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should i be worried? - efm april applicant

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

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

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fvfii
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should i be worried? - efm april applicant

Post by fvfii » Fri Oct 21, 2016 7:07 pm

hello everyone,

long story short. i have sent my eea2 (unmarried partner) application on 21st April, arrived in ukba on 22nd, payment were taken on 25th April. Received COA+ Biometric request on 26th May (dated 23rd)..
and so far I haven't heard anything back yet.
I have a trip commencing 28 Oct (which is next week). So on 6th October I have requested my passport back (and not received yet). I have used the not receive passport link yesterday though.

But on the forum, I have seen people applying in April already receiving their docs and RC... should I be worried that I haven't made a good application??
I am super super worried :(
Does anyone have similar experience?

vivi

soyerlife
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Re: should i be worried? - efm april applicant

Post by soyerlife » Fri Oct 21, 2016 8:32 pm

You still have a month before home office have to give an answer to your application, the 6months allowance to home office start from the date of COA not from the date you submitted application, you should never book holiday before getting your RC ,special this days ,application refused for silly
Reason's ........
Hope you will get it soon ....

fvfii
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Re: should i be worried? - efm april applicant

Post by fvfii » Fri Oct 21, 2016 8:57 pm

soyerlife wrote:You still have a month before home office have to give an answer to your application, the 6months allowance to home office start from the date of COA not from the date you submitted application, you should never book holiday before getting your RC ,special this days ,application refused for silly
Reason's ........
Hope you will get it soon ....
what do you mean by silly reasons;(

soyerlife
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Re: should i be worried? - efm april applicant

Post by soyerlife » Fri Oct 21, 2016 10:02 pm

Like not enough evidence of treaty right even if they are more than enought or the doubt marriage is fake even if you have kids
It's all depends on the case worker who treat your file

secret.simon
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Re: should i be worried? - efm april applicant

Post by secret.simon » Sat Oct 22, 2016 9:43 pm

Your earlier posts suggest that you were on a Tier 2 visa and that subsequently resigned from the job associated with the Tier 2 visa. Is that a correct summary of your situation?

Be aware that as the EFM of an EEA citizen, you have no automatic right to remain in the UK until you are issued with an RC. Also, EEA applications do not extend pre-existing leave (also known as Section 3C leave) as an application under the UK Immigration Rules would.

Therefore, if your Tier 2 visa has expired and you are still awaiting the RC and have not received it, you are technically an overstayer and this period could negatively affect any future applications under UK rules, such as any future citizenship applications.

If you were to leave the country, to the best of my knowledge, you will have no right to reenter the UK until the RC is issued. I would await further comments from other learned members of these forums before taking this further, but I would strongly advise against leaving the country without the RC.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

fvfii
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Re: should i be worried? - efm april applicant

Post by fvfii » Sat Oct 22, 2016 10:00 pm

secret.simon wrote:Your earlier posts suggest that you were on a Tier 2 visa and that subsequently resigned from the job associated with the Tier 2 visa. Is that a correct summary of your situation?

Be aware that as the EFM of an EEA citizen, you have no automatic right to remain in the UK until you are issued with an RC. Also, EEA applications do not extend pre-existing leave (also known as Section 3C leave) as an application under the UK Immigration Rules would.

Therefore, if your Tier 2 visa has expired and you are still awaiting the RC and have not received it, you are technically an overstayer and this period could negatively affect any future applications under UK rules, such as any future citizenship applications.

If you were to leave the country, to the best of my knowledge, you will have no right to reenter the UK until the RC is issued. I would await further comments from other learned members of these forums before taking this further, but I would strongly advise against leaving the country without the RC.
hi Secret simon,
thank you very much for your information. But what if I can enter the country without visa (i can stay 180 days in UK without visa, as a tourist). Is it still possibile to return to the country as a tourist, then switch to RC once I receive it?

Anyways I dont really have hope on the RC.. it takes long maybe because we didnt provide evidence?

THank you very much, I appreciate your time!

secret.simon
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Re: should i be worried? - efm april applicant

Post by secret.simon » Sat Oct 22, 2016 10:07 pm

fvfii wrote:But what if I can enter the country without visa (i can stay 180 days in UK without visa, as a tourist).
Even in that case, you will have a visa, just one that is stamped on arrival.

Your immigration history will be available to the Immigration Officer at the airport/seaport that you will attempt re-entry at and it is entirely possible that s/he will refuse entry to you as a visitor because you have declared an intention (though submitting a form for a RC) to reside in the UK and are patently not a visitor.

I will leave it to others to advise you further, but I still would suggest putting off all visits abroad until you have an RC in hand.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

fvfii
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Re: should i be worried? - efm april applicant

Post by fvfii » Sat Oct 22, 2016 10:13 pm

secret.simon wrote:
fvfii wrote:But what if I can enter the country without visa (i can stay 180 days in UK without visa, as a tourist).
Even in that case, you will have a visa, just one that is stamped on arrival.

Your immigration history will be available to the Immigration Officer at the airport/seaport that you will attempt re-entry at and it is entirely possible that s/he will refuse entry to you as a visitor because you have declared an intention (though submitting a form for a RC) to reside in the UK and are patently not a visitor.

I will leave it to others to advise you further, but I still would suggest putting off all visits abroad until you have an RC in hand.
Hi again secret.simon,

Thank you very much. Although I applied for passport repeat, so far there is no news. So probably I will just wait!

Thanks very much!

fvfii
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Re: should i be worried? - efm april applicant

Post by fvfii » Sat Oct 22, 2016 10:22 pm

secret.simon wrote:
fvfii wrote:But what if I can enter the country without visa (i can stay 180 days in UK without visa, as a tourist).
Even in that case, you will have a visa, just one that is stamped on arrival.

