Plan B afer aplying for ILR set LR

AlexAlexAlex · Post by **AlexAlexAlex** » Sat Nov 16, 2013 12:14 pm

Hi All,

I wonder if you can help, i have applyed for my ILR set LR 3 weeks ago,
based on 6 years student visa and , the remaining as non married partner of eea, my relationship with my partner hasn't been going well and just found out that 3 month ago my partner send a leter to HO informing them that we are not together anymore, even hough thats not true and we are sill living together.

my first question is will HO refuse my ILR because of the letter she send them (i have never received anything from HO)

second question is if they refuse my ILR can i switch to work permit sponsored visa (my employee can sponsor me)

thanks in advance for all your help
Alex

Manka10 · Post by **Manka10** » Sat Nov 16, 2013 12:39 pm

Once you have completed 10 years then it doesnt matter if the relationship is existing or not

AlexAlexAlex · Post by **AlexAlexAlex** » Sat Nov 16, 2013 12:51 pm

Manka10 wrote:Once you have completed 10 years then it doesnt matter if the relationship is existing or not

Thanks Manka10, non married member of eea supposed to leave uk is their relationship ends, as she sent the letter to HO 3 month ago without telling me, those this make my stay in UK illegal? and if so one on the conditions of applying for Set LR, is the person should't be in UK more than 28 illegaly

Post by **sheraz7** » Sat Nov 16, 2013 1:07 pm

If for the period you spent under EEA2 RC has demonstrated and attached the necessary evidences that your EEA national partner was exercising its treaty rights then on completion of 10 years you are eligible for ILR on the basis of your continuous residence regardless of your relationship.

AlexAlexAlex · Post by **AlexAlexAlex** » Sat Nov 16, 2013 1:15 pm

sheraz7 wrote:If for the period you spent under EEA2 RC has demonstrated and attached the necessary evidences that your EEA national partner was exercising its treaty rights then on completion of 10 years you are eligible for ILR on the basis of your continuous residence regardless of your relationship.

thanks for reply, what is RC? my partner is not providing me any document, so i am not able to prove she has been excersising her rghts. however i have always applied formy visa ontime and never overy stayed. also i wasn't aware she has sent a letter to HO till today, do you think this will impact my application.
Also if they refuse me, can i apply for work sponsord visa
thanks

Post by **sheraz7** » Sat Nov 16, 2013 1:18 pm

you must have to attach the evidences of treaty rights of your EEA national partner for the time you spent under EEA2 RC in order to count that time as legal continuous residence residence because your rights are actually derived from the activities of your EU national partner during that time which is under EU route in contrary to UK route (PBS) where only the non-eu national's activities count.

AlexAlexAlex · Post by **AlexAlexAlex** » Sat Nov 16, 2013 1:22 pm

sheraz7 wrote:you must have to attach the evidences of treaty rights of your EEA national partner for the time you spent under EEA2 RC in order to count that time as legal continuous residence residence because your rights are actually derived from the activities of your EU national partner during that time which is under EU route in contrary to UK route (PBS) where only the non-eu national's activities count.

do you think they are going to refuse the application as i didn't add this documents (by the way she is not going to give me any document so there is no way for me to provide them to HO)

Post by **sheraz7** » Sat Nov 16, 2013 1:29 pm

Read page 27

Also read alternative option for you. check 5.4.2

AlexAlexAlex · Post by **AlexAlexAlex** » Sat Nov 16, 2013 1:32 pm

sheraz7 wrote:Read page 27

Also read alternative option for you. check 5.4.2

Yes, i have read this but it doesn't mention any document to prove that eea member is excesising trity right

AlexAlexAlex · Post by **AlexAlexAlex** » Sat Nov 16, 2013 1:34 pm

AlexAlexAlex wrote:
sheraz7 wrote:Read page 27

Also read alternative option for you. check 5.4.2
Yes, i have read this but it doesn't mention any document to prove that eea member is excesising trity right

should i switch the application to work permit

Post by **sheraz7** » Sat Nov 16, 2013 1:38 pm

For work permit which is under uk route then you need to apply from home country.

Post by **vinny** » Sat Nov 16, 2013 10:35 pm

Lucapooka wrote:You cannot switch and must apply outside the UK.

AlexAlexAlex · Post by **AlexAlexAlex** » Sat Nov 16, 2013 11:04 pm

vinny wrote:
Lucapooka wrote:You cannot switch and must apply outside the UK.

Thanks for all your help, i am an unmarried partner, hence can not prove I am divorced, also my partner is not giving me any document.

