EEA national without PR, cannot sponsor fiancee anymore

[Obie]

New changes has been incorporated into the immigration rules, which has the effect of depriving EEA national who are qualified person, to sponsor fiancee or proposed Civil partnership visa in the future.

See Statement of Changes.

[vinny]

Indeed.

Changes to the Immigration Rules relating to family life
7.33 The following minor changes and clarifications are being made to the Immigration Rules relating to family life:
To make clear that non-EEA national fiancé(e)s and proposed civil partners of EEA nationals who do not have a right of permanent residence in the UK cannot apply for entry clearance as a partner under Appendix FM to the Immigration Rules. Such persons cannot enter the UK under the EEA Regulations unless they have been in a durable relationship with the EEA national for at least 2 years, which is comparable to the requirement for entry clearance as an unmarried or same sex partner under Appendix FM;

Possible only for EEA nationals with PR:

4. In paragraph 6 after the definition of “present and settled” insert:
“For the purposes of an application as a fiancé(e) or proposed civil partner under paragraphs 290-295 or Appendix FM, an EEA national who holds a document certifying permanent residence issued under the 2006 EEA Regulations is to be regarded as present and settled in the United Kingdom.”.

[Obie]

Yes Vinny, i agree that EEA national with PR, will continue to benefit, but simply been a qualified person, will not confer on you this right. Essentially, EEA national with extended right of resident will not qualify, only those with PR will.

Wonder why the UK decided to take this backward step.

[vinny]

I'm surprised that they are throwing away the expensive fees for these applications.

[UKBA HUNTER]

Will that affect EEA family permit which is like an entry clearance for non-eu national to join and live in uk with Eu national partner?

[Obie]

It seems that creating certain impression means a lot more to the UK government than money.

As we approach April, when Estonian and German issued residence card will be accepted in lieu of EEA family permit, the UK seem to to take with one hand and give with another.

They seem to have forgotten completely about REED, which is why the immigration rules was designed in the first place.

They cannot rely on Kaba to justify these changes for sure.

Essentially, they are telling EEA national, that you are not welcome to get married here, especially if you don't have PR.

British national, you can have you proposed civil partner or fiancee with you, but EEA national you cant.

[UKBA HUNTER]

Yes Obie your perspective over this matter is absolutely right that on one side they giving but other side they taking back much.

[Sara Basim]

Hi

When would this rule be applied please? Is it on the 1st of April

If my husband send the EEA family permit application before that date would this rule be applied on him anyways.

Kind Regards

[dalebutt]

Hi

When would this rule be applied please? Is it on the 1st of April

If my husband send the EEA family permit application before that date would this rule be applied on him anyways.

Kind Regards

No, this will have no effect on married couples.

[Riso]

I understand that as an EU citizen we will not be able to get an EEA Family permit anymore for our non EU fiancé if we have not been in a durable relationship for at least 2 years?

This is exactly my case as my Colombian partner was planning to apply for a family permit as my fiancé (I am Dutch, living in the UK since 2 years). We have been together for 1 year, but have never officially lived together. We wouldn't mind to get married right now, but the case is just that my partner will need some sort of visa to visit this country to get married and both the marriage visitor and fiancé visa don't seem right for our case.

Does anyone please know when they are going to apply this rule, and if you think there would be any other solution for us? The only one I could think of was to get married in either his or my country, but that is gonna take a lot of time and money because of the flights..

[Riso]

I found these dates in the document linked above ( https://www.gov.uk/government/uploads/s ... ssible.pdf )

The change set out in paragraph 92 of this statement shall take effect from 5 May
2014.

The changes set out in paragraphs 170 to 172 and 174 to 196 of this statement shall
take effect from 1 July 2014. However, if an applicant has made an application for
entry clearance or leave before 1 July 2014, the application will be decided in
accordance with the Rules in force on 30 June 2014.

The other changes set out in this statement shall take effect from 6 April 2014.

I will continue reading to see what this actually means..

[nico10]

It seems that creating certain impression means a lot more to the UK government than money.

As we approach April, when Estonian and German issued residence card will be accepted in lieu of EEA family permit, the UK seem to to take with one hand and give with another.

They seem to have forgotten completely about REED, which is why the immigration rules was designed in the first place.

They cannot rely on Kaba to justify these changes for sure.

Essentially, they are telling EEA national, that you are not welcome to get married here, especially if you don't have PR.

British national, you can have you proposed civil partner or fiancee with you, but EEA national you cant.

Hello Obie,

I'm a non EEA National got a PR through marriage to an EEA National. However, I have divorce before I got my PR.. Now I want to get marry to a non EEA National, can you please advice on what he or she will be applying for ? Either under EEA application EEA2 or Under British section application for leave of extension.

Can you please give me a clear understanding on this , I will look forward to your prompt reply . Many thanks Obie

Regards,

Nico10

[Obie]

She should apply under the Immigration rules, appendix FM, and provided you meet the financial requirement, and you are in a genuine relationship, and she passes an English language test, or originate from and English Majority country, then she will be fine.

