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Change of partner EEA2 application

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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aamir22
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Posts: 12
Joined: Sat Feb 07, 2015 3:46 pm

Change of partner EEA2 application

Post by aamir22 » Sat Feb 07, 2015 3:58 pm

Hi all
I need some advice please, I will try to explain my situation as accurate as possible,
I am in UK over 10 years, I have came to UK as student my last student visa expired in
Nov 2008 and then I have been living in UK without Visa, i have applied for unmarried partner
Visa in 2010 on the basis of my EU national girlfriend, it was refused and then we went through court I have been given 2.5 years visa in Feb 2013 but sadly it was too late financial difficulties and some other family issues went too tough on us and my relationship ends with my partner by her before even my visa arrived.
I have been single for awhile then get into a another relationship and since then I am living with my girl friend, we do have a baby togather.
My partner is from Czech republic and she is working part time and earned 8K/year, I am working as full time and earned 25k/year.
We are not married but now living together nearly 2 years.
My visa extension is due in few months’ time. We are worried if Home office will give visa extension as my partner is change and I have never informed the home office about it (to be honest I wasn’t aware that I was suppose to informed them).
My questions are,
Can I get the visa extension on the same 10 years family route ?
Can I apply for EEA2 visa ?
Please advise what I can do to prevent the peace of my family life.
Thank you very much for taking time to read.

Kind Regards
A

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Change of partner EEA2 application

Post by Obie » Sat Feb 07, 2015 11:06 pm

on what basis were you granted the last visa?
Smooth seas do not make skilful sailors

aamir22
Newly Registered
Posts: 12
Joined: Sat Feb 07, 2015 3:46 pm

Re: Change of partner EEA2 application

Post by aamir22 » Sun Feb 08, 2015 12:04 pm

thank you for the reply, I have been granted on the basis of private family life under article 8. I have been living with my ex more then 2 years. we won the appeal on first tribunal.

Please advise what shell I do and which route I should apply my new visa.

thank you very much.

aamir22
Newly Registered
Posts: 12
Joined: Sat Feb 07, 2015 3:46 pm

Re: Change of partner EEA2 application

Post by aamir22 » Wed Feb 11, 2015 9:18 pm

any advise guys ? please

aamir22
Newly Registered
Posts: 12
Joined: Sat Feb 07, 2015 3:46 pm

Change of partner

Post by aamir22 » Sat Feb 21, 2015 4:37 pm

Hi all
I need some advice please, I will try to explain my situation as accurate as possible,
I am in UK over 10 years, I have came to UK as student my last student visa expired in
Nov 2008 and then I have been living in UK without Visa, i have applied for unmarried partner
Visa in 2010 on the basis of my EU national girlfriend, it was refused and then we went through court I have been given 2.5 years visa in Feb 2013 but sadly it was too late financial difficulties and some other family issues went too tough on us and my relationship ends with my partner by her before even my visa arrived.
I have been single for awhile then get into a another relationship and since then I am living with my girl friend, we do have a baby togather.
My partner is from Czech republic and she is working part time and earned 8K/year, I am working as full time and earned 25k/year.
We are not married but now living together nearly 2 years.
My visa extension is due in few months’ time. We are worried if Home office will give visa extension as my partner is change and I have never informed the home office about it (to be honest I wasn’t aware that I was suppose to informed them).
My questions are,
Can I get the visa extension on the same 10 years family route ?
Can I apply for EEA2 visa ?
Please advise what I can do to prevent the peace of my family life.
Thank you very much for taking time to read.

Kind Regards

lomik
Newly Registered
Posts: 15
Joined: Wed Feb 18, 2015 9:15 pm

Re: Change of partner

Post by lomik » Sun Feb 22, 2015 1:07 pm

hi . I hope you baby has a british passport already, if no try to get one as it is qualified to do so . you need to applie again base on your relationship with your second partner as you spend more than 2 years with here. but make sure you get a british passport for your child as that is going to give more weight to your new appplication. use form flr(fp) on 10years partner route

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Re: Change of partner

Post by Greenie » Sun Feb 22, 2015 7:26 pm

lomik wrote:hi . I hope you baby has a british passport already, if no try to get one as it is qualified to do so . you need to applie again base on your relationship with your second partner as you spend more than 2 years with here. but make sure you get a british passport for your child as that is going to give more weight to your new appplication. use form flr(fp) on 10years partner route
On what basis do you think his baby is British? Unless the mother has PR the baby is not British and the OP has not indicated that the mother has PR.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Change of partner