5.4.3 Making an application following divorce or annulment of marriage / dissolution of civil partnership
The following documents must be supplied:
Passports of the non-EEA family members Divorce certificate/certificate showing termination of civil partnership Evidence that at least one of the non-EEA family members is a worker, self-employed or self-sufficient.
If we have not previously issued a Residence Card we must be satisfied that the alleged EEA national is an EEA national and that the non-EEA nationals were living in the UK with the EEA national prior to divorce / dissolution of civil partnership, and that EEA was exercising Treaty rights during that time.

Post by **vinny** » Sat Nov 16, 2013 11:06 pm

sheraz7 is correct. Requirement of EEA partner's exercise of treaty rights is implicit, during your period under consideration as an unmarried partner. Also, as mentioned, Entry clearance from home country is required for UK immigration skilled workers route, if you currently have no leave under the Immigration rules.

Note that although only family members may retain rights of residence as a victim of domestic violence under 10(5)(d)(iv), it may be argued that the provision should equally apply to unmarried partners of EEA nationals.

AlexAlexAlex · Post by **AlexAlexAlex** » Sat Nov 16, 2013 11:18 pm

vinny wrote:sheraz7 is correct. Requirement of EEA partner's exercise of treaty rights is implicit. Also, as mentioned, Entry clearance from home country is required for UK immigration skilled workers route, as you currently have no leave under the Immigration rules.

Note that although only family members may retain rights of residence as a victim of domestic violence under 10(5)(d)(iv), it may be argued that the provision should also apply to unmarried partners of EEA nationals.

thanks for your respnse, I have spoke to 5 imigration lawyers and they wheren't half informed as people in this site.
do i need to widrow my ILR Set LR form HO and apply under EEA rules or shall i wait for outcome of set LR, also should i have sent evidence of my partner excersising her rights with my set LR ( i didn't do this as i don't have any)?

Post by **vinny** » Sat Nov 16, 2013 11:26 pm

There's no point in withdrawing, as you will only lose the fees. You may send further documents to support your SET(LR) application. If your unmarried partner won't give you any documents, then can you get them by other means? If you are refused with a right of appeal, then you may ask the tribunal to help you prove that your unmarried partner has been exercising treaty rights.

AlexAlexAlex · Post by **AlexAlexAlex** » Sun Nov 17, 2013 12:09 am

vinny wrote:There's no point in withdrawing, as you will only lose the fees. You may send further documents to support your SET(LR) application. If your unmarried partner won't give you any documents, then can you get them by other means? If you are refused with a right of appeal, then you may ask the tribunal to help you prove that your unmarried partner has been exercising treaty rights.

sorry to bother you again,so stressed can't sleep

. those this mean HO will refuse my application becase i didn't provide evidence of partner excersising trity right

Post by **vinny** » Sun Nov 17, 2013 12:25 am

Unfortunately, there is a possibility of a refusal, if they are not satisfied that you meet with the requirements. Try to supply further documents.

The following may help with stress:

Smile; relax; be patient.

Sound and Peaceful Sleep.

Post by **Amber** » Sun Nov 17, 2013 2:23 am

How is your partner exercising treaty rights? Is this by employment? If so, where are the wages paid? A joint account?

Do you have children, have you established a 'durable relationship'?

AlexAlexAlex · Post by **AlexAlexAlex** » Sun Nov 17, 2013 12:15 pm

D4109125 wrote:How is your partner exercising treaty rights? Is this by employment? If so, where are the wages paid? A joint account?

Do you have children, have you established a 'durable relationship'?

Yes she is in full time employment and been since 2004, her wages is paid to her account and i don't have access to her acconut, i got access to her P60, do you think should i just copy the P60s and send them to HO.
We do not have any kids but been living together for past 10 years and i can prove it to HO or whoever necessary ( she sent a letter to HO saying we haven't been living as a partners since 2010 which is not ture)

Post by **Amber** » Sun Nov 17, 2013 1:03 pm

Yes p60s seem good. Send proof also of cohabitation since 2010 and a subsisting relationship/durable relationship if you can. Perhaps inform them of any mental health issues your partner may have.

AlexAlexAlex · Post by **AlexAlexAlex** » Sun Nov 17, 2013 1:13 pm

D4109125 wrote:Yes p60s seem good. Send proof also of cohabitation since 2010 and a subsisting relationship/durable relationship if you can. Perhaps inform them of any mental health issues your partner may have.

Thanks again for all your help, do i need t certify the copies of p60 or a simple copy is enough?

Regarding the durable relationship, i can prove we have been living in same address, which she also adimts in her letter to HO, we also been going holidays together shall mension these too? can you think of anything else to support durable relationship?
we do not have joined bank account

or fanancial products

Immigrationboards.com: Immigration, work visa and work permit discussion board

Plan B afer aplying for ILR set LR

Plan B afer aplying for ILR set LR