Application for EEA Family permit- Please help me!!

[Mrs.mdeben]

Hi. I'm new to this forum. Hopefully someone can help me answer all my questions. I will write here some introduction and ask my question at the end.

I'm a Filipino Citizen lived and worked in Cyprus as my parents are living there. They are both Cypriot citizen, unfortunately I'm not because I did stay in Philippines to study. Anyway, at the moment I'm here in UK since December 7, 2013 holding a tourist visa with my fiance. We are getting married in Cyprus on May 19 as family and relatives are living there and I met my fiance there 1 year and 5 months ago. He is a British citizen living and working in Cyprus since 2011. We are living together since we started our relationship, we decided to visit UK to meet his family, relatives and friends, we then decided to stay longer so we can see If I will like here. All in all, we stayed in UK for 4 months.

My concerns are:

1. As a British Citizen, you are only allowed to use the EEA route if you are exercising your treaty rights in a member state except your home country (as I said, he is a permanent resident in Cyprus), he still works in an Investigation company in Cyprus while we are in UK. But I'm worried that we are here in UK for 4 months though he still working in the company based in Cyprus. Are we still allowed to use the EEA route? We will go back to Cyprus on May 17, get marry and apply for family permit.

2. On the other side, he is also entitled to get an Italian passport because he's father is Italian, do you think its a lot more better to get the Italian passport and use it for applying Family permit?

I'm really confused at the moment. So please help and answer my questions. All the documents we needed are prepared already, this is the only thing that Im really confused.

Thanks in advance. xxx

[rosebead]

Applying for EEA Family Permit straight after you get married in Cyprus might I suspect trigger accusations of marriage of convenience as is often the case with Home Office. In that case, to satisfy the HO that it isn't a convenience marriage they generally require proof that you've had a durable relationship for at least 2 years.

The other issue is that the UK now requires the British sponsor to have transferred his centre of life to the host EU country in order for you to qualify for an EEA FP. Before coming back to the UK I would say that your partner had indeed moved his centre of life to Cyprus as he is employed there and he had lived there for 3 years, but knowing how the minds of UKVI caseworkers work they might say that your husband has now moved his centre of life back to the UK in the last 5 months. Obviously it would be better if you and your partner returned to Cyprus pronto if you wish to make it look like his centre of life is still in Cyprus and not the UK. Ideally after you get married, I'd stay a few months more in Cyprus before you apply for the EEA Family Permit, but it's up to you.

[Mrs.mdeben]

Applying for EEA Family Permit straight after you get married in Cyprus might I suspect trigger accusations of marriage of convenience as is often the case with Home Office. In that case, to satisfy the HO that it isn't a convenience marriage they generally require proof that you've had a durable relationship for at least 2 years.

The other issue is that the UK now requires the British sponsor to have transferred his centre of life to the host EU country in order for you to qualify for an EEA FP. Before coming back to the UK I would say that your partner had indeed moved his centre of life to Cyprus as he is employed there and he had lived there for 3 years, but knowing how the minds of UKVI caseworkers work they might say that your husband has now moved his centre of life back to the UK in the last 5 months. Obviously it would be better if you and your partner returned to Cyprus pronto if you wish to make it look like his centre of life is still in Cyprus and not the UK. Ideally after you get married, I'd stay a few months more in Cyprus before you apply for the EEA Family Permit, but it's up to you.

Hi. Thank you for your reply.

We lived together for 1year and 5mos now. Since we started our relationship we are already living together and there is no gap on it. Documents i have to prove our relationship:
1. Rental agreement since the 1st day together
2. Photos together and some tickets when we traveled
3. Facebook conversation (not a lot as we are living together)
4. Letter from his parents that we lived with them when we were in UK

On the other hand, he is a permanent resident in cyprus since 2011, got a permanent job as a full time international investigator and got a new job last 2013 as a freelance investigator. He owns a car in cyprus and we have rented house as well even we were in uk. We stayed in uk for 4mos for an extended holiday so i can see most of england but he's still working with the company (he can work via phone and internet as he have staffs in different countries) We dont have neither car or a house in UK, he is also an active member of freemason.

Any thoughts?

[rosebead]

Try it and see - you won't lose anything and it's free to apply for FP. It's hard to predict how UKVI caseworkers will see it as it seems they try to find any excuse to reject an application. You said you have been in UK since December so that is actually 5 months, which UKVI caseworkers might view as an unusually long holiday. I'm not sure how your partner has Permanent Residence status in Cyprus as under Directive 2004/38 it takes 5 years to achieve that (unless you mean that he has "domestic" indefinite leave to remain in Cyprus as opposed to EU-type Permanent Residence). In the Directive only stays of under 6 months away from a host country are considered "temporary absences" if you're not an EU-type permanent resident. I don't feel your habitual residence is in the UK from what you've told me, but as I said it's hard to predict how UKVI caseworkers will view it. I do recommend that you both return to Cyprus at least before your stay in the UK becomes 6 months.

