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Partner? Is that registered Civil Partner (same sex)? Or if not, how long have the two of you been living together?My partner is currently with me
I agree with John. The OP should try an application under EU law. I understand that your history is a bit difficult, but you can use many kinds of evidence for cohabitation.John wrote:And the guidance you quotes for family members, it makes it clear that such applications need to be under EU/EEA law, whilst you seem to think it gives you rights under UK immigration law. I really cannot see how the form VAF4 is in play here.
Fiancés/fiancées and proposed civil partners are not recognised under EC law. However, the UK amended the Immigration Rules in 2002 to allow fiancés/fiancées and proposed civil partners of EEA nationals to enter the UK under the Fiancé(e) Rules. For the purpose of these provisions, we would consider and EEA national to be "present and settled" if they were a qualified person in the UK.
A family permit should not be issued to the fiancés/fiancées or proposed civil partner of an EEA national. They would need to apply for the relevant entry clearance
You need to read that paragraph again. Your certificate would not have been issued under the 2000 regulations because those were phased out in 2006.mischa wrote:Hi again,
Thanks.. I know I am not a permanent resident.. but what about the paragraph where it says "holds a registration certificate" - does that no longer apply??
transpondia, I am sorry not sure that I understand how you came forth to such a conclusion. Holders of Registration Certificate do not need 5 years of exercising treaty rights and can yet use the UK immigration rules!transpondia wrote:You need to read that paragraph again. Your certificate would not have been issued under the 2000 regulations because those were phased out in 2006.mischa wrote:Hi again,
Thanks.. I know I am not a permanent resident.. but what about the paragraph where it says "holds a registration certificate" - does that no longer apply??
So yours would have been issued under the 2006 regulations, and in those regulations, you need 5 years residence in order to acquire permanent resident status. And hence the provisions of UK immigration law are not available to you.
The registration certificate does not bestow permanent residence. His access to UK immigration law is through statutory instrument. I agree that he can import a pcp, but *NOT* because of permanent residence.Docterror wrote:transpondia wrote:mischa wrote:Hi again,
transpondia, I am sorry not sure that I understand how you came forth to such a conclusion. Holders of Registration Certificate do not need 5 years of exercising treaty rights and can yet use the UK immigration rules!
Yes, I thought it was saying that he could not import a pcp, so I changed it.Docterror wrote:The OP is herself aware that the Registration [Edit: I have just noticed that you had changed the answer from "So yours would have been issued under the 2006 regulations, and in those regulations, you need 5 years residence in order to acquire permanent resident status. And hence the provisions of UK immigration law are not available to you." to "So yours would have been issued under the 2006 regulations, and in those regulations, you need 5 years residence in order to acquire permanent resident status. The same regulations will allow you, however, to import a fiance or proposed civil partner." ]
A male couple I know used "engayged"mischa wrote: off topic: what is the gay&lesbian equivalent of "engaged".. when I tell people we are going to register a civil partnership I usually say we are getting "civilized" (civilised/civilized??)
here's a definition from the www.ukvisas.gov.uk website:Fiancés/fiancées and proposed civil partners are not recognised under EC law. However, the UK amended the Immigration Rules in 2002 to allow fiancés/fiancées and proposed civil partners of EEA nationals to enter the UK under the Fiancé(e) Rules. For the purpose of these provisions, we would consider and EEA national to be "present and settled" if they were a qualified person in the UK.
A family permit should not be issued to the fiancés/fiancées or proposed civil partner of an EEA national. They would need to apply for the relevant entry clearance
Victoria, the EEA national IS considered settled due to the statutory instrument for such applications while in all actuality they are not! Unfortunately there is a fees levied for such applications and will have to be paid even though they are family members of EEA nationals as the EU route does not recognise the particular visa.The fiancee route is open to you because of the statutory instrument, but this does nto mean that you will be considered settled