I'm Confused. I Need Your Advice.

DestinyChild · Post by **DestinyChild** » Sat Nov 10, 2012 6:15 am

Hello Friends, its been a while I have posted on this forum. I have been reading the posts of other members though. I appreciate all the efforts of members as they help people in resolving their problems with sound advice and solid information.

I hold a EEA2 Residence Card as a family member of a EEA National. I am in the category of Other Family Member ( OFM ). I got my RC in March 2011 after my appeal was allowed. Here is my situation. I have found someone I love and want to marry. She is not in the UK at the moment as she lives in my home country in Africa. She has not traveled to the UK before or to any other country outside Africa. Our relationship has gotten serious and we intend to marry next year. I will be traveling to see her in February 2013 and we might get married around August 2013 ( We are definitely going to get married ).

Can I bring this lady to the UK as my wife? Since I am a family member of a EEA National with a Residence Card, can this be possible? Won't the Home Office say I am dependant on someone and still want to bring in my woman? I am working with my RC and I live in London. I can provide for my woman and she won't have to rely on public funds. I need your serious advice on this issue. What can I do to bring this lady ( I am going to marry her ) to the UK? Will she encounter any problem coming to the UK? Like I said, I hold a RC which will expire in 2016. I don't have my PR yet.

I need your advice about the steps I should take. Can the EEA National I am depending on help out on this issue? She is French and she has her PR. Besides, she has been living in the UK since 2003. I await your advice, friends. Thank You.

Post by **sheraz7** » Sat Nov 10, 2012 8:54 am

I do not think this will work at all and there may be rigorous ukba investigate starts to determine your existing marriage's legality.

smalldog · Post by **smalldog** » Sat Nov 10, 2012 8:58 am

Unfortunately for you, you have no rights to bring any dependants to the UK. It is your EEA national family member who has that right. As you mentioned in a previous post that your EEA national family member is your cousin, I very much doubt that your future spouse could be considered part of your cousin's family. In addition, if you get married and start a family life together, it is very unlikely you could still be considered dependent on your cousin and you will lose your own eligibility to remain in the UK.

Maybe it's not what you want to hear but I think you need to consider starting your married life together in your home country.

DestinyChild · Post by **DestinyChild** » Sat Nov 10, 2012 9:19 am

@Sheraz7,

I have not been married before. The EEA National is my Cousin and we grew up together and also lived in the same household. Our Mothers have the same parents. So you can understand the relationship between us.

@smalldog, you have your own points. I respect your opinion. However, I think you are being needlessly harsh to an extent. My RC states that I am allowed to work or run business. The rules only state that I only have to be a member of the EEA National's household as she is maintaining treaty rights. My wife does not have to be fed or clothed by the EEA National. It is the EEA National's activities that matter, not mine. I am not committing any crime by working because I am contributing to the UK economy. I think what you are scared of is that I want to bring another African to the UK. I have other options, you know. Thanks anyway.

I need more views of this situation and advice from other members of the forum. Thank you, guys and ladies.

DestinyChild · Post by **DestinyChild** » Sat Nov 10, 2012 9:33 am

@Members of The Forum,

Why would the UKBA/Home Office issue a RC which states that 'Employment and Business Activities Allowed' if the UK Government believes that Non EEA Family Members should remain dependent on their EEA National Sponsors? I think it would be a double faced rule which the UK only benefits from. What do you think about this?

I am also thinking of bringing my woman here for her Masters Degree and then we will both find our way to a more welcoming country, if the UKBA/Home Office refuses to allow us live together as a couple without me losing my RC and status. Cheers.

I would love to hear your opinion on this. Thanks.

asamant18 · Post by **asamant18** » Sat Nov 10, 2012 10:49 am

Do not do that if you don't want your RC to be cancelled.
As HO will have a good reason to do so,stating that you urself are dependent and want to bring someone else.
I somewer read about a similar case wer the guy(holding RC dependent on eea member)wanted to bring his wife and when he applied for her found out that infact HO revoked his.stating he breached the eu law.

DestinyChild · Post by **DestinyChild** » Sat Nov 10, 2012 11:17 am

asamant18,

Ok. Thanks for your advice. It seems I will not be able to bring my woman here as a dependant of a EEA National. I love this lady and we are really meant for each other. I also hold a UK Residence Card and I don't want to lose it. There are some advantages to my being here in the UK and I don't want to lose such privileges. I don't want to be far from my woman and I'm thinking of her coming to do her Master's here while we plan to move to another country where we can be together. What do you think, mate? I am working with my RC and I don't want to lose the privilege the UK has given me. Please I need your advice. What other routes can my woman use to come to the UK legally? Thanks a lot.

Post by **sheraz7** » Sat Nov 10, 2012 11:47 am

Eea law is consist on some standards set of rules and unfortunately we individually cannot change them but we need to obey these rules otherwise we need to live such place where these not apply on us i.e our homeland.

DestinyChild · Post by **DestinyChild** » Sat Nov 10, 2012 12:33 pm

@Sheraz7,

Thanks for your advice. I love my woman and I want to be with her. The best thing is to let her come to the UK for her Masters so that she will have the exposure of living in the western world. Then we can both move to another country where we can live as husband and wife. I am due to get my PR by 2016 if I don't break my residence in the UK. I thought that I would find my woman here in the UK or in Europe but it so happens that I found her in my country of origin an she is the answer to my prayers. It would be better for her to come for her Masters in Britain ( At least we'll be together. It will not be good for two of us to be apart ) and then we can proceed to another country ( Canada is on my mind ) to live there. Going back to my home country is not the best option for now. What do you think, guys? Thanks a lot.

Mordoklej · Post by **Mordoklej** » Sat Nov 10, 2012 12:54 pm

Don't get yourself involved into this or you may lose your rights to stay and work in the UK. If you want to be together in the UK then she should apply for her own visa. People get visas to study in the UK. It's the only route for her that won't affect you.

Once you obtain your PR you will be safe, until then lay low.

Post by **Obie** » Sat Nov 10, 2012 1:15 pm

There is a human rights issue here which cannot be simply ignored.

If you are employed, still lived in the same household as your sponsor, the Non EU national will not be a burden on the state, then you have a case.

Obviously you will have to show that you meet all the condition in the immigration rules other than holding a leave to remain.

In Rahman, the ECJ state that the requirement that someone continue to be dependant or members of the household in the host memberstate, does not fall within the scope of the directive. Whether this mean that the UK cannot make such requirement, remains to be seen.

I wish you all the best. if you are prepared to pursue a legal battle, i believe you have a good prospect of succeeding.

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I'm Confused. I Need Your Advice.

I'm Confused. I Need Your Advice.