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Is a residence card considered as leave to remain?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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kotori
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Posts: 3
Joined: Wed Apr 19, 2017 10:01 am

Is a residence card considered as leave to remain?

Post by kotori » Wed Apr 19, 2017 10:22 am

Hi all,

I applied for a residence card 5 months ago as an unmarried partner of my EEA sponsor.
I am applying for an extension of my Tier 2 visa while I am waiting for the decision on the residence card.

Due to the change on the application form as of 6 Apr 2017, they ask me the following question:

"Do you currently have an application with the Home Office for leave to remain for which you have not yet received a decision?"

I am just wondering if my application for a residence card is considered as "an application for leave to remain". If so, the Home Office will apparently cancel my application for a residence card and will only consider the new
application which is for the visa extension. I don't have any other visa/EEA documentation applications at the moment.

I would appreciate any information or advice. Thank you

vinny
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Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Is a residence card considered as leave to remain?

Post by vinny » Wed Apr 19, 2017 10:41 am

No. An EEA residence card or permanent residence card application under the EEA regulations is not a leave to remain application under the Immigration Rules.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
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Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Is a residence card considered as leave to remain?

Post by vinny » Wed Apr 19, 2017 10:46 am

Moreover, it's wise if you are also making an in-time Tier 2 (General) extension application, as this preserves your qualifying period for ILR under Tier 2 (General) too.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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lunallena
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Posts: 68
Joined: Wed Jul 05, 2017 8:55 pm
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Re: Is a residence card considered as leave to remain?

Post by lunallena » Wed Jul 05, 2017 8:58 pm

Hi Kotori,

I am in the exact same situation as you... did you manage to extend your TIer2? was your EEA2 application affected in any way?

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