unmarried partner EEA and SET(M)

[freetimes]

Hi All,

I spent some hours reading various posts similar to my enquiry but I still feel confused

My story is as follows:
I am an Italian living in the UK since 2000 and my girlfriend is from Turkey.
We have been in a relationship since Jan 2002.

I was studying in UK until Sep 2004 and since then I am working in UK full-time. My girlfriend applied in 2006 for leave to remain as a dependant of EU citizen using the old EEA2 application and she got a 2 year VISA (with no access to public funds written on it). I also got my Residence Permit card.

1)Can she apply for SET(M) when her visa expires (March 2008) to get the ILR (on the basis that I have RP card) ? Or does she need to apply using the EEA application forms?
By the way, she also passed the Life in the UK test.

[JAJ]

Hi All,

I spent some hours reading various posts similar to my enquiry but I still feel confused

My story is as follows:
I am an Italian living in the UK since 2000 and my girlfriend is from Turkey.
We have been in a relationship since Jan 2002.

I was studying in UK until Sep 2004 and since then I am working in UK full-time. My girlfriend applied in 2006 for leave to remain as a dependant of EU citizen using the old EEA2 application and she got a 2 year VISA (with no access to public funds written on it). I also got my Residence Permit card.

1)Can she apply for SET(M) when her visa expires (March 2008) to get the ILR (on the basis that I have RP card) ? Or does she need to apply using the EEA application forms?
By the way, she also passed the Life in the UK test.

When did she make the application in 2006 and when was it granted? Specifically was it before or after 30 April 2006?

Also - do you plan to take out British citizenship yourself and is there any plan to get married?

[freetimes]

Hi All,

I spent some hours reading various posts similar to my enquiry but I still feel confused

My story is as follows:
I am an Italian living in the UK since 2000 and my girlfriend is from Turkey.
We have been in a relationship since Jan 2002.

I was studying in UK until Sep 2004 and since then I am working in UK full-time. My girlfriend applied in 2006 for leave to remain as a dependant of EU citizen using the old EEA2 application and she got a 2 year VISA (with no access to public funds written on it). I also got my Residence Permit card.

1)Can she apply for SET(M) when her visa expires (March 2008) to get the ILR (on the basis that I have RP card) ? Or does she need to apply using the EEA application forms?
By the way, she also passed the Life in the UK test.

When did she make the application in 2006 and when was it granted? Specifically was it before or after 30 April 2006?

Also - do you plan to take out British citizenship yourself and is there any plan to get married?

Hi Jaj,
Thank you for replying.
Her visa was granted March 2006.
We are planning to get married but not at the moment.
I might apply for British citizenship in the future.
Do you know if she can apply using SET(M) for ILR?
I think she has to apply as my dependant.

[JAJ]

Hi Jaj,
Thank you for replying.
Her visa was granted March 2006.
We are planning to get married but not at the moment.
I might apply for British citizenship in the future.
Do you know if she can apply using SET(M) for ILR?
I think she has to apply as my dependant.

I am open to be corrected on this, but I think she can apply for ILR using form SET(M) in March 2008.

She got her visa in March 2006. Prior to 30 April 2006, unmarried partners of EEA nationals were admitted under the U.K. Immigration Rules.

As she has been admitted under the Immigration Rules, she can apply for ILR as long as you are "settled" in the U.K. and she has completed close to 2 years on her unmarried partner visa.

And again, because of the change to the law on 30.04.06, if you have been living/working in the U.K. since 2000, you automatically became a Permanent Resident on 30 April 2006. As a Permanent Resident you are allowed to sponsor under the U.K. Immigration Rules if that is more advantageous.

John, or Victoria, or anyone else may point out problems with this scenario, so see what they say.

What were you doing before you started studying in September 2004, and was your girlfriend living in the U.K. prior to March 2006? If so, on what visa status.

Also, have you got any children together?

[freetimes]

Thank you very much for your support JaJ.

She got her visa in March 2006. Prior to 30 April 2006, unmarried partners of EEA nationals were admitted under the U.K. Immigration Rules.

She was admitted under EU law I think.

What were you doing before you started studying in September 2004, and was your girlfriend living in the U.K. prior to March 2006? If so, on what visa status.

Before I started studying in UK in 2000, I was living in Italy.
My girlfriend was living in the UK prior to March 2006 with student visa.

Also, have you got any children together?

Not yet.

[JAJ]

She got her visa in March 2006. Prior to 30 April 2006, unmarried partners of EEA nationals were admitted under the U.K. Immigration Rules.

She was admitted under EU law I think.

You think? But I am not so sure. As far as I am aware, unmarried partners of EEA nationals were admitted under U.K. law prior to 30.04.06

What were you doing before you started studying in September 2004, and was your girlfriend living in the U.K. prior to March 2006? If so, on what visa status.

Before I started studying in UK in 2000, I was living in Italy.
My girlfriend was living in the UK prior to March 2006 with student visa.

