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EEa Residence Card Application for Overstayer

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

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sweetha76
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Posts: 11
Joined: Mon Aug 24, 2015 12:37 pm

EEa Residence Card Application for Overstayer

Post by sweetha76 » Mon Apr 11, 2016 12:54 am

Hello users,

I have been on this forum for quite some time and tried to find a similar case, but wasn't successful. Here is my situation, I hope you have got some advice for us:

I am a German citizen and my partner a Sri Lankan national.
We have been together in a relationship for nearly 5 years now and have been living together for nearly 4 years.
He came in 2009 as an asylum seeker and his case was not accepted and he exhausted all his appeal rights in 2010. Since then he has been a overstayer. I came in 2011 and have been working since then, but decided to start studying in 2015 and work part time. Since we live together I have been his main provider. In 2014 we decided to apply for a residence card as we were already living together for 2 years and had enough prove (apparently not). They refused it and we decided to apply again, with the asked information, also stating that his passport was taken by the agent, who brought him to the UK and that he has got no other form of ID, except for his birth certificate and copies of his passport. Also obtaining a passport through the embassy is not possible, as they only issue passports for citizens with valid visas (It is a vicious circle).
Now back to the case, after 2 years of waiting, applying and wasting money, I am out of merit on what to do? Has someone experienced anything similar? Can anyone help me out?

Thank you

member
Member of Standing
Posts: 297
Joined: Thu Sep 29, 2011 7:23 am

Re: EEa Residence Card Application for Overstayer

Post by member » Mon Apr 11, 2016 1:58 am

sweetha76 wrote:Hello users,

I have been on this forum for quite some time and tried to find a similar case, but wasn't successful. Here is my situation, I hope you have got some advice for us:

I am a German citizen and my partner a Sri Lankan national.
We have been together in a relationship for nearly 5 years now and have been living together for nearly 4 years.
He came in 2009 as an asylum seeker and his case was not accepted and he exhausted all his appeal rights in 2010. Since then he has been a overstayer. I came in 2011 and have been working since then, but decided to start studying in 2015 and work part time. Since we live together I have been his main provider. In 2014 we decided to apply for a residence card as we were already living together for 2 years and had enough prove (apparently not). They refused it and we decided to apply again, with the asked information, also stating that his passport was taken by the agent, who brought him to the UK and that he has got no other form of ID, except for his birth certificate and copies of his passport. Also obtaining a passport through the embassy is not possible, as they only issue passports for citizens with valid visas (It is a vicious circle).
Now back to the case, after 2 years of waiting, applying and wasting money, I am out of merit on what to do? Has someone experienced anything similar? Can anyone help me out?

Thank you
What were the reasons printed in the refusal letters?

sweetha76
Newly Registered
Posts: 11
Joined: Mon Aug 24, 2015 12:37 pm

Re: EEa Residence Card Application for Overstayer

Post by sweetha76 » Tue Apr 12, 2016 11:46 am

The reason was that he has got no passport. I have been trying to get one from the embassy and they have denied the request. But as the guidance note says, if we can not provide a passport, we should explain why and I consider this, as a situation, which is out of our hands. I have also another question? I would like to know, what type of proof of living together we can provide additionally.
We do have a tenancy agreement, a letter from our landlord confirming both of us living there, gas and electric bill in his name, council tax bill in my name and the other co tenant. We can't have a joint account, as he can't have legally a bank account, but I managed to add him as a co cardholder on my creditcard, we have a letter confirming this and our cards, letters from our GP. What else can we do to prove our living together?

sweetha76
Newly Registered
Posts: 11
Joined: Mon Aug 24, 2015 12:37 pm

Re: EEA Residence Card Application for Overstayer

Post by sweetha76 » Thu Apr 14, 2016 2:23 am

Hi,

Can anyone help with the above matter?

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