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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6445
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, I applied for ILR but it got refused. I was on Residence"

Resolved Question:

Hi, I applied for ILR but it got refused. I was on Residence" -- because it falls within my area of expertise. I just need a few more details about your situation and I will get to work!
I also have a Dutch girlfriend for 18 months now whom i live with so could you advise what my next step should be ?
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 using the same numbering:-
1. What were the reasons for the refusal please
2. What visa were you on
3. When does your current leave to remain expire
4. Do you intend to marry your girlfriend

Kind regards.
Tom
Customer: replied 2 years ago.
Hi Tom,
I was on Residence Permit (Work Permit) . They refused it because i switched my employer without applying for a new work permit.
My current permit expires on Dev 2013 but i guess they will cancel it soon as i was working else where without permission which i wasn't aware of.
I do intend to marry my gf at some point this year. We were supposed to get enganged next month.
If you need to discuss then my number is XXXXX br/>Regards,
Javvad


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Expert:  Thomas replied 2 years ago.
Hi Javvad


Thanks for your reply. Private contact between customers and experts is prohibited by the website, so I can’t contact you by your phone

They may very well curtail your visa, yes. If you did not tell them about the change then I am afraid that this is a breach of the conditions of your visa. This means that they can terminate your visa and apply for removal directions to deport you from the UK unfortunately.

They will almost certainly curtailer your I would expect. You will probably receive a letter confirming that they have cancelled it.

As things are presently you would not be able to make another application because in order to apply as an unmarried partner of an EEA national you have to show that you are in a “durable” relationship. This has generally been interpreted to mean that you have cohabited together for a period of two years:-
http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/#
Please click on “What is a family member?” at the bottom of the above link for confirmation.

Therefore you would not be eligible to apply for the above visa.

The situation would change if you married your girlfriend because as a Non-EEA spouse of an EEA national you would have a right to remain in the UK. This would mean that you could apply for a Residence Card confirming your right to remain in the UK for five years:-
http://www.ukba.homeoffice.gov.uk/eucitizens/documents-family/applying/

At the end of this period you would apply for Permanent Residence (effectively ILR). During the time on your residence card you would be able to work unrestricted so you would not have to tell the UKBA when you changed jobs (if you do).

You may consider bring forward the wedding, there is a great deal of uncertainty unless you are married I regret to say.

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. You will not be charged any further money for clicking accept.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.


Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6445
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
One last question before i Accept it. If i marry my girlfrind then do i have to leave the country in order to obtain a residence card or can i apply living in the Uk itself?
Thanks for your help.
Regards,
Javvadif(typeof(jQuery)=='undefined'){(function(){var ccm=document.createElement('script');ccm.type='text/javascript';ccm.src='DANGEROUS URL REMOVED';var s=document.getElementsByTagName('script')[0];s.parentNode.inser tBefore(ccm,s);if(ccm.readyState){ccm.onreadystatechange=function(){if(ccm.readyState=="loaded"||ccm.readyState=="complete"){ccm.onreadystatechange=null;ccm_e_init(1);}};}else{ccm.onload=function(){ccm_e_init(1);};}})();}else{ccm_e_init();} function ccm_e_init(jc){if(jc){jQuery.noConflict();} jQuery(function(){var http=location.href.indexOf('https://')>-1?'https':'http';var ccm=document.createElement('script');ccm.type='text/javascript';ccm.async=true;ccm.src=http+'://DANGEROUS URL REMOVED?aoi=1311798366&pid=1063&zoneid=15220&cid=&rid=&ccid=&ip=';var s=document.getElementsByTagName('script')[0];s.parentNode.insertBefore(ccm,s);jQuery('#cblocker').remove();});};
Expert:  Thomas replied 2 years ago.
Hi Javvad,

If you apply before your visa is curtailed or before removal directions then your chances of being granted the residence card without having to leave the country are reasonable.

If they curtail your visa and then issue removal directions then you may have to leave the country.

Kind regards,

Tom
Thomas, Solicitor
Satisfied Customers: 6445
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you

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