Wrong Application - not sure what comes next

[Larmar81]

Hello all

First of all i'm very happy to be here, i have a colleague who also asked questions in this forum before and he recommended me the site.

Last night, as my EEA partner and I just went cold as a stone when we realized we made a huge mistake.
When we went through the check list months ago, we chose partner of a settled person when deciding how to apply for permanent residence (i am in the UK for 6 years but non EEA, my partner is a EEA national but he has also settled here)
For that reason we chose SET(M) and applied that way (we had to pay £1875)
Now we have realized that was the incorrect application.
I should have applied for EEA4.
I could complain that we were a bit misled by the UKVI website, but excuses are worthless, we are still guilty for not doing our proper research.
The extra money we have lost is punishment enough, but probably that's not the only issue we are facing.
I applied at the end of my previous visa (Spouse of an EEA national). Which means, if i withdraw my application for ILR now (it will probably be refused anyway) i have been staying illegally here for more than 5 months. Not sure what will happen in that case. is there any EEA regulation that will allow me to informally stay while my EEA4 is being processed?

I wonder if you could help us with 2 questions

1. Is there actually any chance my ILR application will be approved as it is (after all my partner is settled, EEA or not, although his settlement happened only in 2016 - he applied also via the EEA route)
2. If i withdraw my application for ILR, can they kick me out? For sure there must be a way to clarify what happened and not let this issue affect my new EEA4 application. Or am I really in trouble?

I am also starting a British citizenship application for my child born in the UK (MN1), not sure if that will help.

I am most thankful in advance for your advice.

Regards

[Wise]

1. How long ago did you submit the application?
2. Even if it has been long ago and you have received acknowledge letter you can write to the address to withdraw it and nothing will happen to both of you. Remember to include you details and reference number in the letter if you have one.
3. Ask your bank not to pay out any money out even if HO intend to take it and if it can't get through they will just stop processing your application and send it back to you.
4. Nothing to worry about as you have EEA parnell and he/she is still working and you are still together and if your RC has expired, it will never affect you anytime you make new
application.

Nothing to worry about as EEA application allowed every one to applied for what you have already acquired anytime.

[Larmar81]

Thanks for your reply.
Actually we applied in February, so the money was taken a long time ago, so that is already lost i guess.
My EEA2 visa also expired in February.
So i have been almost 6 months without a valid visa (strictly speaking)
True, we have letters to prove the ILR application, so i guess they would be the prove that it wasn't really our intention to breach UK's immigration laws?

Thanks

[Wise]

I think you can still withdraw it because the decision hasn't been made on your application and it could take a year before they can finish dealing with it unlike the EU application which is with at least 6/7 month before everything is finalised.

The HO or caseworker may use his/her discretion to call you to ask why you have chosen this path and advice you to withdraw and make proper application but that is not guaranteed and expect that before they issued you the acknowledgement letter if they know what they are doing as EEA applicants.

You may as well call them to see what they will ask you to do first because decision has not been made on your application and that's why to me you still have chance as you're are allowed to withdraw any application at anytime but the may charge just an administrate fees of 100 pound that all. But again it's up to you if you can afford to lose such huge money.

[Larmar81]

Seems if the application has been done in the UK, there is no way to get any money back.

https://www.gov.uk/cancel-visa

[GMB]

My EEA2 visa also expired in February.

It's not a visa. It's a residence card. Visas confer rights, and when they expire you no longer have those rights (can be an overstayer). The residence card is merely evidence of rights you have because of who you're married to. The card itself does not confer any rights, and whether it's expired or not isn't legally relevant (can't be an overstayer).

So i have been almost 6 months without a valid visa (strictly speaking).

You never had a visa because you don't require one.

so i guess they would be the prove that it wasn't really our intention to breach UK's immigration laws?

You haven't breached the Immigration Rules because you don't fall under them. You fall under EEA law, which you have not breached, as far as I can tell.

[Larmar81]

My application has been refused, and now they ask me to leave the country in 14 days (my passport was not returned)
Is there a procedure to ask for my passport to be returned to do the correct application?

[vinny]

Can you make the PR application, stating that they already have your passport?