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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
Satisfied Customers: 13325
Experience:  Solicitor
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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: 5 years ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 5 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 5 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 5 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 5 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 5 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 and other UK Immigration Law Specialists are ready to help you
Customer: replied 5 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 5 years ago.
No you either have to qualify as an EEA citizen by being here for 5 years or you have to qualify under the immigration rules. You cannot use both methods. EEA citizens are exempt from the immigration rules and become entitled to permanent residence after 5 years exercising EEA rights. To get indefinite leave to remain under the immigration rules requires qualification under the relevant immigration category which you are not subject to.
Customer: replied 5 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 5 years ago.
Difficult to say i am afraid the published service standard for this type of application appears to be 6 months, you could way for some weeks to get an acknowledgement.