Post by Obie » Sun Feb 22, 2015 9:52 pm

aamir22 wrote:Hi all
I need some advice please, I will try to explain my situation as accurate as possible,
I am in UK over 10 years, I have came to UK as student my last student visa expired in
Nov 2008 and then I have been living in UK without Visa, i have applied for unmarried partner
Visa in 2010 on the basis of my EU national girlfriend, it was refused and then we went through court I have been given 2.5 years visa in Feb 2013 but sadly it was too late financial difficulties and some other family issues went too tough on us and my relationship ends with my partner by her before even my visa arrived.
I have been single for awhile then get into a another relationship and since then I am living with my girl friend, we do have a baby togather.
My partner is from Czech republic and she is working part time and earned 8K/year, I am working as full time and earned 25k/year.
We are not married but now living together nearly 2 years.
My visa extension is due in few months’ time. We are worried if Home office will give visa extension as my partner is change and I have never informed the home office about it (to be honest I wasn’t aware that I was suppose to informed them).
My questions are,
Can I get the visa extension on the same 10 years family route ?
Can I apply for EEA2 visa ?
Please advise what I can do to prevent the peace of my family life.
Thank you very much for taking time to read.

Kind Regards
You may need to apply as a Durable partner.

How long has your Girl Friend been in the UK for.
Smooth seas do not make skilful sailors

aamir22
Newly Registered
Posts: 12
Joined: Sat Feb 07, 2015 3:46 pm

Re: Change of partner

Post by aamir22 » Sun Mar 01, 2015 4:00 pm

thank you all for replying, she is in the UK almost 9 years, last 5 years she is been working but there were few months Gap 3 or 4 months she did not apply for job seekers as she did not need it, in May 2010 she got her work registration certificate from Home office. we were planning to get married and we have given the notice and in April we are going to get married unless UKBA shows up and stop it, we are not worried about anything else as we are a genuine couple and have a baby together and too many more things to prove that it is not sham marriage or anything but what we are worried about is what if UKBA shows up at random and check my immigration status and find out that the current visa I have it has been given on other relationship which I did not informed about when it end, we are not stressing out as everything is planed and booked and there are many guests coming to our wedding, what if we have to face some embarrassment.

we have given marriage notice this month so we were allowed 16 days notice and our details should not pass to ukba as the registrar were very much happy to see us and were even playing with our daughter.

is there something I can do in advance which cab give us the peace of mind that our wedding won't be ruined.

thank you all for the advises.

aamir22
Newly Registered
Posts: 12
Joined: Sat Feb 07, 2015 3:46 pm

Re: Change of partner

Post by aamir22 » Thu Mar 05, 2015 10:37 pm

any comments guys ?

wegiwegi
Member
Posts: 161
Joined: Thu Apr 10, 2014 2:48 pm
Switzerland

Re: Change of partner

Post by wegiwegi » Fri Mar 06, 2015 5:34 am

aamir22 wrote:any comments guys ?
Yes there is 16 days notice of your marriage at the registry office, what makes you think that ukba does not have someone checking those marriage notices??

They check this forums too, sadly, sometimes there is no escape to what they got access to, good luck with your situation, but better be ready in case they show up.
Timeline:
Fourth application sent 21.07.17
HO received 24.07.17
Paid on 25.07.17
Biometrics 23.08.17
COA received 07.09.17
Passports received 07.09.16
Status: Decided on 10.11.17
Documents returned 13.11.17 dated 09
RC 13.11.17 dated 09

lomik
Newly Registered
Posts: 15
Joined: Wed Feb 18, 2015 9:15 pm

Re: Change of partner

Post by lomik » Sat Mar 07, 2015 10:29 am

aamir22 wrote:any comments guys ?
happy wedding , do you have your a child with the czeck girl ?

aamir22
Newly Registered
Posts: 12
Joined: Sat Feb 07, 2015 3:46 pm

Re: Change of partner

Post by aamir22 » Sun Mar 15, 2015 2:10 pm

I know they do have system in place and do check if there is some wedding taking place which they think is not real wedding but I was under the impression usually it is registrar responsibility to inform ukba if they suspect the couple is not real which is not the case in our case, yes I have a baby with her. in my last post meant to write that we are stressing out what if they ruined our wedding day, is there something we can do in advance ?

wegiwegi
Member
Posts: 161
Joined: Thu Apr 10, 2014 2:48 pm
Switzerland

Re: Change of partner

Post by wegiwegi » Sun Mar 15, 2015 6:27 pm

aamir22 wrote: what if they ruined our wedding day, is there something we can do in advance ?
in advance nothing, just be ready in case they show up, do not think they will, enjoy your wedding, good luck
Timeline:
Fourth application sent 21.07.17
HO received 24.07.17
Paid on 25.07.17
Biometrics 23.08.17
COA received 07.09.17
Passports received 07.09.16
Status: Decided on 10.11.17
Documents returned 13.11.17 dated 09
RC 13.11.17 dated 09

