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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, I am a South African living legally in Ireland for ten

Resolved Question:

Hi,

I am a South African living legally in Ireland for ten years. I am in a relationship with an Irish national for over two years. We want to enter the UK to go live and work using the EU extended family permit for me. I have a job offer but my Irish partner hasn't. She is still working here.

1. Can we apply in Ireland for this permit and then transfer it over to the UK or do we have to reapply when coming to the UK?
2. If Laura my partner is working in Ireland can I travel over to the UK on such a permit to work in the UK with the understanding that Laura will join me there in less than three months?
3. If neither of the above applies, can we apply for the permit with just a job offer for Laura with the intention to come over as soon as she has completed her notice period in Ireland?

Your help will be greatly appreciated.

Regards
Rudi XXX@XXXXXX.XXX
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.
Hi Rudi
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
1. A family permit is what is granted to a non-eea national when they travel to an eea national, they can then apply for a residence card which is stamped in their passport and confirms a right of residence in the UK for 5 years. DO you have a residence card and when does this expire?
Kind regards.
Tom
Customer: replied 3 years ago.
I have what they call a GNIB green card. It's a Garda National Immigration Card that allows me in Ireland. This expires in November 2011 after which I can renew it here. I don't think it allows me to live and work in the UK. From what I read a family permit also allows me to work in the UK but it is tied to a sponcer (ie my Partner). My EU partner is not working over in the UK yet but it is the intention for her to find work there. I have work but isn't sure if I can go ahead. I am also working on a tier 2 visa but the certificate of sponcorship is taking ages to get.
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your reply, I’m a bit clearer now.

You will have to apply for an EEA family permit in order to secure your leave to remain in the UK to work (as you say). You will need to apply for it before you travel and must submit the appropriate documentation to the UK embassy closest to you:-
http://www.ukvisas.gov.uk/en/howtoapply/infs/inf18eeaswissnationals
If you are not married then you will have to show that you are in a “durable relationship”, but if you have cohabited for greater than two years and can prove this by submitting documentary evidence of your relationship during this time (eg. Witness statements, correspondence, joint utility bills etc) then you should be fine in convincing them of your ummarried partner status.

You should be able to apply with only a statement from you partner that she is to exercise her treaty rights in England, as opposed to having a job offer at the time.

The difficulty is that your leave to remain are linked to hers, which means that you can only exercise your right of residence in eea member states if your partner is exercising her treaty rights in that country. This presents a problem in your case in that if you propose to travel a couple of months before her then she will be yet to be exercising her treaty rights in that country. So, really you should be denied entry and I would not thought it would be worth risking getting to the airport only to be turned away.

Sometimes EEA nationals travel out before there partners and when their partners come one their own they are asked “where is your partner” and have to produce evidence that their partner has travelled. You would not be able to produce evidence so I would caution against claiming she has travelled first because this would be deception and this is taken extremely seriously. You could receive a ban.

Sorry it could not be better news. You might either have to compromise with your partner and your new job to see if you can travel out together at the same time.



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Kind regards,


Tom
Thomas, Solicitor
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Experience: BA (Hons), PgDip, Practising Solicitor
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