- 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
thanks Guerro, but is this really possible? Why then would anyone choose to go the Eu route (5 years) rather than the UK route for just two years with the SAME partner.Guerro wrote:In your case, you can use any of these ways, European or domestic uk routes. The choice is merely yours
This seems perfectly correct.d1o wrote:It would appear (from general reading) that if a non EEA unmarried partner of an EU citizen waited till the EU citizen obtained PR in the UK (after exercising treaty rights), then the non EEA partner could apply for unmarried partner visa under UK law, and get indefinite leave after just two years on this.
If EU citizen does not have PR status yet, the non-EEA unmarried partner can get first EEA FP visa which is for 6 months to enter the UK. After entering the UK he/she may apply for residence card for 5 years (it is not called "visa", is it?). You are asking what would happen if EU spouse gets PR, say, one year after non-EEA arrival to the UK? My guess is he or she will have to wait 4 years and get PR according to the community law as a partner of EU citizen. There was a thread explaining that one cannot switch back to domestic immigration rules after getting residence card according to the EU law. The idea was that no cherry-picking is allowed in this particular garden.d1o wrote:But if this application was done before the EU citizen obtained PR status, the non-EEA would get an Unmarried Partner visa valid for 5 years before being eligible for Indefinite Leave or Permanent Ressidence- even if the EU citizen obtains PR some time in between.
Is this correct? Any takes?
I would rather ask why anyone who does have the choice would choose the UK route! Compare the application fees for a start.d1o wrote:thanks Guerro, but is this really possible? Why then would anyone choose to go the Eu route (5 years) rather than the UK route for just two years with the SAME partner.Guerro wrote:In your case, you can use any of these ways, European or domestic uk routes. The choice is merely yours
While it costs £550 to go the UK route, it does knock out the extra 3 years of waiting required for the EU route.fysicus wrote:I would rather ask why anyone who does have the choice would choose the UK route! Compare the application fees for a start.d1o wrote:thanks Guerro, but is this really possible? Why then would anyone choose to go the Eu route (5 years) rather than the UK route for just two years with the SAME partner.Guerro wrote:In your case, you can use any of these ways, European or domestic uk routes. The choice is merely yours
The Minister for Immigration (Damian Green) wrote:Our fourth objective is to create new and effective policies. We are closely scrutinising the whole marriage route and looking at measures to tighten it. We have already announced that we intend to consult on extending the probationary period before settlement for spouses beyond the current two years. An additional period would give us a longer time to test the genuineness of a relationship. We will be making further proposals affecting marriage as an immigration route later this year. I commend the order to the Committee.
I am not given to banter of this nature but I'd make an exception in your case as you might actually learn something from it if you have the capacity to do so....after all, we all continue learning all our lives.rachellynn1972 wrote:d1o or what you call yourself, are you advertising for the UKBA? or are you a staff of UKBA?. well if you already know what to do why are you here on this forum?
Pay what ever you like and be under the UK rule, To us here, EU Rule is better for us, we here in genuine relationship is ready to wait for 5yrs, but because u are fake, you are ready to pay your way. People watchout here and dont respons to those who know what they want and asking question to advertise their course.
you might be able to learn a thing or two from the prior post...or maybe not.toni34 wrote:rachellynn1972 wrote:d1o or what you call yourself, are you advertising for the UKBA? or are you a staff of UKBA?. well if you already know what to do why are you here on this forum?
Pay what ever you like and be under the UK rule, To us here, EU Rule is better for us, we here in genuine relationship is ready to wait for 5yrs, but because u are fake, you are ready to pay your way. People watchout here and dont respons to those who know what they want and asking question to advertise their course
i agree with you i can wait 20 years to get my pr.me and my eu partner's relationship is rock solid
You see, your current scenario is exactly what I am trying to understand. Incidentally, it appears different people are having different views on this and even UKBA seems to be giving conflicting info as well.daneshmand wrote:I have been living with my girlfriend for almost two years, she is polish and has got permanent residency, we thought that I could apply for unmarried partner visa but I just phoned homeoffice and I was told we have to use EEA2 form and apply for family member visa, although my gf has got permanent residency but still EEA regulation would apply to us and we cannot apply for unmarried partner visa.
Anyway, I would like to know if I get family member visa how long should I wait before I can apply for permanent residency is it 5 or 3 more years?
Thanks,
If the EEA national has permanent residence you can choose either route. A person with permanent residence is settled in the UK within the meaning of paragraph 6 of the immigration rules.d1o wrote:You see, your current scenario is exactly what I am trying to understand. Incidentally, it appears different people are having different views on this and even UKBA seems to be giving conflicting info as well.daneshmand wrote:I have been living with my girlfriend for almost two years, she is polish and has got permanent residency, we thought that I could apply for unmarried partner visa but I just phoned homeoffice and I was told we have to use EEA2 form and apply for family member visa, although my gf has got permanent residency but still EEA regulation would apply to us and we cannot apply for unmarried partner visa.
Anyway, I would like to know if I get family member visa how long should I wait before I can apply for permanent residency is it 5 or 3 more years?
Thanks,
Picture this:
Currently in the UK on one of the points based Tiers.
Been in a durable (unmarried partner) relationship with an EU citizen for the last two years.
EU partner due for Permanent Residency next year (will have worked for a continuous five years by then).
Had wanted to know if I waited (not apply for Unmarried Partner now) till next year for partner to obtain Permenent Residency, could I forward my application for Unmarried Partner then...under UK rules (EU partner being a person "settled" in the UK then) or whether it would still have to be under EU rules till the EU partner obtains UK citizenship.
Spoke to UKBA and was told that while EU citizens live and work here under EU rules without let or hinderance, when they choose to apply for Permenent Residency, they have in effect requested to become subject to UK rules and that PR is issued to them under UK rules, and an unmarried partner application made after that point can be considered under UK rules if desired.
Would appear they have now, told you the complete opposite and it is all so confusing and I do welcome any meaningful thoughts or input...
In short, the question is: Can an EU citizen with Permenent Residency in the UK be treated as someone resident and "settled" in the UK for the purposes of an Unmarried Partner application under UK rules just like people with Indefinite Leave to Remain (ILR)?
PS...I am aware that the EU route is free of charge and the UK route is not. That is besides my point. I just need advice on the workability of these choices.
Yes it does. However for her periods as a student she would require to have had private health insurance (CSI - Comprehensive Sickness Insurance) in order to obtain "settled" status automatically. This insurance must have been valid when she was a student. It can't be back-dated by buying it now. Alternatively, if she hold a EHIC card from her home country or was issued with a Residence Permit by the HO as a student, then the HO will waive the need for the insurance.AlexeiB222 wrote:... I've read that for EU citizens living continuously for over 5 years makes them automatically settled - but does that count as settled for the purposes of this application? ...