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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2172
Experience:  I am a qualified solicitor and an expert in UK law.
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My daughter who is 21 and has a 5 years EU dependent resident

Resolved Question:

My daughter who is 21 and has a 5 years EU dependent resident card through me because of my french nationality and now she is planning to get married to her boy-friend here in the UK who is a student. Please, Is it possible and would her boy-friend get EU dependent visa like her after the marriage or what can of permit will he get after
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 1 year ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

Can you confirm, what your daughter is doing in the Uk? Is she working or studying etc.

Kind regards
Customer: replied 1 year ago.

She is working.


 

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

Finally , what nationality is her boyfriend?

Kind regards
Customer: replied 1 year ago.

He is a Nigerian and master student here in UK.


Regards


 

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

If your daughter is currently exercising treaty rights in the UK for example working in the UK, then she would need to provide evidence of her doing so with her boyfriend's application.

He boy friend, after their marriage would apply for an eea residence permit on the basis that your daughter is exercising treaty rights in the UK. He would need to apply using form EEA 2, please see the following link:

http://www.ukba.homeoffice.gov.uk/eucitizens/documents-family/applying/

He boyfriend will obtain a 5 year EEA residence permit after which provided he has resided in the UK for 5 years with your daughter he will be able to apply for permanent residency.

Kindly note there is now a fee attached to EEA applications of £55.00 , the above link will provide all the required information.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 1 year ago.

Thank you very much for your good response but how is that possible because my daughter in question is a Nigerian and has a Nigerian passport but came to the UK last year as a child of an EU national and then applied for an EU family resident card which was granted.


So, how is it possible for her boyfriend to apply through what you mentioned and with EEA2 form which is for an EU dependent.


Regards.

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

Is your daughter able to apply for a french passport?

Kind regards
Customer: replied 1 year ago.

No, because she is here in UK and was born in Nigeria and came directly from Nigeria to UK with an EU family visa


 

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

I do apologies for my previous response as I was of the opinion that your daughter was also a french national.

In respect of what would the best case, then the best option would be for her to try and apply for a french passport from within the UK on the basis of being your daughter, this would be able to ease any worries in respect of her marrying in the UK to a NON EEA national. She would then be able to following the procedure in my previous answer.

If she was to marry her fiancee in her current status then this would prove very difficult as he would be applying as a dependent of a Nigerian national on a temporary EEA visa. The fact is that your daughter does not have any right to remain in the UK on her own basis and she is only in the UK on your basis. You would therefore find it very difficult to submit an application for her husband on behalf of your daughter as she herself is dependent on you.

The only option I see is if your daughter and her partner wait until either she obtains permanent residency or a french passport, allowing her to have her fiancee in the UK on her own basis and not being reliant on you.

Any application her partner makes must be on his own basis, he is unable to rely on her to make an application and subsequently remain in the UK due to her status. Until or unless she removes herself from being your dependent ie obtaining french nationality or obtaining permanent residency in the UK, she is unable to sponsor her partner to remain in the UK.

I am sorry if the advice given is not what you would have wanted but I hope you understand the logic behind the advice.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2172
Experience: I am a qualified solicitor and an expert in UK law.
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