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Sorry, but that is not true. They need to have a substantial and durable relationship. No fixed amount of time together is and can be specified. Each situaton has to be evaluated on it's own basis. In this case they have been together for "one year plus" (whatever that means) and have a baby together. It smells to me like they might have a decent chance to apply for a Residence Card.Obie wrote:Even, if the Dutch national was working, the non-EEA will not benefit from directive 204/38EC in the UK, as it would be argued that the durable relationship has not lasted for 2 year. The best bet will be to get marrried, which i don't think the individuals in this situation wants.
In the Netherland the requirement is 6 months of cohabition.[b]Caseworker Manual for Resident Card Application[/b] wrote:
When deciding whether a partnership is durable for the purpose of an application under Regulation 8 (5) the following criteria should be applied:
•
The parties have been living together in a relationship akin to marriage which has subsisted for two years or more.
•
The parties intend to live together permanently.
•
The parties are not involved in a consanguineous relationship with one another, i.e. they are not blood relatives who would not be allowed to marry as it would constitute incest.
•
Any previous marriage (or similar relationship) by either partner has permanently broken down.
If these conditions are met then consideration can be given to issuing a Residence Card.
•
However, under no circumstances should a person be granted a Residence Card on the basis of a durable relationship if they are not lawfully resident in the United Kingdom at the time that the application is made.
Although a non-EEA national can be considered on the basis of Regulation 8 if they have provided proof that they are in a durable relationship we have discretion with regard to the issue of a Residence Card. We should not seek to exercise discretion in their favour in instances where the non-EEA national is not lawfully resident in the United Kingdom.
Any decision to refuse
Jude what is the status of the non-EEA national.jude wrote:The mother has a permantly job but on matanity leave now. Can they apply to get marraige or what? Or sent the require document to the HO now.
Other relevant aspects could be a mortgage or, of course, a child.The requirement of durability of the relationship must be assessed in the light of the objective
of the Directive to maintain the unity of the family in a broad sense12. National rules on
durability of partnership can refer to a minimum amount of time as a criterion for whether a
partnership can be considered as durable. However, in this case national rules would need to
foresee that other relevant aspects (such as for example a joint mortgage to buy a home) are
also taken into account. Any denial of entry or residence must be fully justified in writing and
open to appeal.
Obie wrote:In the Netherland the requirement is 6 months of cohabition.[b]Caseworker Manual for Resident Card Application[/b] wrote:
When deciding whether a partnership is durable for the purpose of an application under Regulation 8 (5) the following criteria should be applied:
•
The parties have been living together in a relationship akin to marriage which has subsisted for two years or more.
•
The parties intend to live together permanently.
•
The parties are not involved in a consanguineous relationship with one another, i.e. they are not blood relatives who would not be allowed to marry as it would constitute incest.
•
Any previous marriage (or similar relationship) by either partner has permanently broken down.
If these conditions are met then consideration can be given to issuing a Residence Card.
•
However, under no circumstances should a person be granted a Residence Card on the basis of a durable relationship if they are not lawfully resident in the United Kingdom at the time that the application is made.
Although a non-EEA national can be considered on the basis of Regulation 8 if they have provided proof that they are in a durable relationship we have discretion with regard to the issue of a Residence Card. We should not seek to exercise discretion in their favour in instances where the non-EEA national is not lawfully resident in the United Kingdom.
Any decision to refuse
It is not me setting the rules Directive, it is the UK government. By the way, i am in total disagreement with it, as the 2 years requirement is disproportionate.
foresee that other relevant aspects (such as for example a joint mortgage to buy a home) are also taken into account
...Absolutely not. In fact the only applications that must be approved fast and "full stop" are for direct family members that married spouses, children, grand children. These can only be turned down for very restricted reasons. These people typically only have to produce a certificate, two passports, and they are done.BLK235 wrote:Does ...mean the application must be approved - full stop?
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary6.2.5 Family members of persons in 6.2.1-6.2.4
...
• Unmarried partners and extended family members are not family members as defined by Article 2 of Directive 2004/38/EC. Rather, for the purposes of free movement rights they are ‘beneficiaries’ (Article 3 of the Directive.) Member States can facilitate entry and residence of such beneficiaries in accordance with their own domestic legislation.
