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Hi. Thank you for your reply.rosebead wrote:Applying for EEA Family Permit straight after you get married in Cyprus might I suspect trigger accusations of marriage of convenience as is often the case with Home Office. In that case, to satisfy the HO that it isn't a convenience marriage they generally require proof that you've had a durable relationship for at least 2 years.
The other issue is that the UK now requires the British sponsor to have transferred his centre of life to the host EU country in order for you to qualify for an EEA FP. Before coming back to the UK I would say that your partner had indeed moved his centre of life to Cyprus as he is employed there and he had lived there for 3 years, but knowing how the minds of UKVI caseworkers work they might say that your husband has now moved his centre of life back to the UK in the last 5 months. Obviously it would be better if you and your partner returned to Cyprus pronto if you wish to make it look like his centre of life is still in Cyprus and not the UK. Ideally after you get married, I'd stay a few months more in Cyprus before you apply for the EEA Family Permit, but it's up to you.
rosebead wrote:Try it and see - you won't lose anything and it's free to apply for FP. It's hard to predict how UKVI caseworkers will see it as it seems they try to find any excuse to reject an application. You said you have been in UK since December so that is actually 5 months, which UKVI caseworkers might view as an unusually long holiday. I'm not sure how your partner has Permanent Residence status in Cyprus as under Directive 2004/38 it takes 5 years to achieve that (unless you mean that he has "domestic" indefinite leave to remain in Cyprus as opposed to EU-type Permanent Residence). In the Directive only stays of under 6 months away from a host country are considered "temporary absences" if you're not an EU-type permanent resident. I don't feel your habitual residence is in the UK from what you've told me, but as I said it's hard to predict how UKVI caseworkers will view it. I do recommend that you both return to Cyprus at least before your stay in the UK becomes 6 months.
Generally for newlyweds it's recommended that you have as backup 2 years evidence of a durable relationship in case of accusations of convenience marriage.
Thank you very much.rosebead wrote:No I'm afraid your partner is not a Permanent Resident - a Registration Certificate is something that an EU citizen can obtain as part of an administrative formality in his host country. Therefore if he does not wish to break the continuity of his residence he should not be absent from his host country for more than 6 months.
Just go ahead with your plans, you may still get an EEA Family Permit. I'm just saying that these might be the possible issues that could crop up, but then again they might not. Even if you get refused, you can appeal and/or apply again as much as you like. Sooner or later you will most certainly get the EEA FP, but it might be that you will have to live in Cyprus for a bit (no more than 6 months at the most I reckon).
On the other hand, he is also entitled for Italian passport because his father is italian, he can just go to Italian embassy, pay and get it on the same day or next day. Do you think its worth it to just get an italian passport?rosebead wrote:Yes the 5 month UK stay could be an issue, plus the application for EEA FP straight after the marriage. But it really depends on the UKVI caseworker that you get, as some are lenient and others are unreasonably harsh.
Oh I see. That is a big thing. Never mind. Our flight is Saturday, will apply maybe 2 days after the wedding so let's see and will let you know. I will post a new thread about my husband's declaration, please check it out and tell me if it ok.rosebead wrote:Your partner would then have to renounce his British citizenship, as the HO's restrictive view is that if you have British nationality (even if you have another EU nationality) then you are British, and so your partner would still have to complete the Surinder Singh route so that you can obtain EEA FP. Renouncing British citizenship is a big step.
Thanks, I really need a goodluck. Lol. Will let you know what happen on the application in the future.rosebead wrote:No prob, good luck