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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2038
Experience:  I am a qualified solicitor and an expert in UK law.
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If I obtain a PARTNER OF A BRITISH CITIZEN OR SETTLED PERSON

Resolved Question:

If I obtain a 'PARTNER OF A BRITISH CITIZEN OR SETTLED PERSON' to enter and live in the UK with my British partner, is that Visa the same as having a 'Residence card of a family member of a Union citizen' that is obtained in most other EU countries?

If it is not, should I perhaps live with my girlfriend in Ireland for some time and complete the EU1 form; and get the Residence Card that way?

Does the Residence Card obtained in one member state, allow you to live in another member state; provided you register with the government authorities?
Submitted: 11 months ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 11 months 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.

1. No a spouse visa is issued under the Immigration Rules and a EEA Residence card is issued under the EEA regulations.

2. Yes if you live in Ireland then your spouse will be seen as an eea national and therefore when you enter the uk with your spouse you will be issued with an EEA family permit for 6 months which you can change to an eea resident permit which will be issued for 5 years. Let me explain further.

As a general rule, family members of British citizens do not qualify for an EEA family permit. Article 3 of the Directive essentially says that an EEA national cannot be considered as exercising freedom of movement in their own State -

This Directive shall apply to all Union citizens who move to or reside in a Member State other than that of which they are a national, and to their family members as defined in point 2 of Article 2 who accompany or join them.

However, where an EEA national has exercised a treaty right in another Member State as a worker or self-employed and they wish to return to their own State having exercised that right, certain provisions may apply in order for their non-EEA family members to qualify under the EEA Regulations.

A British national and his / her non-EEA national family members can only benefit from free movement rights if they meet the criteria established in the ECJ case of Surinder Singh. The case stated that nationals of a Member State who are exercising an economic Treaty right (that is, as a worker or self-employed person) in another Member State will, on return to their home state, be entitled to bring their non-EEA family members to join them under EC law.

Example: A British national is exercising an economic Treaty right in Germany and living with his non-EEA national spouse and children. On the British national's return to the UK, his non-EEA national family members can apply for an EEA family permit to join him under EC law.

The Surinder Singh judgment is incorporated into the EEA Regulations in Regulation 9. Family members of British nationals who meet the requirements of Regulation 9 are treated as family members of EEA nationals for the purposes of the EEA Regulations.

Applications for EEA family permits must meet the following criteria:

The British citizen must be residing in an EEA Member State as a worker or self-employed person or have been doing so before returning to the UK.

If the family member of the British citizen is their spouse or civil partner, they are living together in the EEA country or must have entered into the marriage or civil partnership and have been living together in the relevant EEA country before the British citizen returned to the UK.

Because EEA nationals have an initial three months right of residence in the UK, there is no requirement for the British national to be a qualified person on arrival. Therefore, an EEA family permit can be issued to the non-EEA national family member of a British national even if they are only visiting the UK with the British national before returning to the Member State where they are resident.

3. Regarding a resident card issued in the uk you can only live in the uk using this resident card , what you need to take in to account is that your residence card is issued due to you and your partner residing in the UK, it cannot then be used to reside in another country, for this you need to obtain residency card for the country you wish to reside in.

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 11 months ago.

Brilliant reply. To summarise;


 


We have been living together for 21 months here. We have a tenancy agreement, and both our mail comes to the same address. We do not, however, have joint bank accounts.


 


If we fly to Ireland, and rent together for a further 3 months, can we then fill out the EU1 form and obtain a Residence Card for myself? I will have a job abroad in Egypt (month on, month off), and will be sustaining her while she looks for work. She will not require access to public funds.


 


After obtaining the Residence Card, we come down to the UK. We will then need to again, apply for a Residence Card in the UK for me to stay in the UK for longer than 3 months? And if we wanted to live in another member state, I'd need to obtain another card again?


 


My income is very high, and we will have in excess of $100k savings before going over there. Is that enough to show we are both able to support ourselves when applying for a visa (assuming she is unable to find work)?

Expert:  UK_Lawyer replied 11 months ago.
Thank you for your reply.

