpful please help!