How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Senior Partner Your Own Question

Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
Satisfied Customers: 13250
Experience:  Solicitor
18726264
Type Your UK Immigration Law Question Here...
Senior Partner is online now
A new question is answered every 9 seconds

Im a non-EEA national on a 5 year Residence Card which expires

Customer Question

I'm a non-EEA national on a 5 year Residence Card which expires in March this year. I've obtained it through marriage which lasted for less than three years, however, I've retained rights of residence on the basis that there was a child in the marriage which I have access to. Given my circumstance, do I qualify for a Permanent Residence, if "yes", what specific application do I have use for this criteria? In your response consider that I've initially came to the UK in 2004 as a Working Holidaymaker. And, kindly, don't refer to any website, assume that I'm aware of them. All I need is a professional advice today.
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 2 years ago.
Can you please confirm that you applied to and were expressly permitted to retain the rights of residence? What nationality is the child and does he or she live with you?
Customer: replied 2 years ago.
I don't live with my child and he's Portuguese by nationality since his mother is Portuguese.
I automatically continued on my current Residence Card, I understood I didn't have to make any application provided I retain rights of residence on the basis of having access to a child resident in the UK.
Expert:  Senior Partner replied 2 years ago.
Yes provided a court has ordered access in the UK then you will have retained the right to residence. The regulations specifically require that there is a court order for access in the UK . In addition you need to be employed or self employed or able to demonstrate you are self supporting. If you meet all of those requirements then you can apply for permanent residence at the expiry of the 5 year period you will need to apply on form EEA4

Customer: replied 2 years ago.
Briefly, a court order states that 'I HAVE FULL PARENTAL RESPONSIBILITY', to your knowledge, would that not suffice?
However, I also hold a sworn statement/affidavit from the child mother that I'm maintaining contact with the child.
Lastly, would it be appropriate for me to make an application anytime from now?
Expert:  Senior Partner replied 2 years ago.
The UKBA guidance on the subject simply says that you need to retain the right of access so you should be ok although strictly the conditions set out in the regulations specifies a court order for access in the UK.

you have to have completed 5 years residence when you apply and there is no provision for early application

Senior Partner, Solicitor
Satisfied Customers: 13250
Experience: Solicitor
Senior Partner and other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
Hello again.

There one more thing I'd like to have some clarity on. I first entered the UK in 2004 as a working holidaymaker, under the UK Law, which means I've now been in the UK for at least 7 years. Given that, does it qualify me to make an application outright for a Permanent Residence?
Expert:  Senior Partner replied 2 years ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying £3.
If you've already paid for this answer, simply Login.
Customer: replied 2 years ago.
Hello again.

I would finally like to know how long does it normally take to receive an Acknowledgement Letter from the Home Office right after my application. For it's important for me to submit the document to my employer as proof that I've got a pending application at the Home Office.
Expert:  Senior Partner replied 2 years ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying £3.
If you've already paid for this answer, simply Login.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience