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Non EEA family Member ON RESIDENCE CARD

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

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Shoyab
Newly Registered
Posts: 1
Joined: Sat Dec 22, 2018 5:03 pm
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United Kingdom

Non EEA family Member ON RESIDENCE CARD

Post by Shoyab » Sat Dec 22, 2018 5:20 pm

Hello,

I need a advice from the situation which I am in now.

I came to this country on April 2008 stayed on 3 and half years on students visa.
Then after graduation applied 2 years post study visa. I have went to do masters on this visa after 8 months.
After this I met EEU national Spain. Applied EEA visa on the basis of living relationship got the visa.after 6 month relationship broke and I have to move from the house. After few month I met a someone currently my wife and she is on ILR STATUS.

I have lived on the EEA residence card since 2014 now it’s expiring on March 3rd 2019. I am a married now to my wife who is got an ILR and have six month old child who is British national.

My question is I wanted to PR. and I can’t produce previous doc from the X. How can proceed with pr. And I have asked one advisors that I can proceed with pr and I have told him clearly I can produce previous docs from x. I am bit worry here. Please any advise and suggestions. Regards.

Richard W
- thin ice -
Posts: 1947
Joined: Wed Oct 17, 2012 4:25 am
Location: Stevenage
England

Re: Non EEA family Member ON RESIDENCE CARD

Post by Richard W » Sat Dec 22, 2018 7:13 pm

Shoyab wrote:
Sat Dec 22, 2018 5:20 pm
Then after graduation applied 2 years post study visa. I have went to do masters on this visa after 8 months.
After this I met EEU national Spain. Applied EEA visa on the basis of living relationship got the visa.after 6 month relationship broke and I have to move from the house.
At that point you then had no legal basis of stay in the UK.
Shoyab wrote:
Sat Dec 22, 2018 5:20 pm
I have lived on the EEA residence card since 2014 now it’s expiring on March 3rd 2019. I am a married now to my wife who is got an ILR and have six month old child who is British national.
Is she an EEA national? I presume she isn't.
Shoyab wrote:
Sat Dec 22, 2018 5:20 pm
My question is I wanted to PR.
You currently have no right to permanent residence on the EEA route. You must apply under the purely UK rules.

secret.simon
Moderator
Posts: 11119
Joined: Thu Feb 21, 2013 9:29 pm

Re: Non EEA family Member ON RESIDENCE CARD

Post by secret.simon » Sat Dec 22, 2018 8:01 pm

Richard W is correct. You do not have a legal right to reside in the UK currently.

An EEA-route "durable partner" Residence Card is only valid as long as you remain in that relationship. If that durable partnership ceases, your right to reside in the UK ceases.

If you were issued an EEA Residence Card in March 2014, even if your ex-partner does provide documentation of the relationship continuing, she can't after your marriage to somebody with ILR anyway. Therefore, as you have not completed five continuous years in a durable relationship with an EEA citizen, you are not eligible for PR.

As your right to reside ceased within six months of your getting the EEA Residence Card, you are not even eligible for an ILR based on Long Residence.

Your only option now is to apply as a dependent (FLR(M))of your ILR wife and stay in that relationship for at least five years from the date of grant of the FLR(M).
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.

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