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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
Year and raised to 35 if there's any sense!!!Casa wrote:There is nothing to prevent you marrying if you are granted a COA, but this won't give any legal status as far as Immigration is concerned.
You won't be able to apply for a spouse visa until you reach the age of 21.
However this may well be challenged in the courts before then.
Thank you for response.Wanderer wrote:U can access public funds, u can't claim any extra because of ur partner. U and ur child are fine.
These benefits are geared to support of the claimants, no more. This is where u will struggle until u can find full time work, as u cannot prove u can all survive without public funds.
The 18 yo rule is cast in stone I'm afraid.
Also please understand the CoA is not a visa and confers no legality to ur partners status here. Applying for it may well alert the removal people, and in any case ur partner will have to return to his home country to apply formally as ur spouse, when ur 21.
Thank you for replying.Casa wrote:VT, I can understand how upsetting this must be for you. You could apply for an Unmarried Partner Visa when you are 21, with proof that you have been living together for more than 2 years. However, as this is some time off, you do really need help now. Is there any way you could seek professional advice from an OISC registered advisor, as there may well be options that aren't apparent at the moment.
We have been considering moving to another EU country and exercising a treaty right there but we don't have any money what so ever to help us to set up a home etc.John wrote:VT, the age 21 is enshrined in UK immigration law and you either need to wait until you are 21, or hope someone wins a Court Case on the matter and then the law gets changed.
However age 21 is not enshrined in EU law, and thus a possibility is that following the marriage you and your (then) husband move to another EU country and start exercising EU Treaty Rights there. Then as long as you personally are economically active there .... employed or self-employed .... your husband can then apply for an EEA Family Permit from the nearest British Embassy, and after that is granted both/all of you can move back to the UK.
That is you would use the so-called Surinder Singh route, so named after the person who won a case before the European Court of Justice a few years ago.
Food for thought?
You may recall, i mentioned this a while back to you, and the other possible option, is you partner applying for Access to UK child visa , which will be a bit more tricky , as he would have to produce enough fund to remove any doubt in the ECO's mind that he will resort to public fund once in the UK.VT wrote:
We have been considering moving to another EU country and exercising a treaty right there but we don't have any money what so ever to help us to set up a home etc.
Also, would it matter that i'm only 18? Probably 19 if we decide to use this route.
Would we be garunteed to receive an EEA Family Permit though? & he doesn't have a passport or anything to his name that proves that he is who he is, so how can we travel to a different country?
Obie wrote:You may recall, i mentioned this a while back to you, and the other possible option, is you partner applying for Access to UK child visa , which will be a bit more tricky , as he would have to produce enough fund to remove any doubt in the ECO's mind that he will resort to public fund once in the UK.VT wrote:
We have been considering moving to another EU country and exercising a treaty right there but we don't have any money what so ever to help us to set up a home etc.
Also, would it matter that i'm only 18? Probably 19 if we decide to use this route.
Would we be garunteed to receive an EEA Family Permit though? & he doesn't have a passport or anything to his name that proves that he is who he is, so how can we travel to a different country?
You are qualified to apply for Irish Jobseeker's allowance, should you wish to go to Ireland, as you would not have to fulfill the Habitual residency requirement, due to the common travel area.
Alternatively, you could apply for your Jobseekers allowance to be transfered to any EU member state, you might choose to reside with your partner, apart from Ireland, for a while, until you meet the residency requirement for claiming such benefits in those country.
You are allowed to be a Jobseeker for a period of 6 months or more, without it affecting your residency.
You could even do a course to improve your skills and employability whiles you are living in one of these EU member states.
If you decide to exercise you treaty rights as a Student, you will need to ensure you engage in economic activity like, employment or Self-Employment, prior to returning to the UK, in order to qualify.