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Exactly what is the legal relationship? Do you have a formal government issued "civil partnership" and if so from where?bobbert wrote:my civil partner (non-visa national)
I do not see any reason that SS route would be closed because of a prolonged period between when you were exercising your treaty rights by working and then wish to return to the UK.bobbert wrote:I have heard from some immigration professionals (from a top firm) that they believe in our case the SS route would be closed as the gap is too long. I don't know what the limit is...
The key is interpretation of the words "have " & "before" there is no way that those words "need" to be exclusionary but clearly UKBA are seeking to place a very narrow and immediate interpretation but if that were the case clearly one might be discouraged from the exersize of ones treaty rights not something the directives in any way wish to limit the citizen in my view and a simple challenge on appeal since you clearly "have " resided in another EU state as a worker and were doing so "before" you returned to the UK even UKBA dont say in there refusal "immediately before" neither am I aware of any guidance or limit so were they say "recent " the question is under which Directive do they find this conclusionbobbert wrote:Hi,
You have sought admission to the UK under EC law in accordance with regulation 11 of the immigration (EEA) regulations 2006 on the grounds that you are a family member of___ME____
To qualify, you must meet the following criteria: the British citizen must be residing in an EEA member state as a worker or self employed person, or have been doing so before returning to the UK, and the family member of the british citizen must have been living together with the british citizen in the relevant EEA country before the british citizen returned to the UK. you have no right of residence in the EEA country, only having arrived in Malta on 20 November 2013. Furthermore, your common law spouse has no recent evidence of employment in an EEA member state. You have stated, and provided evidence of, that you lived in France with your common law spouse but this ended in 2010. I am statisfied that____ME_____ is not a qualified person under Surinder Singh case law and that you do not therefore have a right to be admitted under regulation 11.
For a non contentious case (let's say French citizen living in the UK legally with non-EU spouse), the non-EU would be considered to be living legally - even if they entered under the immigration rules. Applying for UK documentation is voluntary and merely confirms rights (does not grant them).bobbert wrote:Can anyone advise on implications of applying for RC with EEA2 while on limited leave to remain? What if the leave expires while waiting for the RC, or while waiting for the CoA? Could she end up overstaying?
With a formal civil partnership, you are effectively married from a UK perspective. See http://eumovement.wordpress.com/2011/09 ... -marriage/ on Uk recognition of civil partnerships.bobbert wrote:We have a French civil partnership - PACS.
Yes my partner had a residence card. Not as a family member, but student. But we can prove we lived together which is all that is needed. Utility bills with both names, payslips with same adress etc.
We managed to get back to the UK today. Went back to the same ukba post at Calais. Said she wanted to enter as visitor, showed them the refusal from yesterday (refusal was under european law, not uk entrance visa), they eventually gave her limited leave to remain.
What doubt do you have?EUsmileWEallsmile wrote:For a non contentious case (let's say French citizen living in the UK legally with non-EU spouse), the non-EU would be considered to be living legally - even if they entered under the immigration rules. Applying for UK documentation is voluntary and merely confirms rights (does not grant them).bobbert wrote:Can anyone advise on implications of applying for RC with EEA2 while on limited leave to remain? What if the leave expires while waiting for the RC, or while waiting for the CoA? Could she end up overstaying?
In your case, there is doubt as to whether you would qualify under the EU route, so this might not work out for you.
Thanks. I've read the MRAX info (quickly) and to be honest I'm not sure I understood exactly how it applies, I'll have to read it again tomorrow in more depth (unless someone could summarise it for me ). But I gather that it means that she can apply for RC via EEA2 even if her leave to remain expires (if she was in such a position that her leave would really expire). Is that right? and in any case, she is probably here perfectly legally anyway under SS case law so it doesn't matter that her leave to remain "expires"...She entered the UK on the basis of MRAX. Read through http://eumovement.wordpress.com/2010/08 ... to-travel/
I would write the third paragraph differently: You were initially unlawfully refused entry into the UK, and somebody partly corrected their mistake. Note that she does not require "leave to enter" the UK, and it is not limited. She can legally remain in the UK and work, so long as you are there too. She could (in theory) start work tomorrow.
.bobbert wrote:Yes we got written refusal and permission to appeal.
Main reason for returning is because my Dad will be having a bypass soon and I want to be around. Probably wont stay more than 6 months. Obviously better if we can both work while there.
They told us that there's nothing stopping her trying to enter again as visitor but I don't know if it's worth it if we end up sitting around in the terminal for 7 hours again...
OP's partner appears to have entered under the UK immigration rules (or so I've interpreted it that way). If this is the case, they didn't avail of MRAX.Directive/2004/38/EC wrote:What doubt do you have?EUsmileWEallsmile wrote:For a non contentious case (let's say French citizen living in the UK legally with non-EU spouse), the non-EU would be considered to be living legally - even if they entered under the immigration rules. Applying for UK documentation is voluntary and merely confirms rights (does not grant them).bobbert wrote:Can anyone advise on implications of applying for RC with EEA2 while on limited leave to remain? What if the leave expires while waiting for the RC, or while waiting for the CoA? Could she end up overstaying?
In your case, there is doubt as to whether you would qualify under the EU route, so this might not work out for you.
MRAX in fact applies directly to the spouse of EU citizens going to a different EU member state. It also applies (this is you) to Eu citizens returning to their own country because of the Singh ruling: Because you can be considered am EU person because you have worked in another EU member state.bobbert wrote:It certainly does seem that it's fine for her to stay. However, I am trying to think of what could possibly go wrong as I've learnt that even if you're right sometimes it doesn't matter...
Lets say she stays and applies for RC. Wouldn't there be 2 simultaneous processes going on:
A) limited leave to remain under UK law, expires in 2 weeks, she can overstay that by 90 days without getting a 1 year ban.
B) application for RC under european law. CoA (and passport) back in 6 weeks, decision in 6 months.
Now lets say she gets the CoA and it even gives her permission to work and then she has to travel after 90 days have passed since the limited leave to remain expires.
I'm concerned that if she then wanted to come back, the CoA would not automatically give her the right to enter and because of the expired leave to remain they would not let her in or apply for a visa until a year has passed.
Does MRAX make all of this irrelevant?
Can you confirm - is MRAX for everybody, not limited to couples who qualify under Surinder Singh?
Thanks.
Why do you think you have a limited leave under UK law? You showed all sorts of info about having exercised treaty rights, yes? Very unlikely that they would "voluntarily" admit somebody on the basis of UK law one day when they had previously refused them entry the day before unless they were forced to: namely EU law.limited leave to remain under UK law, expires in 2 weeks, she can overstay that by 90 days without getting a 1 year ban.
They didn't photograph and fingerprint her actually, even though they said they might. She was detained but we weren't separated apart from her going for an interview to which I wasn't allowed. So we spent about 7 hours sat together on plastic chairs next the passport check posts. While waiting for the French police they gave us some tuna & egg sandwiches (urgh). the French police took 1.5 hours to turn up (it seemed that they came from the office next door), gave her passport back and yes, took us into the ticket hall and said bon, au revoir. I thought we were going to get a ride into town but no we had to walk.I guess your non-visa national wife was detained, photographed and fingerprinted.
Then after several hours, the French police were called.
They simply took her around to the ticketing office, which is technically "outside the port".
You were both reunited there.