unmarried partner of family member(RC) of an eea national

[fash10]

Good day everyone,
I really need your help and advice on this one . I am an unmarried partner of a family member (daughter currently holding a Residence Card) of an eea national and we now have a baby . We tried to register the baby as a citizen but were refused because non of us has settled status .
I am presently on a study visa and my partner has a Residence Card

My question is ; What possible route can i follow to have the status of my partner since she is in possession of a Residence Card and not Permanent Residence and one that will not affect her when she's applying for Permanent Residence?
Thank you

[EUsmileWEallsmile]

To be able to answer your questions, more information would be required.

What nationality are you? What is your partner's? What does the EU natioanl do in the UK? How long have you been in the UK?

[eu guru]

What nationality are you

[fash10]

Thank you for the reply.

My partner and I are Nigeriens ( Africans ) and my partner has had her Residence Card for about 6months now.
The EU national who's my partner's mother is presently self employed here in the UK and this is her 4th year in the UK .

This is my first year in the UK , i'm with a study visa that expires by the end of this year ; but i can prove our relationship has lasted for even more than 2years before we had the baby

[samdeco03]

you should apply for futher leave to remain using flr (o) u will be given the same year like the one your husband have got... this wont affect your husband from applying for permanent residence after completion of is 5 years all he has to do is prove treat right of the eu national

[samdeco03]

you can apply for further leave to remain using flr o you will be granted the same year in line with your husband...this wont affect your husband to apply for pr after 5 yrs, he just have to prove that the eu national is doing her treaty right

[Obie]

I don't think the above is right.

The EEA regulations does not make provision for the partner of a direct decendant of an EEA national.

You could apply as a dependant of your mother in law, and ask for the UKBA to consider you application in accordance with Section 55 of the UKBA act 2007, Article 8 of the ECHR, Article 7 of the charter, as you case fall within these scope.

It is hard to see any of the Article 8 rules, incoporated into the immigration rules that is applicable to you.

[fash10]

Thanks for the replies.


What documents will i need and what will i be applying for?

In what ways can i prove dependency?

Will the application be decided on their discretion considering Article 8 of ECHR ?

Does my girlfriend's mother need to have a certain income for me to depend on her?
Is there any other immigration law to support my application?

Thanks for the advice

[samdeco03]

i was in the same situation as you and i applied for further leave to remain using flr o under human right article 8 of ECHR and was granted leave to remain inline with my wife, when i applied as a dependant of my in law under the eu law it was refuse because it was a third party application as my wife is nt an eu national and you cant apply as a dependant of your mother in law as you not married to your wife .... all document u need should come from your patner ...

[fash10]

Thanks so much.

Applying for flr (o) as the dependant ( unmarried partner ) of a person who has limited leave to enter or remain in the UK seems appropriate because then i can use our baby as proof of long relationship and also use Article 8 of ECHR

Then what documents will my wife ( unmarried partner ) need to provide. Is there any financial requirement?

[samdeco03]

you need to satisfy the English and financial requirement 18,500 utilities bills, birth certificate of your daughter and pay slips

[Obie]

The problem is, it is difficult to see how OP will meet the requirement of Paragraph 295D (iii) of the immigration rules.

It is also noteworthy that you succeeded under the previous rules as opposed to the July rules.

It is in my view, not a straightforward application, and legal advice will certainly be required.

[fash10]

Thanks.

On the flr (o) form of 12/2012, i see two categories , one is : applying as dependant of a person who has limited leave to enter or remain in UK or the other one : applying as a parent exercising access rights to a child.

Will the new July rules affect any of these categories?

Concerning financial requirements, I am doing my masters presently and living with my partner and baby. I started my masters last September and met all financial requirements when i applied,paid my fees in full and proved maintenance funds for the duration of the course .

Can this be of advantage?

[Obie]

The problem is, your partner does not have leave to Remain, but Residence Card. They are two different terms and issued under two different regimes.

The other thing is, with those people who are on limited leave, they are not necessarily heading towards settlement, but your application will be a leave with a view to settlement, So you may need to show your partner earn the 18600.

The exemption will not apply to you as your child is not British or has lived in UK for 7 years, and you partner is not a British or Settled person.

This is a complex, and intertwined area of law. I suggest you seek legal advice from a competent legal advicer before proceeding.