Directive 2004/38/EC (FLR refused in UK)

[samwise1]

Hi Guys,

This is not easy, but I have to try it. Everyone has different views, and I respect that. I really do. I can see that point of view and understand how it looks. Overstayers moving etc

I've never taken benefits, and I will never. Honestly, I've got two hands and two legs to work. Even as an overstayer, I've paid all my NI and taxes without having a document in the UK.

Unfortunately, our FLR FP application was refused. I've been civil partnered with my partner for the past 3 years and have been together for 5 years. She is an EU national from Romania but has settled status in the UK. I'm an overstayer, and my total time in the UK is 14 years, but I came legally.

Note:
I can't go back home because I don't have anyone back home, which is Pakistan; my parents are in Saudi, and I was born there (born & bred). I can't go to Saudi Arabia as I can only get a visitor visa there but can't apply for a UK visa there.
Another issue is the financial requirements. We met them because we submitted our application early. Now, if we apply outside the country, we won't meet them, unfortunately.

Questions:
- I've got a valid passport; I understand UK and Ireland share information.
- Can I rely on Directive 2004/38/EC?
- Can anyone kindly share their story if someone managed to get their papers right through this route? (You will be helping someone out in a desperate situation).
- We have genuine relationship plus all documents aligned accepted by HO too but still refused the application.

I appreciate your time

[meself2]

I've been civil partnered with my partner for the past 3 years and have been together for 5 years.

What does it mean?

Civil partnership in Ireland was meant to be an alternative to marriage for same sex couples. Now, as same sex couples are allowed to marry, Ireland no longer accepts civil partnerships (including PACS and such, as far as I know). Ref: https://www.citizensinformation.ie/en/b ... tnerships/

Civil partnerships registered abroad since 16 May 2016 are not recognised in Ireland.

If you're not married and plan to apply on the basis of cohabitation, you will have way less rights while awaiting decision (as they need to acknowledge you're a family member, you're not automatically one, which is the case of marriage). But you still can apply via EUTR1A in that case.

[samwise1]

Thanks, bud, for replying,

Point 1
We are an opposite-sex couple who did a civil partnership due to religion. She is a hardcore Christian, and I'm Muslim, but I respected what she believed in and didn't want her to change or anything.
Point 2
We live together and have all the stuff sorted, so we can easily prove a relationship. But you're right. They need to acknowledge it, lol
Point 3:
EUTR1A (This process looks hectic, but the only way I think) (Do you know the average time by any chance ?)
The million dollar question is how can we both go to Ireland (Overstay issue. By that i mean I don't have documents) but have everything else like driving license and passport, etc

[meself2]

(Do you know the average time by any chance ?)

https://immigrationboards.com/viewtopic.php?t=268324
Recent example:

I wanted to let you know that my EUTR1A application has been rejected. It took overall a little shy of 8 months for the application to be decided.

Application: 1 week of September 2023. Acknowledgment: 6 December 2023. Decision: 11 April 2024

The million dollar question is how can we both go to Ireland (Overstay issue. By that i mean I don't have documents) but have everything else like driving license and passport, etc

This I don't know. Going via NI seems the simplest way, but as you won't have a landing stamp or any sort of discussion with immigration then, it will most likely not count in your favour.
As they need to acknowledge that you're a family member of EU citizen, it's not as straightforward as EUTR1, so can't comment on whether or not that may be a deciding factor.

[Angel99]

Hi,

To addup to the advise Meself2 gave, in my opinion do not go to Ireland with this condition except if you were a spouse of the Romanian citizen then you could enter illegal via NI or with legal stay in UK then apply for Irish visa type C for EU family (Permitted family member)

I doubt even Romania will grant you a residence permit as a partner of Romanian citizen.

Since you have illegal stay in UK it will be almost impossible to get an Irish or Schengen visa.

You have 3 options

* legalise your stay in UK even if temporary, then apply for any of the visas above and move with your partner to get the Freemovement Residence Card

*Have a child

*Be a spouse