Generally for newlyweds it's recommended that you have as backup 2 years evidence of a durable relationship in case of accusations of convenience marriage.

[Mrs.mdeben]

Try it and see - you won't lose anything and it's free to apply for FP. It's hard to predict how UKVI caseworkers will see it as it seems they try to find any excuse to reject an application. You said you have been in UK since December so that is actually 5 months, which UKVI caseworkers might view as an unusually long holiday. I'm not sure how your partner has Permanent Residence status in Cyprus as under Directive 2004/38 it takes 5 years to achieve that (unless you mean that he has "domestic" indefinite leave to remain in Cyprus as opposed to EU-type Permanent Residence). In the Directive only stays of under 6 months away from a host country are considered "temporary absences" if you're not an EU-type permanent resident. I don't feel your habitual residence is in the UK from what you've told me, but as I said it's hard to predict how UKVI caseworkers will view it. I do recommend that you both return to Cyprus at least before your stay in the UK becomes 6 months.

Generally for newlyweds it's recommended that you have as backup 2 years evidence of a durable relationship in case of accusations of convenience marriage.

I miscounted the months, sorry for that, we came december 7, 2013. I know it looks weird that our holiday is so long, we ware staying on his parents house because we dont have any house as I told you that our rented house is in cyprus, we dont have car here too and were just using his dad's car. We are here in UK but he still employed by the Cypriot company. I dont really have any idea how will I explain it on my application. We decided to stay longer as we want to see if I will like here.

Maybe Im wromg about PR? He's holding a yellow slip from Cyprus. Its a registration certificate explaining that they our resident there.

We already booked our flight this saturday as our wedding will be in monday. My family is laready preparing for it. Plan is to apply for eea family permit soon after the marriage as my parents is paying for our honeymoon back in Uk.

I really dont have idea what will i do, i collected alot of evidences and documents at the moment but Im worried about our situation.

[rosebead]

No I'm afraid your partner is not a Permanent Resident - a Registration Certificate is something that an EU citizen can obtain as part of an administrative formality in his host country. Therefore if he does not wish to break the continuity of his residence he should not be absent from his host country for more than 6 months.

Just go ahead with your plans, you may still get an EEA Family Permit. I'm just saying that these might be the possible issues that could crop up, but then again they might not. Even if you get refused, you can appeal and/or apply again as much as you like. Sooner or later you will most certainly get the EEA FP, but it might be that you will have to live in Cyprus for a bit (no more than 6 months at the most I reckon).

[Mrs.mdeben]

No I'm afraid your partner is not a Permanent Resident - a Registration Certificate is something that an EU citizen can obtain as part of an administrative formality in his host country. Therefore if he does not wish to break the continuity of his residence he should not be absent from his host country for more than 6 months.

Just go ahead with your plans, you may still get an EEA Family Permit. I'm just saying that these might be the possible issues that could crop up, but then again they might not. Even if you get refused, you can appeal and/or apply again as much as you like. Sooner or later you will most certainly get the EEA FP, but it might be that you will have to live in Cyprus for a bit (no more than 6 months at the most I reckon).

Thank you very much.

So you think that is the only prblem that we might face when i apply? Staying in UK for 5 months? Any other hole you can see? I will try to apply, its free anyway so I will try it next week maybe 2 days after the wedding.

[rosebead]

Yes the 5 month UK stay could be an issue, plus the application for EEA FP straight after the marriage. But it really depends on the UKVI caseworker that you get, as some are lenient and others are unreasonably harsh.

[Mrs.mdeben]

Yes the 5 month UK stay could be an issue, plus the application for EEA FP straight after the marriage. But it really depends on the UKVI caseworker that you get, as some are lenient and others are unreasonably harsh.

On the other hand, he is also entitled for Italian passport because his father is italian, he can just go to Italian embassy, pay and get it on the same day or next day. Do you think its worth it to just get an italian passport?

What is your view on it?

[rosebead]

Your partner would then have to renounce his British citizenship, as the HO's restrictive view is that if you have British nationality (even if you have another EU nationality) then you are British, and so your partner would still have to complete the Surinder Singh route so that you can obtain EEA FP. Renouncing British citizenship is a big step.

[Mrs.mdeben]

Your partner would then have to renounce his British citizenship, as the HO's restrictive view is that if you have British nationality (even if you have another EU nationality) then you are British, and so your partner would still have to complete the Surinder Singh route so that you can obtain EEA FP. Renouncing British citizenship is a big step.

Oh I see. That is a big thing. Never mind. Our flight is Saturday, will apply maybe 2 days after the wedding so let's see and will let you know. I will post a new thread about my husband's declaration, please check it out and tell me if it ok.

Thanks you again rosebead.

[rosebead]

No prob, good luck

[Mrs.mdeben]

No prob, good luck

Thanks, I really need a goodluck. Lol. Will let you know what happen on the application in the future.