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We married in January 2018 in UK. I applied for EEA FM RC before my visa expiry date in October 2017 on the basis girlfriend living together with proof of council tax bill and joint bank account and some pictures. This application got returned because of card declined for HO application fees in 17th December 2017. My Solictor made second application after our getting marriage certificate on 23rd of January 2018. Which was again sent back by HO stating we didn’t sent our Original passport( which had been sent by my Solictor according to him with Application along marriage certificate and other supportive documents) with application so the application is invalid. My Solictor wrote to HO insisting he actually sent passports with application so HO is responsible for losing them but on the other hand HO replied back with same blame that my Solictor didn’t send with application( HO did acknowledge that they did receive them in my first application when they couldn’t collect fee but not second time).
Assuming ur Tier1 had expired, invalid application, out of time application, the rest is not HO’s problem. Overstayed. Break in continuity..PAK4 wrote: ↑Mon Sep 23, 2019 10:47 am
This application got returned because of card declined for HO application fees in 17th December 2017. My Solictor made second application after our getting marriage certificate on 23rd of January 2018. Which was again sent back by HO stating we didn’t sent our Original passport( which had been sent by my Solictor according to him with Application along marriage certificate and other supportive documents) with application so the application is invalid. My Solictor wrote to HO insisting he actually sent passports with application so HO is responsible for losing them but on the other hand HO replied back with same blame that my Solictor didn’t send with application( HO did acknowledge that they did receive them in my first application when they couldn’t collect fee but not second time).
So after getting new passports we made again same application on 5th of May 2018 and got decision in December 2018 by issuing me residency card till 2023.
Section 3C protection does NOT apply to applications under the EEA rules. If you were not married before your tier 1 expired, you were an overstayer.
Thank you guys For this info.CR001 wrote: ↑Mon Sep 23, 2019 11:09 amSection 3C protection does NOT apply to applications under the EEA rules. If you were not married before your tier 1 expired, you were an overstayer.
You therefore where an overstayer between October 2017 and the date of marriage. Your long residence is therefore broken as you had no legal status during that time.
CR001 wrote: ↑Mon Sep 23, 2019 11:19 amNo chance I am afraid. ILR LR requires 10 years legal stay for the whole 10 years and you don't have that. As an unmarried partner of an EU Citizen, you have NO automatic rights. Automatic rights are only if you are married. When you applied for your RC before marriage is irrelevant.
Link below explains that Section 3C of the Immigration Rules does not apply to EEA route applications.
eea-route-applications/official-section ... 14238.html
Pre-settled status has the same requirements under 'retained right of residence' for EEA family members. You need to have been married for at least 3 years for that to work.PAK4 wrote: ↑Fri Sep 27, 2019 5:18 pmI spoken to one Solictor today and he advised me to apply for pre-settle status first and then get divorce. To me it doesn’t look right. Because I my RC will get revoked anyway after divorce whether I apply for pre settle status or not till dec 2020.
Any advice on this plz....?
Thank for you this. Just last clarification for ‘retained right of residence’ do the both conditions need to be apply at the same time of one year resident in uk or by fulfilling one of it we still can apply?Zimba wrote: ↑Sat Sep 28, 2019 1:03 amPre-settled status has the same requirements under 'retained right of residence' for EEA family members. You need to have been married for at least 3 years for that to work.PAK4 wrote: I spoken to one Solictor today and he advised me to apply for pre-settle status first and then get divorce. To me it doesn’t look right. Because I my RC will get revoked anyway after divorce whether I apply for pre settle status or not till dec 2020.
Any advice on this plz....?
You need to be married for 3 years AND have 1 year minimum residence in the UK.