Your immigration history will be available to the Immigration Officer at the airport/seaport that you will attempt re-entry at and it is entirely possible that s/he will refuse entry to you as a visitor because you have declared an intention (though submitting a form for a RC) to reside in the UK and are patently not a visitor.

I will leave it to others to advise you further, but I still would suggest putting off all visits abroad until you have an RC in hand.
Hi again secret.simon,

Thank you very much. Although I applied for passport repeat, so far there is no news. So probably I will just wait!

Thanks very much!

noajthan
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Re: should i be worried? - efm april applicant

Post by noajthan » Sat Oct 22, 2016 10:30 pm

HO may well decide not to return your passport.
It may depend if you have any leave on your other visa.

If the RC is not granted you will have no basis to remain in UK once UK visa has expired.
Suggest focus on establishing your status and think about travelling later.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

fvfii
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Re: should i be worried? - efm april applicant

Post by fvfii » Sat Oct 22, 2016 10:42 pm

noajthan wrote:HO may well decide not to return your passport.
It may depend if you have any leave on your other visa.

If the RC is not granted you will have no basis to remain in UK once UK visa has expired.
Suggest focus on establishing your status and think about travelling later.
Hi Noajthan,

Thank you very much. just wondering what do you mean by "any leave on your other visa"?

Actually we are getting married next year, so hopefully would not be in this route!

Thank you very much again!

Petaltop
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Re: should i be worried? - efm april applicant

Post by Petaltop » Sun Oct 23, 2016 11:11 am

fvfii wrote:
noajthan wrote:HO may well decide not to return your passport.
It may depend if you have any leave on your other visa.


Hi Noajthan,

Thank you very much. just wondering what do you mean by "any leave on your other visa"?
It appears you entered the UK as a visitor/tourist ?

When you asked for entry at the border as a visitor to the UK, you would have told the entry officer that you were visiting the UK and were staying for x weeks. What was the date that they put in your passport, that you must leave the UK by?

Or if you hold a UK visa to work or study the UK, when does that visa expire?

These are your "any leave on your other visa".

Petaltop
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Re: should i be worried? - efm april applicant

Post by Petaltop » Sun Oct 23, 2016 11:50 am

Petaltop wrote:
fvfii wrote:
noajthan wrote:HO may well decide not to return your passport.
It may depend if you have any leave on your other visa.


Hi Noajthan,

Thank you very much. just wondering what do you mean by "any leave on your other visa"?
It appears you entered the UK as a visitor/tourist ?

When you asked for entry at the border as a visitor to the UK, you would have told the entry officer that you were visiting the UK and were staying for x weeks. What was the date that they put in your passport, that you must leave the UK by?

Or if you hold a UK visa to work or study the UK, when does that visa expire?

These are your "any leave on your other visa".
Forget that bit where I assumed you entered as a tourist as I have just read all your thread.

"any leave on your other visa" refers to your Tier 2 work visa and whether that visa has expired or been revoked by UKVI as you left your job.

noajthan
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Re: should i be worried? - efm april applicant

Post by noajthan » Sun Oct 23, 2016 12:00 pm

fvfii wrote:Hi Noajthan,

Thank you very much. just wondering what do you mean by "any leave on your other visa"?

Actually we are getting married next year, so hopefully would not be in this route!

Thank you very much again!
If you don't have any other remaining leave/visa my understanding is you won't get your passport back.

You need to get this RC to be able to stay in UK so as to be in a position to apply to marry next year (if you plan to marry in UK).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

fvfii
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Re: should i be worried? - efm april applicant

Post by fvfii » Tue Oct 25, 2016 11:19 am

hello everyone,

thank you so much for all your help:)
i just just just received my passport, the RC is on the way :)
thank you very much all!

vivi

soyerlife
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Re: should i be worried? - efm april applicant

Post by soyerlife » Tue Oct 25, 2016 1:23 pm

CONGRATULATIONS
did you get a new RC for 5years or the Pémanent residence?
What did you submit as your ex treaty right evidence
Thank you for your help

noajthan
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Re: should i be worried? - efm april applicant

Post by noajthan » Tue Oct 25, 2016 1:30 pm

soyerlife wrote:CONGRATULATIONS
did you get a new RC for 5years or the Pémanent residence?
What did you submit as your ex treaty right evidence
Thank you for your help
Where does an 'ex' come into the picture :?: :!:
All that is gold does not glitter; Not all those who wander are lost. E&OE.

soyerlife
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Re: should i be worried? - efm april applicant

Post by soyerlife » Tue Oct 25, 2016 1:45 pm

noajthan wrote:Where does an 'ex' come into the picture
he posted on timeline a moment ago as he received his ROR !

noajthan
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Re: should i be worried? - efm april applicant

Post by noajthan » Tue Oct 25, 2016 1:52 pm

soyerlife wrote:
noajthan wrote:Where does an 'ex' come into the picture
he posted on timeline a moment ago as he received his ROR !
OP has applied for EFM RC.
There is no ROR option for unmarried couples, if a couple breaks up its curtains.

And in this case OP has a lovely fiancé:
http://www.immigrationboards.com/eea-ro ... 12546.html
All that is gold does not glitter; Not all those who wander are lost. E&OE.

fvfii
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Re: should i be worried? - efm april applicant

Post by fvfii » Tue Oct 25, 2016 3:29 pm

hello all,

sorry i guess i had a typo. I am applying for eea efm and the rc is on the way. sorry for the confusion!

vivi

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