Tier 5 visa holder expecting PR -Unmarried Partner

[jfern6]

hi,

My gf is a British Overseas citizen and currently holds a Tier 5 visa which is expiring this November.
I am a EU citizen and holding permanent resident status in the UK. My gf has applied for the PR - Unmarried Partner as we have been together for more than 5 years and we plan to get married next year.

Is she able to remain in the UK after the November until she (hopefully) gets the PR Unmarried Partner she applied? OR is she required to leave the country before the current expires?

Any feedback on this would be much appreciated.

regards.

[Obie]

She will be refused as she does not qualify for Permanent Residence. The most she may qualify for is a residence card under Regulation.18(4)(5).

[lunallena]

She should have applied for a resident card as the extended family member of an EEA citizen.

https://www.gov.uk/government/uploads/s ... -03-17.pdf

[jfern6]

hi,

many thanks for your reply. I am going to provide more details on her current situation:
My gf lived in UK for 6 years and she held the Tier 4 Student Visa for study in the first 4 years and then currently holding a Tier 5 which will expire next month (November). She applied for the Permanent residence card under the EEA Regulations on the base that I am an EEA national qualified person ( I work in UK financial industry and holding the Permant residence ) and we both had lived in UK for over 5 years. The application was sent out in September and she has received her passport back on the 13rd September (Her Tier 5 Residence Permit card is still with the Home Office). Following a certificate of application letter and Biometric Enrolment letter received on 28th September, where the Biometric was submitted on 30th September.

On her certificate of application, Home Office advises the following:

-"Thank you for your application for a Residence card/ Permanent Residence card/ Derivative Residence Card. We will make a decision on the application as soon as we can and, in any event, within the next 6 months.
-Please do not telephone or make enquiries about the process of application before you hear from us unless a passport or other document is needed urgently, as this diverts resources from making decisions.
-We advise you not to make any non urgent travel plans until we have decided your application and returned your passport or travel document.
-The applicant is the unmarried partner or extended family member of an EU citizen who is exercising European free movement rights in the United Kingdom."


1. Does she have the right to stay until the application decision comes out after her Tier 5 expired?

2. I've found this online: "According to Section 3C of the Immigration Act 1971 states that where an application for further leave to remain is made in-time (i.e. before their last grant of leave expires), then that person’s leave will be treated as continuing until a) the Home Office make a decision on the application, or b) all avenues of appeal have been exhausted. This means that if you hold a Tier 4 student visa valid until 1 May, and you submit your Tier 2 application on the 30 April, then your Tier 4 visa will be treated as continuing even if the Home Office do not make a decision on the application until, say, September. Those benefiting from Section 3C leave can then carry on working or studying or whatever their previous visa allowed them to do until the Home Office have made a decision.'

Is it reliable? Which mean she is legally staying until Home office make a decision on her case?

What will happen to her if she leave UK and re-entry under the application pending situation?


many thanks for your replies.

regards

[CR001]

As already said, she doesn't qualify for PR under the EEA rules as she does not hold an EEA EFM residence card for the required 5 year residence period. Living together is unfortunately NOT suffucient to qualify for PR.

2. I've found this online: "According to Section 3C of the Immigration Act 1971 states that where an application for further leave to remain is made in-time (i.e. before their last grant of leave expires), then that person’s leave will be treated as continuing until a) the Home Office make a decision on the application, or b) all avenues of appeal have been exhausted. This means that if you hold a Tier 4 student visa valid until 1 May, and you submit your Tier 2 application on the 30 April, then your Tier 4 visa will be treated as continuing even if the Home Office do not make a decision on the application until, say, September. Those benefiting from Section 3C leave can then carry on working or studying or whatever their previous visa allowed them to do until the Home Office have made a decision.'

Section 3C only applies to applications made under the UK Immigration rules and NOT to applications for EEA route applications.

Is it reliable? Which mean she is legally staying until Home office make a decision on her case?

As an unmarried partner, she has not automatic rights in the UK under the EEA rules.