- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
el patron wrote:Would be well worth putting in an EEA2 application. The way the appeal system is performing if she is refused and appeals it could be over 12 months time before she becomes 'ARE' with respect to that initial EC treaty rights (EEA2) application, by which time she may be able to evidence the preferred 2 years of being together in a durable partnership and that would trigger valid grounds for a fresh EEA2 application! Hope that may be of some help to you!
paullight wrote:I would like to ask good people of this forum for some advice on what can be done in our situation.
My non-EEA partner has claimed asylum and had her application refused and appeal rights exhausted. We moved in together 10 months ago when she was evicted from her accommodation provided by HO when her claim was refused.
I'm an EEA national, have been living in UK for 9 years and am working supporting both of us. The situation is very difficult as my partner is not allowed to work, travel or access nhs and we have no idea what's going to happen next or when. She only goes to sign at HO and has been for the past 10 months. Our lives are on hold. Also, we can't get married as she has no documents.
My question is - do we have any chance under durable relationship EEA route? As we've been together only 10 months. We also don't have many proofs, no joint bank statements or bills and I'm the only person on tenancy agreement. The landlord can write us a letter.
Or is there any other route? We are desperate and the situation is very stressful. We are thinking of writing a letter to the HO asking what her situation is but I doubt we'll have any clear answers.
Thank you so much for any advice.
Imshzd wrote:paullight wrote:I would like to ask good people of this forum for some advice on what can be done in our situation.
My non-EEA partner has claimed asylum and had her application refused and appeal rights exhausted. We moved in together 10 months ago when she was evicted from her accommodation provided by HO when her claim was refused.
I'm an EEA national, have been living in UK for 9 years and am working supporting both of us. The situation is very difficult as my partner is not allowed to work, travel or access nhs and we have no idea what's going to happen next or when. She only goes to sign at HO and has been for the past 10 months. Our lives are on hold. Also, we can't get married as she has no documents.
My question is - do we have any chance under durable relationship EEA route? As we've been together only 10 months. We also don't have many proofs, no joint bank statements or bills and I'm the only person on tenancy agreement. The landlord can write us a letter.
Or is there any other route? We are desperate and the situation is very stressful. We are thinking of writing a letter to the HO asking what her situation is but I doubt we'll have any clear answers.
Thank you so much for any advice.
First of all,non EEA national is a failed asylum seeker,
Second not married,
Thirdly,living together for just 10 months plus no joint financial commitments.
Fourthly no child so far.
I don't thing so that you can get any relief under EU regulations unless your are a married couple and EEA national is a qualified person.
As you are in the country for last 9 years so if we assume that you are a British citizen or holds PR,then hmmm no,sorry to say as per your non EEA nationals situation under uk immigration rules,there is no hope.
It's better if your non EEA national appeal and try to convince the court on the asylum.
So my advice to your non EEA national partner is to stay on one lane and do concentration on his asylum case in appeal and should explain the family circumstances in the court.
Thanks el patron. The above is correct. We will go for it asap once we gather as many docs as possible.el patron wrote:
Non-EEA national is already ARE.
EEA national is a qualified person.
EEA national has not stated they have gained British citizenship.
Non-EEA national durable partner can by all means apply on form EEA2 and will have a right of appeal upon refusal.
After looking around the HO website I have a couple of more questions on this.el patron wrote:
Non-EEA national is already ARE.
EEA national is a qualified person.
EEA national has not stated they have gained British citizenship.
Non-EEA national durable partner can by all means apply on form EEA2 and will have a right of appeal upon refusal.
What rights does a RC confer in terms of travel? In and out of UK? Within EU? Outside EU? Can HO issue a travel document based on RC?el patron wrote:Regulations have been amended, they now allow for the consideration of applications with alternative proof of nationality, such as you describe. The guidance you are reading may be outdated, or simply inaccurate. I would expect in your partner's case that a right of appeal would arise following a refusal.
They will be very useful evidence at a hearing, take steps to secure the attendance at the hearing of the friends who wrote them.paullight wrote:personal statements from friends (they said these are not acceptable).