In that case, then she can apply for British citizenship one year after getting ILR (Feb/Mar 09), provided she was living in the U.K. since early 2004.

Also, have you got any children together?

Not yet.

You should be aware that now you are a Permanent Resident, any children you have will automatically be British citizens. (as well as Italian and maybe Turkish).

As you are eligible for naturalisation and Italy allows dual citizenship you should strongly consider it as it would protect you from any future changes in your circumstances. Or changes in the Immigration Rules.

[Docterror]

freetimes, was the visa issued free of charge? Has your partner have the REsidence Permit or the Permanent Residence?

[freetimes]

freetimes, was the visa issued free of charge? Has your partner have the REsidence Permit or the Permanent Residence?

Hi Docterror,

The visa was issued free of charge. I have a Residence permit.

[Docterror]

Since, it was issued free of charge, you would have been considered under the EU free movement agreement even though unmarried partners, back then, were strictly to be considered under UK immigration laws.

JAJ's suggestion could be well worth a try and you could try and make an application with the SET(M). But I think that for it to be considered under the UK rules, you will have to demonstrate PR. Just sending 5 years proof of exercising treaty rights might not just be enough as it could get referred to the EU department who could inturn consider you under the EU rules and give your partner a Residence Card instead. This would mean that you will have to apply for your PR ASAP so that you will have it by the time your partner will want to apply with the SET(M).

Since yours will only be trial case, it will be great if you were to report the progress of your case so that we know for future reference whether being given a LTR as a family member of an EEA national is a deterrent to being given ILR under the UK rules. Either way, I wish you all the best.

[judde]

As unmarried couple what the HO want is for u to get marred as husband and wife befor the 2 yrs run out and apply for her R.document if not she will be sent home or have more problem ifeven if you get marred .

[VictoriaS]

This is not true. There is no obligation for UP's to get married within the two years. If you stay together for the two years, then ILR is possible, even without getting married. Most UP's do not marry.

Victoria

[judde]

Doctor/victoria and all .......
I have a serious i will love you guys to help me here , i have a words with a guy from EEA department about a serious issue that , the HO do not want to look about it . A non EEA got married to a EEA member late 2004 and got his 5 yrs and since de wife can not speak english very well she can not get a work to excerise her T. right here so she stay home and be doing something to earn money but de husband was not happy for that because he believe the wife is lazy and after a period of while the man himself want devorce not the woman , can anyone here know what is going to happen to him if he get devorce befor his 5 year , will him get problem with the HO .....What i know is that she need to aleast work for one year but the guy from the EEA told No . If the guy has been working for all those while then fine as one person need to E.T. right here .

[JA13I]

judde, when you refer to the abilities of the woman in English, you surely make me wonder whether you are the lady in question. Would you please clarify what the question that you intend to ask is?

[judde]

Ok ,
what i'm trying to say is a friend of mine non eea got married to eea natonal couple of years more than 3 years now and the wife could not speak english and decided not to look for job but she makes money and the husband noticed that she is making money illegally and the guy want a devorce not the wife .So what i will like to know if will de guy have any problem when the devorce is done coz from what i know is that he will have some problem coz de wife has not beed working so we decided to ask a staff in eea about it and he told us as long as one person is working that will be ok , but the devorce need to be finish befor any application is made , but what i also need here is some advice about it ?

[JA13I]

judde, it seems that the advice that you recieved from BIA was in this instance correct. Since the marriage has already subsisted for more than 3 years, even in the event of a divorce, the non-EEA will reatain the right of residence in the UK. It would be better to get divorced before the 5 years of residence required are up as it could lead to trouble applying for PR if the Absolute Decree of the divorce hasn't come through.

[judde]

Thanks for the advice jabi , it looks like the immigration law in this country (UK) change alot expecially with the EEA law. I just got a mail from a lady in the EEA department today stated that ur friend will not be able or have the right to residence in this country because the wife has not be exercise her right here either working /studying which is ok because i first of all taught that is what the are going to ask him but it looks like all of them have thier laws made buy them which the can use the law to people which is not right , last 2 week we have total another law from thesame person working in that EEA department crazy ladies /men here. Ok my big question here is that do your EEA husban/wife need to be working here befor you can get ur residence after 3 yrs or 5 yrs or do you need to wait for ur divorce to come to an end befor u apply after 3 yrs ?

[judde]

Jabbi/Doc/Victorias and all ....
I will like to bring back one question i ask here befor , because most lawyer don't really know what the are doing at all , Jabbie i hope u remember i ask a question what happen if you are marraige to a EEA national and ur marraige last maore 3 years and u have decree of nisi ? Do you need to appy with ur EEA document or just ur own document with the decree of nisi? Most lawyer stated that u have to apply both the EEA and non EEA document which i don't know is right ?

[judde]

Thanks Man
I was also told that you do not need to provide ur EEA document after if you have the full decree of nisi ? but some people'e say u have to even u have de decree of nisi . Do you think u have 2?