Eea2 given twice instead of eea4

[abBY20]

Hi all,I applied for eea4 in April on the basis of RoR...
Marriage lasted for over 3 years,and I sent all the evidence with it..
When I got my passport this morning,I found out residence card was repeated instead of a PR.
Is it the HO mistake ?
What should I do in this case .?

[spike_UK]

Hi all,I applied for eea4 in April on the basis of RoR...
Marriage lasted for over 3 years,and I sent all the evidence with it..
When I got my passport this morning,I found out residence card was repeated instead of a PR.
Is it the HO mistake ?
What should I do in this case .?

Hi mate, sorry to hear that but I think you should complain and complain, if you have the rights and given the prove then you should get your PR.
What does the cover letter say?

[abBY20]

The cover letter says we are returning your document confirming your status and only reason to be in uk is because of Eea national exercising treaty rights
And i can qualify in my own rights to remain in uk...
I got this cover letter when I got my 1st RC.so I was shocked while reading through the letter before opening my passport cos it shouldn't be..
I have submitted decree absolute,bank statement ,p60,payslips,crb,for both myself and my ex...and many more documents on our names
I will complain just like you said..I qualify for pr because Eea national is exercising treaty rights,a d marriage lasted over 3 years and we lived together for over 4 years..I believe it's a mistake
Thank you spike or your time
Pls i need email address ,fax number to forward my complaint ASAP

[spike_UK]

The cover letter says we are returning your document confirming your status and only reason to be in uk is because of Eea national exercising treaty rights
And i can qualify in my own rights to remain in uk...
I got this cover letter when I got my 1st RC.so I was shocked while reading through the letter before opening my passport cos it shouldn't be..
I have submitted decree absolute,bank statement ,p60,payslips,crb,for both myself and my ex...and many more documents on our names
I will complain just like you said..I qualify for pr because Eea national is exercising treaty rights,a d marriage lasted over 3 years and we lived together for over 4 years..I believe it's a mistake
Thank you spike or your time
Pls i need email address ,fax number to forward my complaint ASAP

Hi mate, try NWCSU@homeoffice.gsi.gov.uk and have you rung them yet? you should do.

[Greenie]

You need to live in the UK in accordance with the regulations for 5 years in order to acquire pr. When did you get married and were you living in the UK with your spouse at the time?

[abBY20]

I got married in 2008 and divorced in 2012...he moved in with his girlfriend ,so I filed a divorce and luckily for me most of his bills were still coming,not until lately that he has changed them,but I was lucky to get his payslip as at the time divorce came out so my lawyer told me I will automatically qualify for PR..it's a mix,I will complain and complain just as spike advised me to...

[Greenie]

You don't qualify for pr unless you have spent 5 years in the UK in accordance with the regulations. Unless you had a residence card as an unmarried partner before you got married you won't qualify for pr until 5 years after the date of your marriage assuming you and your husband were living in the UK and he was exercising his treaty rights at that time.

[EUsmileWEallsmile]

Hi all,I applied for eea4 in April on the basis of RoR...
Marriage lasted for over 3 years,and I sent all the evidence with it..
When I got my passport this morning,I found out residence card was repeated instead of a PR.
Is it the HO mistake ?
What should I do in this case .?

Note well Greenie's post. Perhaps you have indeed lived in the UK for five years already, we don't know, but if you have not, note this.

What are you doing in the UK now? You appear to have convinced home office that you qualify for retained right of residence, which is good. You need to read and understand article 13 or directive 2004/38/EC. It applies to your case and there are conditions that you need to comply with if you want to pursue a PR application in the future.

[abBY20]

Thank you all..
@ Greenie and EusmileWesmile.I have read what the article 13 says and I strongly believe I qualify for PR under regulation 10(5)...
Retain of rights can be acquired through divorce or annulment of marriage that lasted for at least 3 years...my marriage lasted for over 3 years
And we must have lived together for a year which I have all the proofs for that..
We are both working ..I provided four years bills and evidence of treaty right..
I have emailed,faxed,sent out my complaint via post..
Will update here soon
Cheers!

[Jambo]

You still haven't answered the (obvious) question:

have you lived in the UK for 5 continuous years? That's the basic requirement.

[sameer2012]

Thank you all..
@ Greenie and EusmileWesmile.I have read what the article 13 says and I strongly believe I qualify for PR under regulation 10(5)...
Retain of rights can be acquired through divorce or annulment of marriage that lasted for at least 3 years...my marriage lasted for over 3 years
And we must have lived together for a year which I have all the proofs for that..
We are both working ..I provided four years bills and evidence of treaty right..
I have emailed,faxed,sent out my complaint via post..
Will update here soon
Cheers!

Hi mate I was in the same situation like you.I had retained right of residence in november 2011. At that time I was thinking to send to passport for PR after retaining my rights(New RC) but because I was short of 1 year and 6 months in order to complete my 5 years on the basis of eea regulations then I didnt apply for PR because my 10 years long residence was due in feb-12 so I waited for this and now I have ILR on the basis of long residence.
So mate you can try but I dont think so u would get PR now unless you complete 5 years under eea regulation.
Its your choice but I think you should hire that solicitor who will put your case again on no win no fee basis.Other wise they have to make money and at the end you would suffer.
Its pretty sure thing without completing 5 years under eea regulations no one would be qualify for PR.I am already a witness of this thing.
Thanks

[askmeplz82]

Thank you all..
@ Greenie and EusmileWesmile.I have read what the article 13 says and I strongly believe I qualify for PR under regulation 10(5)...
Retain of rights can be acquired through divorce or annulment of marriage that lasted for at least 3 years...my marriage lasted for over 3 years
And we must have lived together for a year which I have all the proofs for that..
We are both working ..I provided four years bills and evidence of treaty right..
I have emailed,faxed,sent out my complaint via post..
Will update here soon
Cheers!

Hi mate I was in the same situation like you.I had retained right of residence in november 2011. At that time I was thinking to send to passport for PR after retaining my rights(New RC) but because I was short of 1 year and 6 months in order to complete my 5 years on the basis of eea regulations then I didnt apply for PR because my 10 years long residence was due in feb-12 so I waited for this and now I have ILR on the basis of long residence.
So mate you can try but I dont think so u would get PR now unless you complete 5 years under eea regulation.
Its your choice but I think you should hire that solicitor who will put your case again on no win no fee basis.Other wise they have to make money and at the end you would suffer.
Its pretty sure thing without completing 5 years under eea regulations no one would be qualify for PR.I am already a witness of this thing.
Thanks

I know this is old post. But i have question how could you apply for ILR based on 10 years residence . As far i know time spend on EEA rules doesn't count under 10 years . So the moment you applied under EU rules you are no longer under immigration control.

can you please explain this.