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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6037
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am an Australian national, with various leave to enter for

Customer Question

I am an Australian national, with various 'leave to enter for 6 months stamps' in my passport, since I regularly travel. I am close to expiry according to the constructive regulation; I have been in the UK for approximately 6 months since first arrival.
I next need to travel on August 21, after entering civil partnership with an EEA national on August 9. My concern is with comprehending what documentation I will require to re-enter the UK August 26.
My soon to be civil partner has a national insurance card, and we are gaining private health insurance, but I am unclear which Home Office form for EEA permit should be used in furthering the case to enable myself to return and remain. I appreciate that application periods are long, although some prebooked appoitments at Croyden PEO appaer to be available. I am also unclear as what category my civil partner should demonstrate for proof of eligibility/dependency since I am the bread winner in the relationship. (this is iteslf difficult to demonstrate since I/we live off cash reserves in Australian accounts).
Hoping my question is simpler than it reads. Thank you in advance for any advice.
It may be of human rights interest; my partner and I require to stay to care for a terminally ill UK resident who should have died before my visa expired but in a twist of fate, they remain well but in need of constant attention.
Submitted: 8 months ago.
Category: UK Immigration Law
Expert:  Thomas replied 8 months ago.
Hi,

Sorry, just to be clear:-

You are in the UK now, correct?

You state that you need to travel on August 21, where to and why?

After you have left the UK where do you propose to make the application from?

Kind regards,

Tom
Customer: replied 8 months ago.

Thanks Tom,


I am in the UK, but plan to travel to Sri Lanka as a speaker at a conference on rebuilding post conflict and post tsunami. I also need to travel to australia from UK in early september for a week to judge a competition...and return to UK.


Envisaged making applications from UK prior to departure.


Timothy.


 

Expert:  Thomas replied 8 months ago.
Hi Timothy,

Have you simply entered the UK as a visitor? If not, please state what visa you hold?

Are you effectively saying that you only have between 9 August and 21 August with which to apply?

Tom
Customer: replied 8 months ago.

Yes Tom,


Entered the UK as a visitor expecting the cancer patient to die on schedule;a paradox that his continuing life has become an administrative problem. The soon to be partner has sprinted off to Malta (as an Australian) and returned on Euro passport, last month. Civil ceremony was arranged ASAP.


I am here in brief windows but partner will remain to further any applications and tend to the patient.


Timothy

Expert:  Thomas replied 8 months ago.
Hi Timothy

What nationality is your civil partner?

How long have they been in the UK?

Do they have a job, if not please state what they are doing?

Tom
Customer: replied 8 months ago.

Tom


Civil partner is now Maltese, with dual Auz passport.


They travelled to the Uk with me and assisted with the caring role, though with continuing residency in mind, job seeking is now underway, given that as an EEA national with insurance card etc working is viable and legal.


No firm offers to table for an application though. If it is vital to be employed for 'qualification processes a less than ideal job could be quickly sought.


Timothy, (available on skype or phone).

Expert:  Thomas replied 8 months ago.
Drafting your answer now, Timothy.

I'm afraid that it will not make particularly easy reading though.

Tom
Expert:  Thomas replied 8 months ago.
Hi

Thanks for your patience.

It’s not good news I’m afraid.

I cannot see how you will be able to apply and receive approval within the 12 days that you have between your marriage and when you propose to leave.

If you are the civil partner of an EEA national who is exercising treaty rights in the UK and you are already in the UK then you would have to apply for an EEA Residence Card as the non-EEA civil partner of an EEA national exercising treaty rights here. Please refer the following UKBA link for a residence card:-
http://www.ukba.homeoffice.gov.uk/eucitizens/documents-family/

The problem is that even with the most straightforward applications it takes about nearly a month and sometimes a fair bit longe.

The further problem is that your application is not straight forward. The first problem is that you are in the UK on a visitor’s visa. It is a condition of the visa that you must leave the UK before the expiry of it, which is taken to mean that you will not apply for another category. By applying for a residence card the UKBA may view this as a breach of your current visa and require you to make the application outside the UK. You will probably be okay provided they accept the civil partnership is genuine.

The second problem is that your civil partner has not been in the UK long and is not employed. Technically, provided that she is self-sufficient she is still exercising treaty rights but it does mean that it is quite difficult to submit the usual address-based correspondence and documentation that at applicant would otherwise submit with the application. She should certainly attend a local solicitor to execute a statutory declaration declaring that she will remain in the UK as her permanent residence from the date of the statutory declaration.

Ultimately, if you were to apply straight after your partnership I would still expect you to probably receive your residence card but I would expect the application to take quite a bit longer than the usual applications.

I am really sorry but you will have to decide whether to make the application here and risk not being able to leave for Sri Lanka, or leave for Sri Lanka then return to your homes country to make an application from there. Please note though, that if you return to your home country you would have to apply for an EEA Family Permit (rather than a residence card):-
http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/
Once successful and in the UK you would have to apply for a residence card.

I really am sorry that I could not have better news for you Timothy, relying on the UKBA to do things efficiently and quickly is not a desirable place to be unfortunately.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6037
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 8 months ago.

Tom,


Thanks. I appreciate it is towards the unusual side of spectrum.


I imagine the story sounds all a bit unlikely especially since in the last fifteen minutes the partner has been employed; starts Monday. I am not making this up.


 


I am unsure of how this 'justanswer' is parcelled but using whatever means would like to ask:


1. Do some lawyers keep 'slots' warm for croydon appointments so that folk can drop in ahead of the 2 month advance time for the self booked....thinking that if the 'same day' service could be accessed ahead of time and our civil partnership could be assessed in person (it is very genuine although unusual)....we may have a chance.


2. If we are in the 'process' of applying for a resident card does it count for anything at the border to have paperwork in hand?


3. Is there any human rights dimension that can be brought into play....I really do need to look after this guy with cancer?


4. Does anything change if I have a job offer? Although I have genuinely been here as a tourist, colleagues have come forward keen to give me a part time job if it was legal and I was around. It would need to be part time to give me carer hours.


5. Given the unusual circumstances, would I be well served to engage a lawyer in an active role? I am sure you cannot recommend but I wonder if you could nominate someone in Clerkenwell area?


 


Thanks again


Timothy

Expert:  Thomas replied 8 months ago.
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