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When to apply for PR

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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namaks
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Joined: Wed May 31, 2017 8:18 pm

When to apply for PR

Post by namaks » Mon Jun 12, 2017 10:27 pm

I hope someone can help me:
In 2010, my application for post study work permit was refused after having lived in the UK since 2016. I appealed however, my brother who was my sponsor at the time decided that we should go for EEA FP.

My appeal for post study work visa exhausted in July 2011 however, earlier in March 2011 I applied for Resident permit as an extended family member of an EEA citizen. I was issued a CoA with right to work in April 2011. My application was refused because they didn't believe I was related to my brother. we appealed, provided more documents and myself with my brother went to court for the hearing and the appeal was allowed in June 2012. Resident document issued in Oct. 2012 to Oct. 2017. My questions are as follows:
1. Can I send off my application for PR now considering my initial application was in March 2011?
2. Although my resident card wasn't issued till Oct 2012, I had a CoA with right to work from my application in March 2011. Did I lose my 3c right?

Thanks in advance.

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CR001
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Re: When to apply for PR

Post by CR001 » Tue Jun 13, 2017 7:47 am

1. No you can't. You need 5 full years, so you can apply in October 2017.

2. As an extended family member, you have no automatic right to reside. Section 3C does not apply to EEA route applications. Your section 3C ended when PSW refusal appeals were exhausted or after your last visa expired. Your status was therefore only regulasised in October 2012 when your residence card was issued, all the time before this you would have been an overstayer.
Char (CR001 not Casa)
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namaks
Newly Registered
Posts: 2
Joined: Wed May 31, 2017 8:18 pm

Re: When to apply for PR

Post by namaks » Tue Jun 13, 2017 11:12 pm

Thanks. This helps grately.

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