EEA Family Permit- illegal immigrant

[couneta]

I'm an asylum seeker in an Eastern European country but my pregnant fiancee of 3 years has gone to UK. She'll give birth in a few weeks' time and i'd like to join her. I've come across several immigration directives that seemingly place me in a grey area. My asylum case hasn't been concluded so the authorities have my passport.

Having checked the websites, i found these interesting things:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

EEA family permits may be obtained from any British Embassy, High Commission or Consulate abroad which is designated by the FCO as an issuing post.

• It is not necessary for an applicant to travel to his/her country of origin to apply.

• EEA family permits are issued free of charge.

Other criteria only to be applied to extended family members

If the application is being made from another Member State:

A permit should, generally, only be issued to an extended family member if s/he is lawfully resident in another Member State. This would normally be shown in the form of either the local equivalent of leave to enter/remain or an EEA residence card if he/she is the extended family member of an EEA national residing in a Member State of which he/she is not a national.

Evidence of an outstanding application to reside in the Member State in question would not be considered as sufficient evidence of lawful residence, and the applicant should be advised to await the outcome of their application before seeking an EEA family permit.

Also,

EUN2.12 Can fiancé(e)s, and proposed civil partners qualify for an EEA family permit?

Fiancé(e)s and proposed civil partners are not recognised as family members or extended family members in the EEA Regulations. However, provisions have been made for fiancé (e)s and proposed civil partners of EEA nationals paragraph 290 of the Immigration Rules. . Fiancé(e)s and proposed civil partners of EEA nationals applying under these Rules will have to pay the usual fee. For the purposes paragraph 290 of the Immigration Rules, an EEA national who is a qualified person in the UK is considered as present and settled.

Will i be eligible to apply under European law as fiance or I can only do that from my country of permanent residence? does the above rule EUN2.12 mean i can apply for EEA family permit BUT as fiance and pay the £515 application fee or i will need to apply for Settlement visa, which likely will be back at my country of origin? other things to mention- i am totally dependent on her as i have been here one year and cannot work. Should i be in a position to apply from here, i'd have to withdraw my asylum case. I wont be deported but i'll be given 15 days to leave the country since i had come here legally. Oh, and if i have to leave legally, the cheapest planes to my country of origin are in UK, which means i'd still require transit visa. i cant risk deportation for a free ride as it might jeopardize me even more.



thanks in advance

[Obie]

1. You will need to get a passport.

2. You will need to provide evidence that you are married and that your marriage is not one of convenience, obviously the child in the way will cause the later to be discarded.

3. You partner would need to be a qualified person in the UK, which means either Worker, Self-Employed, Student, Self-Sufficient.

4. It would help if you have a Lawful resident in another memberstate, but this is not a requirement and they can't refuse you on that basis.

5. The cost is free for an EEA family permit.

[couneta]

Thanks for the reply. The thing is we are not married and we intend to do so in UK. My fiancee has been in UK and is already had her WRS stuff since 2006, which she renewed again this July and has been in continuous employment until she started her maternity leave this week. Everything we require is almost ready, except for the information if i can really apply from Eastern Europe or my application will be turned down because I have no legal status yet as their guidelines to ECO pointed out.

[Obie]

Unfortunately, your application for EEA family Permit will not be considered, as the British have incorrectly stated that Extended family members are not covered by Metcok, and hence , are required to prove they are lawfully resident in another memberstate or meet the national Immigration rules to qualify.

They would also request an evidence of 2 years cohabiting in order to consider your application as an unmarried partner.

I hate to say this, but your chances under the current circumstance are pretty slim.

Getting the marriage done, if that is what you both want of course, will put some extra wait to your application.

[couneta]

EUN2.12 Can fiancé(e)s, and proposed civil partners qualify for an EEA family permit?

Fiancé(e)s and proposed civil partners are not recognised as family members or extended family members in the EEA Regulations. However, provisions have been made for fiancé (e)s and proposed civil partners of EEA nationals paragraph 290 of the Immigration Rules. . Fiancé(e)s and proposed civil partners of EEA nationals applying under these Rules will have to pay the usual fee.

How else can this rule be interpreted, coz my confusion here is if i can use the settlement visa form, or still use the EEA family permit BUT pay the £515. i have looked at the visa form and it has a section on applying as a fiance- are these questions part of the "provisions have been made for the fiance" which would entitle me to "apply under these rules (and) pay the usual fee."

BTW, we couldnt get married here coz they dont recognise affidavits but require documents to be signed using Apostille stamp which my country doesn't use

[Obie]

Please see this information on how to qualify for a Fiance visa

Also see the
Accommodation and MAintenance requirements

Please note that after the marriage, you would need to apply for a Resident card for family members of EEA national on EEA2, as you will not be able to benefit from FLR(M) or ILR.

You would have to pay the fee and apply under national rules as opposed to Eu rules. The British Embassy will almost certainly advise you to apply from the country you are lawfully resident or your home country for this type of application.

Application

Guidance

Best wishes with your application

[awais_jillani]

can a illegal person apply for EEA Family permit as a extended family member (cousin)
please help i am in trouble
thanks in advance

[awais_jillani]

I'm a non-EU national (pakistani) Living in UK from last 4 years and i got visa till 2017 but because of toeic ukvi curtailed my visa i still got my passport and residence card with me . My cousin sister is British she is in the Republic of Ireland exercising EU treaty rights from last 4 months. I am currently in the UK and planning to join her there and then apply for a EEA residence card. As an Pakistani citizen I do need a visa to enter Ireland but if i apply for visit visa ukvi will keep my passport!!! is it ok if i go there by other means like by road,can i apply there for a extended family member visa? some people told me a illegal can apply for a extended family member visa
please help