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Have residence card of EEA national - which route now?

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persecola
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Have residence card of EEA national - which route now?

Post by persecola » Mon Jul 17, 2017 8:54 pm

I have a residence card of a family member of an EEA national with employment and business activities allowed that expires in mid-August.

Somebody with such a residence card would normally apply for permanent residency in order to continue staying, however the EEA national has since taken up British citizenship.

The guidance on the gov.uk websites is not helpful and in fact entirely silent on my particular situation. I have previously been employed in the UK and am now self-employed (properly; not a limited company).

I have called the UK Visa office several times and they have suggested permanent residency card, ILR and form FLR(FP) on various occasions - they don't seem to know.

Anybody who can shed any light and provide any sort of informed insight into what route I should take?

Thanks
Last edited by persecola on Mon Jul 17, 2017 9:00 pm, edited 1 time in total.

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Re: Have residence card of EEA national - which route now?

Post by CR001 » Mon Jul 17, 2017 8:56 pm

On what date did you apply for and get your residence card?

What is your relationship to your sponsor?

When did your sponsor become British?

What is your full UK immigration history?
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Re: Have residence card of EEA national - which route now?

Post by persecola » Mon Jul 17, 2017 9:06 pm

I received my residency card on the 18th of August 2012.

The sponsor is my brother in law. He is married to my twin sister.

He became British in April 2013.

I have been living and working full time in the UK since then, except for three short week-long trips for holidays abroad in Europe.

I have been living with them all the time with no recourse to public funds or anything else.

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Re: Have residence card of EEA national - which route now?

Post by CR001 » Mon Jul 17, 2017 9:10 pm

My understanding is that once he became British, he could no longer sponsor you under the EEA family member route. He will only be considered British while in the UK.

You missed the cut off for the transitional provisions by one month and 2 days.

eea-route-applications/do-dual-eu-uk-ci ... 28292.html
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Re: Have residence card of EEA national - which route now?

Post by persecola » Mon Jul 17, 2017 9:20 pm

Although the final decision has not yet been delivered, it appears that the ECJ is going against the UK. The Home Office has apparently already turned around and approved the ILR that was previously declined in that case, so there should still be hope.

The original question remains - which route? Perhaps the permanent residency route is now open?

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Re: Have residence card of EEA national - which route now?

Post by persecola » Mon Jul 17, 2017 9:52 pm


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