Enquiries

[DIDI443444]

hello everyone, Im from Kenya and my girlfriend is from Bulgaria. i am studying in the Uk and she is living in the UK for a student exchange program.we are living together for a while. Please i just want to find out if i will have a right to stay and work in the UK if i apply to the home office for living together.
thanks

[vinny]

Have you lived together for at least 2 years?

[EUsmileWEallsmile]

If you are living in a relationship akin to marriage, then in principal you could apply. Success would depend on what evidence you could provide.

[DIDI443444]

thanks EUsmile and Vinny. We have been living together for 4 months and we have some evidence like utility bills , facebook pictures and text. My main problem is because Bulgarian and Romanian joined the EU in 2007 so they both don't have the right to work in the UK unless they apply for a certificate that gives them the full right to work. So am confused about it.
Thanks
Didi

[EUsmileWEallsmile]

You may struggle to prove durable relationship with four months co-habitation. You are correct, A2 nationals need a work permit to work for work in the general employment market.

[DIDI443444]

Thanks EUsmileWEallsmile
Please will i have the right to stay and work even if she doesn't have the right to work?

[MelC]

were you in a relationship prior to you both being in the UK?

I will assume that you and your girlfriend have met since you both entered the UK....

you have met and formed a relationship, however that relationship is quite new, and by the legal benchmark, not yet "durable", although your relationship IS "akin" to a marriage.

your girlfriend as an A2 national has conditions on her residence in the UK, as your relationship most likely doesn't qualify under "durable" your own status is whatever it is on your own entry visa to the UK.

for all intents and purposes you and your girlfriend might actually be just "flat mates" and saying you are in a relationship to secure Residence for you....

this is how for immigration purposes your relationship must be viewed initially, and however ticked off by that people feel, everyone should accept that and be prepared for it, and willing and able to show that this is not the case.....

that is the obstacle that you need to overcome, and at this time you do not have any rights derived through your relationship because it is not yet durable by the benchmark, however, having things in joint names and living together "akin" to a marriage is showing intent, and with the best will in the world no-one can "prove" a future relationship ~ that it will or will not occur, one can only state or show INTENT ~

so the more that you and your girlfriend do as a "couple" ~ as the "normal", "average" couple, the more intent you display?

I would think it unlikely that at this time the HO would consider you as an OFM, but if you did chose to notify them that you were now in a relationship, "akin" to a marriage, be prepared for a negative response, however should your situation result in appealing decisions in the future, you would have something to rely on at that time?

[EUsmileWEallsmile]

your girlfriend as an A2 national has conditions on her residence in the UK, as your relationship most likely doesn't qualify under "durable" your own status is whatever it is on your own entry visa to the UK.

The restrictions on A2 apply to work. In general, A2 need a work permit, ie permission to work from the UK authorities. They do not need permission to be self employed.

If they are a student, self-sufficient, self-employed they can exercise treaty rights like any other EU national.

[MelC]

your girlfriend as an A2 national has conditions on her residence in the UK, as your relationship most likely doesn't qualify under "durable" your own status is whatever it is on your own entry visa to the UK.

The restrictions on A2 apply to work. In general, A2 need a work permit, ie permission to work from the UK authorities. They do not need permission to be self employed.

If they are a student, self-sufficient, self-employed they can exercise treaty rights like any other EU national.

yes, his girlfriend is a student, on an exchange program, (have to admit i had missed that it was an exchange program) so she has restrictions on her residence, as do all EU students, I wonder if it being an exchange program makes any difference to her status? as her being in the UK might be for a set period? of which if the OP was her spouse and had entered with her, he would have an RC for that same period of time.

once her exchange period has expired she can remain, and exercise her treaty right in any of the other ways....?

But I think the OP is bound at this time by his own visa, as their relationship is not "durable" at this time?

effectively what he is asking is: that as a foreign national student on a student visa in the UK, who has met an EU student (on an exchange program) who is also an A2 national, can HE, the foreign national avail himself of EU treaty rights.... the right to remain and to work, of which i suspect he wishes to remain after his visa finishes, and that his visa does not permit work.

the logical answer, at this time would be no? should be no?

because at this time they do not meet the criteria?

I would not suggest that they get married, however marriage would avail the OP to what he seeks?

and it would be quite right, IMHO for such a marriage/relationship to be investigated?

and I am sorry if that (my personal opinion) offends people, but as much as I don't like the Govt flounting EU law, I don't like anyone else doing it either, and NO i am NOT saying that the OP is doing that, I am saying that he needs to be prepared for himself and his girlfriend to be viewed that way and to be able to show that their relationship is genuine.

It comes back to their showing intent, which they are doing? which can only go in their favour?