http://www.lawcentreni.org/EoR/immigrat ... tions.html
Read Both Rules Below:
UK Immigration Rules
Application for visa for spouse/civil partner/unmarried partner of UK citizen or person settled in the UK.
1. Financial and age requirements that:
• couple can maintain themselves and dependants;
• genuine relationship;
• adequate accommodation is available;
• neither the applicant nor the spouse/civil partner/unmarried partner in the UK will be under 21 years old on the date of applicant’s arrival in the UK.
2. Applications from outside the UK to UK embassy or consulate where non-EEA spouse/civil partner/unmarried partner lives. Application is made on a VAF4A form. £750 non-refundable fee (rate from 22/11/2010, as are other fees mentioned below). Couple may be interviewed. Can be slow.
If successful, granted 27 months leave to enter the UK with no restriction on working and a condition of no additional recourse to public finds for non-EEA national once in the UK.
3. Applications from within the UK to UKBA. Applicant must have permission to be in the UK for more than six months (except holders of fiancé or proposed civil partner visas). You cannot obtain spouse/civil partner/ unmarried partner visa as overstayer, visitor, asylum seeker. The application is made on Form FLR(M). It costs £500 postal fee, plus a separate fee of £150 for each dependent child, or £800 to have the application dealt with faster via a premium service, plus a separate fee of £200 for each dependent child. Applicants must provide originals of all accompanying evidence. Couple may be interviewed. Can be slow.
If successful, granted 24 months leave to remain in UK, during which time the non-national spouse/civil partner/unmarried partner can take employment, but will be restricted from accessing ‘public funds’.
If unsuccessful, there may be a right of appeal - seek advice immediately.
4. After two years residing in the UK as the spouse/civil partner/partner, one can apply for Indefinite Leave to Remain (‘ILR’) on Form SET(M). Postal fee of £900 plus a separate fee of £250 for each dependent child, or £1,250 to have the application dealt with faster via a premium service, plus a separate fee of £350 for each dependent child. Provide originals of all evidence. Essential to apply before expiry of leave to remain to avoid becoming an overstayer. Must pass Life in the UK Test, and fulfill English language requirements.
5. Children up to the age of eighteen who are not EEA nationals, are not married and are still dependent can apply to accompany their parents under spouse/civil partner/unmarried partner visas. Requirement that the family show sufficient resources to maintain themselves as well as adequate accommodation. No recourse to public funds for non-national children during probationary period.
Note: There are provisions under the Immigration Rules for other dependent family members to apply to enter the UK. These are complicated applications and specialist advice should be sought.
6. Couples who have been married and living together abroad for more than four years, and couples who have been civil partners and living together abroad for more than four years, can apply straightaway for indefinite leave to enter the UK without the 27 month ‘probationary period’ if one of them is a UK citizen or settled in the UK and they travel to the UK together.
7. Relationship breakdown ends entitlement to spouse/civil partner/ unmarried partner status during the 27 month probationary period. Relationship breakdown is irrelevant after ILR granted.
Note: Where a couple separate following domestic violence suffered by the non-national spouse/civil partner, ILR can still be granted. Seek further advice immediately.
EEA Regulations
Application for EEA Family Permit/ Residence card for non EEA spouse/civil partner of EEA with a right to reside in UK under EU law.
1. Requirement that EEA national is residing in accordance with the EEA Regulations.
No financial or accommodation requirements.
Genuine relationship.
2. Applications from outside the UK to UK diplomatic post where non-EEA spouse/civil partner lives. Application is made on a VAF5 form. No fee. Generally an ‘over the counter’ speedy procedure. In some cases, applicants may be interviewed and if so it should be expedited.
If successful, granted six months EEA Family Permit. Once in UK, no restriction on access to public funds and non-EEA spouse/civil partner can take employment.
3. Applications from within the UK on Form EEA 1 and 2 for a registration certificate for the EEA national and a residence card for the non-EEA family member. No fee; no interview; no financial requirements. The principle of direct effect in European law creates an automatic entitlement for eligible immediate family members, therefore the application is for a document confirming already existing status. Must be processed within six months beyond six months are open to challenge as unlawful. The applicant should be issued with a Certificate of Application shortly after lodging forms EEA 1 and 2 with UKBA. This will acknowledge receipt of the application and set out applicant’s rights.
If successful, normally valid for five years during which time no restriction on access to public funds for most applicants. Most non-EEA family members can take employment.
If unsuccessful, there may be a right of appeal – seek advice immediately.
4. After five years in the UK as EEA family member, can apply for a Permanent Residence Card using Form EEA3 or EEA4.
No interview; no financial requirement; no fee.
Must establish that the EEA family member has had an EU law right to reside in the UK for the previous 5 years
5. ‘Family members’ for EEA permits can include:
• children and grand-children up to the age of 21;
• children and grand-children over the age of 21 if they are still dependent;
• dependent parents, grandparents and great grandparents;
• in certain circumstances, other members of the EEA national’s household, or a person who is in a ‘durable relationship’ with an EEA national, or a relative of the EEA national or their spouse/civil partner who, on serious health grounds, strictly requires the personal care of the EEA national or their spouse/civil partner. (These are complex applications – specialist advice should be sought.)
6. Length of marriage or civil partnership isirrelevant.
7. Relationship breakdown does not necessarily end entitlement to EEA residence card.
Spouses/civil partners retain entitlement as a family member if they separate, as long as the marriage or civil partnership has not been dissolved (by decree absolute or final dissolution order). If the marriage or civil partnership broke down because the non-EEA national was the victim of domestic violence, s/he may retain the right of residence even where marriage or civil partnership is dissolved.
Irrelevant after Permanent Residence documents are issued. This is a complicated matter and specialist advice should be sought.
However, separation does end EU right to reside in the UK for people in a ‘durable relationship’ who are neither married nor civil partners.
If the EEA spouse dies, the marriage or civil partnership lasted at least one year, and the non-EEA family member is her/himself a worker or self employed person, the non-EEA family member retains the right to reside in the UK.
Note: There are other circumstances where a non-EEA national retains the right to reside although the marriage/civil partnership is dissolved. In the event of the dissolution of a relationship in these circumstances, you must seek specialist legal advice.
