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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6261
Experience:  BA (Hons), PgDip, Practising Solicitor
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Dear Immigration Law Expert, I need help with... After arrival

Resolved Question:

Dear Immigration Law Expert, I need help with...

After arrival in the UK, and having applied for residency upon arrival, can I remain in the UK until a decision has been made by immigration authorities for as long as it take for them to decide?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. What nationality are you
  • 2. What visa did you have when you entered the UK

Kind regards.

Tom

Customer: replied 2 years ago.
Dear XXXXX,
Thank you for furthering the information requested.
I am Canadian by birth and Australian by naturalization.
When I entered the UK in April 2009, I entered on the Spanish Residency card. That residency has, however, expired in the meantime. I suspect that I would have to begin a residency application from the very beginning again? Or would the UK recognize an expired Spanish residency card as the start of a new application?
Thank you for your time.
And, Merry Christmas wishes, from Australia.
Yours truly,
David Henrys.
Expert:  Thomas replied 2 years ago.

Hi David,

 

Merry Christmas.

 

Was your Spanish residency card granted to you giving you permanent residence because you spent an extended period of time in Spain (or were possibly married to a Spanish nationali)?

 

Did you enter the UK on your own or with your wife/partner?

 

Kind regards,


Tom

Customer: replied 2 years ago.
Hello Tom,

Yes, my Spanish residency card was granted at the end of December 2009 for permanent residency after my 3-month tourist visa was about to expire - it took all of October to December for my residency application for Spain to be approved, although any following residency cards would have to be renewed beginning the following October 2010, which would then result in a new two-year residency. After those two years, further renewal which would grant me continued residency for five years, but I would need to renew every five years after that. I still have it in my possession albeit expired, as the UK Customs did not demand it on arrival nor on departure from London.

I spent 6-1/2 months in Spain, then decided that it was not where I wanted to retire to.

I did not marry a Spanish national

I left Spain mid April 2010 and entered the UK, passing through Customs on that European residency card instead of presenting my Australian passport (I had applied to Spain on my Australian passport). I was in London for 4 weeks, ie, until mid May 2010, when I returned to Australia.

I fell in love with London as the English traditions and language were more of what I was acquainted with. Plus, I have friends there, including a Canadian friend. I would have wanted to remain there longer but had to procede on back to Australia to look after my household effects before traveling again. In the meantime the Spanish residency card expired.

I suppose a question which arises out of this is, would the UK recognize and accept an application for residency based on an expired European residency card?

Will look forward to your next reply.

Regards,

David
Expert:  Thomas replied 2 years ago.

 

Hi David,

 

Thanks for your reply.

 

I'm afraid that each EEA member state remains sovereign in this respect, so though you may have been able to enter the UK on your PR card you would have to apply for Permanent Residence//Indefinite Leave to Remain in the UK after spending a new period of 5 years in the UK with legal leave to remain/work here.. Even EEA member state nationals do not have the right of residency in the UK - it's a right to exercise their treaty rights by working here, not a right to remain here indefinitely. If they want to stay indefinitely they would have to apply for PR/ILR in the same way you will.


Once you have obtained ILR/PR and held this for twelve months then you would be eligible to apply to be naturalised as a UK citizen.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

Thomas, Solicitor
Satisfied Customers: 6261
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you, XXXXX XXXXX that further info, which is most helpful.

From previous information given on this site, I understand that I should be able to initiate applications for PR and ILR either outside now or within the UK upon my next holiday visa. Is that right?

Thank you once again.

David
Expert:  Thomas replied 2 years ago.

Hi,

 

You can only apply for PR/ILR once you have been in the UK continuously for a period of 5 years with legal leave to remain/work. You can't apply from outisde the UK, nor can you do so on a visitor's visa because these are only granted for short periods of time (6 months).


Thanks for your kind accept.

Kind regards,


Tom

Customer: replied 2 years ago.
Thank you, XXXXX XXXXX must have misunderstood a previous reply. Your consultations have been most informative.
Best wishes,
David
Expert:  Thomas replied 2 years ago.

You're welcome.

 

Have a pleasant day.


Tom

Customer: replied 2 years ago.
Oh, just one more question please.

Would consultation with an Immigration Lawyer be to my advantage I wonder?
Expert:  Thomas replied 2 years ago.

They would just give you the same advice I'm afraid...

Tom

Thomas, Solicitor
Satisfied Customers: 6261
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
Hello Tom Graham12,
It is kind of you to have sent further info via the queries and feed-backs for other clients. It seems that each person(s) requires attention by Immigration officials based on their unique situation(s).
As yet, in my own case, I am not ready to further pursue my plans in spite of the questions which I had, and so no further questions at this time. In my own situation, I also have to consider one of my pensions which will be reduced after six months of being out of the country, so it is important that I travel and stay for only 6-months at a time wherever I go and then return Oz so as to continue receiving the highest income. An, "overstay", would be out of the question for me I'm sure.
Thank you again for your kind help and offers.
Expert:  Thomas replied 2 years ago.
Your welcome David, good luck.
Thomas, Solicitor
Satisfied Customers: 6261
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you

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