Yes your summary is correct apart from the fact that you do not need to apply for an eea family permit prior to travelling to the uk (if your partner and you have already lived in Ireland together. The 6 months eea family permit will be issued to you on arrival.

You can then apply for your residence card any time before your eea family permit expires.

Your british spouse needs to be exercising treaty rights in another member State so they must under employment of some sort so they can show this proof upon entry to the UK so you can be issued with an EEA FAMILY PERMIT.

You should be able to use your savings as proof you are able to maintain yourself in the uk upon entering.

I hope this clarifies the matter.

Kind regards
Customer: replied 11 months ago.

Right. So I obtain a residence card in Ireland to reside there. Then when we are ready (how long would you suggest living in Ireland?), we come down to the UK. Here, we are issued an EEA Family Permit. I then fill out the EEA2 form for the Residence Card in the UK.


 


Does this mean I will not have to apply for UK's 'Family and Partner' Visa (that only gives 2.5 years) to stay? I can thus stay for 5 years?


 


From the HMRC site;


You are said to be exercising Treaty rights if you are:



  • employed or self-employed; or

  • studying; or

  • economically self- sufficient (meaning that you have sufficient funds to support you without requiring public funds); or

  • a jobseeker; or


 


So looking for work and/or having a sizeable amount of cash in a bank and a signed contract stating my income should suffice?


 


A EEA Residence Card issued in Ireland or UK, does not allow me to move to another member state and reside there for the remainder of the validity, correct? If I was to move, I would need to apply for another Residence Card in that member state?

Expert:  UK_Lawyer replied 11 months ago.
Thank you for your reply.

1. I would suggest you reside in Ireland for at least 6 months.

2. Yes you will be issued with an EEA FAMILY PERMIT on arrival to the uk and then you apply for an EEA RESIDENT PERMIT which will be issued for 5 years.

3. Yes this should be sufficient but the british national would have to provide evidence of seeking employment, but just for the sake of completeness I would suggest that you undertake employment as you can then show payslips on your arrival to the uk.

4. Yes the residence card will need to be of the country you are residing in it cannot be for another country.

I hope this clarifies the matter if so kindly rate my answer positively.

Kind regards
Customer: replied 11 months ago.
Thanks very much for everything. Well worth a tip!

I will be working in Egypt for 28 days, and then coming back for 28 days. I'll have invoices and bank statements to show, but that is about all.

My British girlfriend will look/work in Ireland, and then quit to come to UK to look for work.
Expert:  UK_Lawyer replied 11 months ago.
It's a pleasure.

As long as both you and your partner are resident in an EEA country prior to arrival it shouldn't be an issue. I would suggest that you and your partner marry before entering the uk.

The issue with not being married is that the EEA regulations do not cover the concept of a non married partner. The regulations described this as a durable relationship. So as much evidence of your cohabitation as possible needs to be show.

An unmarried partner can be considered for an EEA family permit as an extended family member if they are in a durable relationship with the EEA national. The immigration officers will have to consider factors such as the length of cohabitation, joint finances, whether the couple haS children together to establish whether or not the relationship is durable. Each case must be looked at on its own merits.

While regulation 12(2) makes provision for the issuing of a Family permit to extended family members (including unmarried partners), immigration officer's should be aware that only meeting the extended family member criteria is insufficient. Even where an immigration officer is satisfied that the applicant is in a 'durable' relationship, the immigration officer needs to go on to consider whether 'in all the circumstances, it appears to the entry clearance officer appropriate to issue the family permit' (Regulation 12(2)(c).

I hope this answers your question if so kindly rate my answer positively.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2038
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and 3 other UK Immigration Law Specialists are ready to help you
Customer: replied 11 months ago.

Not at a marriage stage!! Not yet anyway :)


 


We have bills showing we have been in the same household. Should we set up a joint bank account as well? Anything else that may help this durability process?

Expert:  UK_Lawyer replied 11 months ago.
Thank you for your reply.

I would include any letters in both your names or separate names but to the same address, photographs, evidence of you visiting other countries together. This is the type of evidence you would need to provide.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2038
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and 3 other UK Immigration Law Specialists are ready to help you

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