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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
If you applied for an EEA RC as an Unmarried Partner (which appears to be the case), then you had no legal status from the date your tier 1 was refused until the date the RC was granted.and then got refusal letter on 24/04/2018
I recommend that CR001 read the first four paragraphs of the post she quotes, rather than just the misleading title. Whether Section 3C protection applies in such cases was undecided at the time of the post, and I believe is no clearer now.CR001 wrote: ↑Thu Feb 27, 2020 2:38 pmIf you applied for an EEA RC as an Unmarried Partner (which appears to be the case), then you had no legal status from the date your tier 1 was refused until the date the RC was granted.and then got refusal letter on 24/04/2018
Section 3C protection under the UK Immigration Rules does not apply to EEA/EU route RC applications as an unmarried partner. Highly likely that ILR under the 10 year long residence route will fail as you had no status from 24/04/2018 to until the RC was issued.
eea-route-applications/official-section ... 14238.html
Non sequitur. As time under a Zambrano derived right does not count towards permanent residence status, one could equally well claim that those whose residence depends on the Zambrano right under the EEA Regulations are also illegal.askmeplz82 wrote: ↑Thu Feb 27, 2020 10:24 pmYour 10 years continuous residence is broken
The Upper Tribunal has held that the UNMARRIED non-EU partner of an EU citizen cannot start accruing time towards permanent residence status until they have a residence card
So you were technically an illegal from
24/04/2018 - RC Issued date
or
24/04/2018 - Marriage Date
I recommend you watch the way you talk to Moderators, you’ve been warned repeatedly!Richard W wrote: ↑Thu Feb 27, 2020 7:35 pmI recommend that CR001 read the first four paragraphs of the post she quotes, rather than just the misleading title. Whether Section 3C protection applies in such cases was undecided at the time of the post, and I believe is no clearer now.CR001 wrote: ↑Thu Feb 27, 2020 2:38 pmIf you applied for an EEA RC as an Unmarried Partner (which appears to be the case), then you had no legal status from the date your tier 1 was refused until the date the RC was granted.and then got refusal letter on 24/04/2018
Section 3C protection under the UK Immigration Rules does not apply to EEA/EU route RC applications as an unmarried partner. Highly likely that ILR under the 10 year long residence route will fail as you had no status from 24/04/2018 to until the RC was issued.
eea-route-applications/official-section ... 14238.html
Uncertain law implies high legal cost. I would expect the Home Office to fight all the way.
I really do not see anything erroneous about CR001's post. I will go as far as saying, that no other views could reasonably, possibly be correct.Richard W wrote: ↑Thu Feb 27, 2020 7:35 pmI recommend that CR001 read the first four paragraphs of the post she quotes, rather than just the misleading title. Whether Section 3C protection applies in such cases was undecided at the time of the post, and I believe is no clearer now.CR001 wrote: ↑Thu Feb 27, 2020 2:38 pmIf you applied for an EEA RC as an Unmarried Partner (which appears to be the case), then you had no legal status from the date your tier 1 was refused until the date the RC was granted.and then got refusal letter on 24/04/2018
Section 3C protection under the UK Immigration Rules does not apply to EEA/EU route RC applications as an unmarried partner. Highly likely that ILR under the 10 year long residence route will fail as you had no status from 24/04/2018 to until the RC was issued.
eea-route-applications/official-section ... 14238.html
Uncertain law implies high legal cost. I would expect the Home Office to fight all the way.
So do you think it is because of incompetence or fairness (I'm not asking which) that holders of extant leave who apply for residence cards as durable partners under the EEA regulations have been receiving a CoA with right to work? A recent example is the case of Ariyon146. I had thought that CoA with right to work were being issued because it was believed that successful applicants would have retained a right to work during consideration.
So is there a judgement that an application for status under the EEA regulations, as opposed to an application for the recognition of status, does not extend leave? The judgement you cited is a ruling that a request for the recognition of status does not extend leave; indeed, you bemoaned the failure to rule on the effect or non-effect of the first type of application.