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Possible only for EEA nationals with PR:EXPLANATORY MEMORANDUM wrote: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;
Statement of Changes wrote: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.”.
No, this will have no effect on married couples.Sara Basim wrote: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
Obie wrote: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.Obie wrote: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 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 clarificationObie wrote: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.
Obie wrote: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.