[chaoclive]

It seems that creating certain impression means a lot more to the UK government than money.

As we approach April, when Estonian and German issued residence card will be accepted in lieu of EEA family permit, the UK seem to to take with one hand and give with another.

They seem to have forgotten completely about REED, which is why the immigration rules was designed in the first place.

They cannot rely on Kaba to justify these changes for sure.

Essentially, they are telling EEA national, that you are not welcome to get married here, especially if you don't have PR.

British national, you can have you proposed civil partner or fiancee with you, but EEA national you cant.

I take it this doesn't affect the rights of an Irish person (an EEA citizen with special and more rights in the UK than other EEA nationals)? Just curious.

[nico10]

She should apply under the Immigration rules, appendix FM, and provided you meet the financial requirement, and you are in a genuine relationship, and she passes an English language test, or originate from and English Majority country, then she will be fine.

I do earn an income more than £18600 a year, the relationship is genuine, She already graduated with a masters degree here in the Uk,whereby English test won't apply to her. Thanks Obie for the clarification

Nico

[abb-tol]

hi im about to apply for pr after i divorced my eea national partner on next jan ill be 5 years from date of marriage but on section 12 of eea4 form there is something about family members which i can apply for them with me does this include my new wife which is not in uk and not an eu national?

[dalebutt]

Seriously? You already have a wife in your home country whilst being married with your EU wife, How are you sure you will be divorced with your EU wife by January?

[NithyaN]

New changes has been incorporated into the immigration rules, which has the effect of depriving EEA national who are qualified person, to sponsor fiancee or proposed Civil partnership visa in the future.

See Statement of Changes.

Can a EU national marry a non European citizen who has expired EEA family permit ?

[Obie]

Certainly.

I most say your question is not consistent with the topic on this thread.

[Wise]

Please Obei,i just want to appreciate you for all your brave thought on this so call EEA applications.
But my own case is like this.
1, Got my first residence card in September 08/2009 till Aug 2014.

2, Sent my EEA4 application for permanent residence card on Retaining Right of Residence after Divorce 1/9/2014 and just 4weeks i received 3 letters which include COA great.

3, Just on the 14/11/2014 i received my passports back with another 5years residence card with letter saying am still a family member
of an EEA just like same letter you get when you first have 5years.

4, I call the home office twice the operator said he will e mail my case worker and get back to me but up till now they never.

5, Finally,what i don't understand is my marriage is 4years and i post all relevant docs like bills.p60s of my ex 2008 to 2012.
My p60s is for 5 complete years.

PLEASE I NEED YOUR HELP ON WHAT TO DO NEXT BECAUSE AM CONFUSED WITH THIS KIND OF STATUS. THANKS

[kevin111]

Hi Everyone.
My case started when I met my fiancée around mid 2012, she's German. I overstayed about 2years but anyway we moved in together same year. Around late 2013 we decided to get married and we gave notice at the Registry. We were given a date, but unfortunately, UKBA burst in that lovely morning where we were taken to different rooms for interrogation. I was arrested that day and detained for almost a month. While I was there we applied for eea2 family permit (RC), 2 weeks after I was released. My uncle and my finacee were my sureties. A week after that the application was refused. But I have been signing since then till date. We appealed, and a date was given after several months. 4 days before the appeal I received a letter saying that the HO have withdrawn. Since 11months we haven't heard anything from them.
Documents sent includes: 2years Payslips, comprehensive insurance for both of us, employment contract, tenancy agreement, letter friends, over 500pics, joint bank statements, Aviva insurance etc....
I am really worried about this whole thing, is taking too long...this is a genuine relationship.
Please guys enlighten me if you have been in this kind of situation???

Looking forward to hearing from you all.
Thanks

[Marcora]

Hi there, I would like to have a little bit more clarification regarding this issue:

Do it mean that unmarried partners should apply as unmarried partners rather than engaged partners to have more chance for the visa to be accepted?
I thought that by being engaged, it would prove that the couple is "in a durable relationship akin to marriage"...

Please let me know.

[junaid7785]

hello everyone am new to this forum looking for good genuine advice,
am a uk citizen who is married to a non eea citizen since 2011,i applied in 2013 and failed to bringing my spouse to uk,our application was put on hold because of some court case involving sectary of state,7 or 8 mouths later we were refused because i did not meet the financial threshold,tax years mix up,i was advised by solicitors to appeal and told that the judge would look at the time of refusal and based on that we would be successful,cut a long story short i was systematically riped off by solicitors, got in contact with legal obusdment to complain uploaded all my docs then they wanted my wife to write in a statement saying she gives me permission to act on her behalf,its crazy rant over.can someone please help me understand the surinder sing route? looking to go to Dublin or the outskirts of Dublin,need to find accommodation work etc,any help and advice would be much appreciated.

[LilyLalilu]

http://www.immigrationboards.com/eea-ro ... 14867.html (scroll down to Surinder Singh section)
It may also be helpful to create your own post in the forum, you may get more replies than here.