Sponsor applying for permanent residence, while EFM can only apply for residence card, at the same time.

[kamoe]

Following from my situation explained in my previous post I now need to reapply for a residence card, as EFM.

Now, my partner is considering applying himself for permanent residence, and I was thinking it made sense to make it all one application.

However, seems like the Home Office has not considered the case where the sponsor is eligible for permanent residence while the family member is not (the reason am I not eligible for permanent residence is because although my partner has spent more than 5 years as a qualified person in the UK, and although I have spent more time in the UK than him; I have only spent 2 years on a EEA family permit).

I just looked at both the online application form and the paper form for permanent residence, and it does only give you the choice to include family members if and only if they are also eligible for permanent residence.



What is the smartest thing to do here?

a) Send the applications separately, as two completely different cases. The problem with this is, for both applications we need his passport. If we do this, we would need to do his application first, use the passport return service, then when his passport is back, do mine, and use the passport return service again (he needs to travel a lot, so each time the passport is sent, it is a bit of a stressful situation).

b) Send the two applications together, still with their respective application forms and everything, but somehow have the caseworker realize that although my partner is applying for permanent residence and he is sponsoring me, I am NOT applying for permanent residence myself, but only for a residence card. I am scared that if we do this, even while each using the correct application forms, the caseworker is going to refuse my residence card application on the basis that I am not eligible for permanent residence (which I am not applying for). The form isn't really made for cases like ours, it really does not let him say that he is sponsoring an application that is different than for permanent residence.

My only other thought is if in this case, it is worth it handing it over to a solicitor. I have always been capable of dealing with all my applications myself, and have always thought solicitors are unnecessary. So before we engage with one, I just want to make sure it makes a difference in our case, or not at all. Could a solicitor make it work in the risky case b), which is ultimately what we want to do?

Any thoughts or previous experience are greatly appreciated.

Thanks
Kamoe

[obormot]

If the only issue is passport:
If he applies online using eu passports verification service, he does not need to send his passport anywhere - he goes there, they make a copy of his passport and send his application to HO, and he keeps the passport.
Then next day you send your application on paper form, include his passport, and then ask for its return.

[kamoe]

Thanks so much, obornot.

I did later realize that, although the permanent residence application form does not let you include family members who are not eligible for permanent residence, the opposite is possible: The residence card application form does let you specify that your sponsor is applying for permanent residence, and they even encourage you to send both applications together, along with supporting documentation, together in the same envelope.

The one thing I'm thinking of, is if it would be preferable for the case worker to have some work done for them and have his permanent residence application done online (as opposed to them having to type it). And obviously, as they suggest, send his supporting evidence (P60s and stuff) together in the same envelope as my paper application for the residence card. I am thinking this would the digital equivalent to what they suggest in the guidelines. Question is, could we do this using the European passport check service, without having to send his passport even once?

So, now the question is between two options:

1) Have him do his application online, have his passport checked; then do my application on paper, send my passport only, specifying in the joint envelope with his supporting evidence (P60s) that his passport has already been checked.

2) Do both applications on paper; send both passports.

the potential third choice is what you suggest, which I also considered:

3) Have him do this application online, have his passport checked; then do my application on paper, send both passports.

But, I was thinking... if we are going to send his passport with my application anyway, we might as well just apply both in paper form. Option 3) involves having to go the European passport service AND send his passport. No benefit in that.

Anyway, I'll think about it over the weekend and make a decision on what to do, either 1) or 2). In the meantime, if anyone has been in a similar situation and has a success stories or recommendations, that would be highly appreciated.

Have a good weekend everyone.

All the best

Kamoe

[kamoe]

In case it is useful for anyone wondering the same thing, I have approached my local European passport checking service, and they told me that their service is only available in the context of online applications. So if I make a paper application for my residence card, I still need to send my partner's passport.

So, dilemma solved, I will be making the two applications on paper form!

Hope this is randomly useful.

Kamoe