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Change of partner

Post by Obie » Mon Mar 16, 2015 4:37 pm

aamir22 wrote:thank you all for replying, she is in the UK almost 9 years, last 5 years she is been working but there were few months Gap 3 or 4 months she did not apply for job seekers as she did not need it, in May 2010 she got her work registration certificate from Home office. we were planning to get married and we have given the notice and in April we are going to get married unless UKBA shows up and stop it, we are not worried about anything else as we are a genuine couple and have a baby together and too many more things to prove that it is not sham marriage or anything but what we are worried about is what if UKBA shows up at random and check my immigration status and find out that the current visa I have it has been given on other relationship which I did not informed about when it end, we are not stressing out as everything is planed and booked and there are many guests coming to our wedding, what if we have to face some embarrassment.

we have given marriage notice this month so we were allowed 16 days notice and our details should not pass to ukba as the registrar were very much happy to see us and were even playing with our daughter.

is there something I can do in advance which cab give us the peace of mind that our wedding won't be ruined.

thank you all for the advises.
I am of the view that you will qualify as a Durable partner at present.

Why do you not want to proceed in that direction.
Smooth seas do not make skilful sailors

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Casa
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Posts: 25756
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Change of partner

Post by Casa » Mon Mar 16, 2015 4:59 pm

Just to clarify...I believe Obie may have intended to write 'will not qualify' ??
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Change of partner

Post by Obie » Mon Mar 16, 2015 8:01 pm

Casa wrote:Just to clarify...I believe Obie may have intended to write 'will not qualify' ??
That is not what i intended to write Casa.

The couple have been together for a period close to 2 years, and they have a child together.

They seem to meet the criteria for Durable Relationship.

The courts has on numerous occasion stated that Durable Relationship is a Community law terms, and cannot be defined by national law standard.

Therefore the 2 years is not an hard and fast rules, where EU law durable relationship is concerned.
Smooth seas do not make skilful sailors

aamir22
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Posts: 12
Joined: Sat Feb 07, 2015 3:46 pm

Re: Change of partner

Post by aamir22 » Sun Mar 22, 2015 1:39 pm

Hi guys

So with God blessings we are married now, we have had a wonderful day many thanks to God and many thanks to you guys for giving good advises, I guess I can apply Visa on EEA2 or (EEAFM) , Please help me to prepare correct documents, jus to give a quick snap of current situation,

I am currently employed as permanent and fulltime and earned over 25K,

My wife she is been working as part time and were earning around 8K but from last few months she is now gone into self employment and earning smellier amount.

She is been issued work registration certificate from Home office in May 2010 on the basis of her previous employment.

she is Czech national and living in UK from last 9 years.

when our baby born I was unemployed and she is been giving advise by midwife to apply for child benefit and text credit which my wife did and she does get child benefit and text credit.

I have heard from someone that now there is a requirement for EU partner to meet some minimum income criteria in order to apply visa on EEAFM, is it correct ?

Can someone please give me some guidance about which document should we prepare and when should I apply for Visa, I still have 4 months visa.

would taken benefit can effect application ?

is my case complicated and should I apply through solicitor ?

if anything I couldn't ask but you guys think is important please mention.

Please advise.

Million thanks in advance.

Aamir.

aamir22
Newly Registered
Posts: 12
Joined: Sat Feb 07, 2015 3:46 pm

Re: Change of partner

Post by aamir22 » Mon Mar 23, 2015 5:46 pm

Any advise guys plz?

Obie
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Re: Change of partner

Post by Obie » Mon Mar 23, 2015 8:46 pm

Is your wife a qualified person at present
Smooth seas do not make skilful sailors

aamir22
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Posts: 12
Joined: Sat Feb 07, 2015 3:46 pm

Re: Change of partner

Post by aamir22 » Tue Mar 24, 2015 9:06 pm

Qualified person for what? Sorry I don't know what it means? Can you please explain what she has to qualify ?

aamir22
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Posts: 12
Joined: Sat Feb 07, 2015 3:46 pm

Re: Change of partner

Post by aamir22 » Sun Mar 29, 2015 4:38 pm

any help guys plz

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Change of partner

Post by Obie » Sun Mar 29, 2015 5:37 pm

I have sent you a private message, you appear not to have checked it.
Smooth seas do not make skilful sailors

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