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How old are you?tauw wrote:Hi All !
I have been browsing through this excellent website and found so many useful information.
I have a question following the statement below:
My Father is an EU national (Portuguese) and moved to UK where our whole family have come to the UK on EEA Family permit (as we are non-eu national). On entry we were given 6 months permit and following that residence permit is issued for 5 years (I have completed 4 years out of that). I have been working full-time and now want to get married.
My proposed husband is already in the UK and have applied for Tier-1 Entrepreneur long ago and still waiting to hear the outcome. He himself is a visa-national and from the same country I am from.
My question is, in this particular circumstance, if we get married in the UK, what will happen to my husband? Which route he should follow to grow our family here in UK?
I shall very much appreciate if you can provide your expert advice.
Kind rgds
What is the basis for the conclusion that a person over 21 is not likely to be dependent on their sponsor anymore and they may need to apply for visa in their own right.noajthan wrote:
How old are you?
If you are over 21 & marry you are not likely to be dependent on your EEA national sponsor any more.
It may be you will require a visa in your own right if you have not yet acquired PR.
In principle there is no question that a dependent family member, aged over 21, can be dependent on their EEA sponsor.Obie wrote:What is the basis for the conclusion that a person over 21 is not likely to be dependent on their sponsor anymore and they may need to apply for visa in their own right.noajthan wrote:
How old are you?
If you are over 21 & marry you are not likely to be dependent on your EEA national sponsor any more.
It may be you will require a visa in your own right if you have not yet acquired PR.
You appear to proceed in the basis that a person under 21 can be dependent and that once they are over 21, they cannot be dependent anymore and may need to apply for visa on their own.
This does not seem to be my reading of the law or the case laws.
But without your eloquence Noajthan. I queried the legal status of the OP's fiance as she writes "My proposed husband is already in the UK and have applied for Tier-1 Entrepreneur long ago and still waiting to hear the outcome".noajthan wrote:In principle there is no question that a dependent family member, aged over 21, can be dependent on their EEA sponsor.Obie wrote:What is the basis for the conclusion that a person over 21 is not likely to be dependent on their sponsor anymore and they may need to apply for visa in their own right.noajthan wrote:
How old are you?
If you are over 21 & marry you are not likely to be dependent on your EEA national sponsor any more.
It may be you will require a visa in your own right if you have not yet acquired PR.
You appear to proceed in the basis that a person under 21 can be dependent and that once they are over 21, they cannot be dependent anymore and may need to apply for visa on their own.
This does not seem to be my reading of the law or the case laws.
My understanding, as intimated by the poster, is the spouse-to-be is applying for a Tier 1 visa.
Tier 1 visas are for eligible entrepreneurs & investors so the new couple are likely to be financially independent in their own right.
They may form their own nuclear family unit & independent household too.
That would not be unusual behaviour for a newly-married couple.
On the balance of probabilities, such financial independence (courtesy of Tier 1 visa holder & entrepreneur/investor) may result in cutting the dependency on a sponsor (ie EEA national & parent) that, (if OP is over 21), the OP would currently enjoy as a dependent family member.
So this is not about law or case law at all, it is about the nitty gritty of this case;
after all the devil is in the detail.
More information required from the poster which is why I requested it.
Edit: Casa has just put it very well, in her inimitable style.
I should have used the word 'he' not 'they in this sentence to be clear that I was referring to the future husband "I would assume that entrepreneur/investor means that they have (he has) a 'bob or two' (as the saying goes)"Obie wrote:It is the future husband that is on entrepreneurs visa and not OP.
OP indicated that she has held her Residence card for 4 years and had a first 6 months issued to her and given the fact that a Residence Card takes about 6 month to be issued in normal times, it is safe to say that OP may well have aquire PR if she has not done so already .
I don't think it will be safe to conclude that the asset of the op future husband , is already hers.
As I said again, the court in Reyes has ruled that the status of a dependent family member is not lost if the become independent owing to gainful employment in the host state.
Noajthan is a respectable poster, and I will not have question that aspect of his post if I thought it trivial.
If the spouse-to-be secures his Tier 1 visa then his status in UK is ofcourse assured.Obie wrote:It is the future husband that is on entrepreneurs visa and not OP.
OP indicated that she has held her Residence card for 4 years and had a first 6 months issued to her and given the fact that a Residence Card takes about 6 month to be issued in normal times, it is safe to say that OP may well have aquire PR if she has not done so already .
I don't think it will be safe to conclude that the asset of the op future husband , is already hers.
As I said again, the court in Reyes has ruled that the status of a dependent family member is not lost if the become independent owing to gainful employment in the host state.
Noajthan is a respectable poster, and I will not have question that aspect of his post if I thought it trivial.
However concise I always feel I have learned something from your contributions to the forums.Obie wrote:Well I respect your consideration of the factors you cited.
I will not dear challenge you desire to go through it.
I am unsure where you derive the 50% of dependency from.
My understanding of the law, is that it matters not, If the dependency is 5% provided that 5% is essential for the non EEA national to meet their essential needs. Even if the applicant works and decide to save her money and life off parents to meet her essential needs, the caselaw indicates that she may well qualify.
The applicant does not need to be dependent on the EEA national to meet all or most of their essential needs. For example, an applicant is considered dependent if they received a pension which covers half of their essential needs and money from their EEA national sponsor which covers the other half.