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Thomas
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How can a third country national who has rights to reside in

Resolved Question:

How can a third country national who has rights to reside in one eu member state gain rights to move to another
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. Could you explain your situation a little more please

Kind regards.

Tom

Customer: replied 3 years ago.

my mother is an eu national she is expressing her freedom of movement right and is going to spain for study purposes, her partner of 6 years who resides with her here has been denied a permit to stay in the spain with her on the grounds that he is not an eu citizen (partner originates from outside of the eu)

 

Expert:  Thomas replied 3 years ago.

Hi,


Can you confirm specifically which visa he has applied for?

Their should be an equivalent of a residence document in the UK?

 

Tom

Customer: replied 3 years ago.
just a residence permit
Expert:  Thomas replied 3 years ago.

Hi,

 

Thanks for your question.

 

EU law is harmonized throughout the EEA. Your mother's partner is applying, so far as I can tell, for the right form of visa.

 

The problem is that if he is not married to your mother then they must prove with documentary evidence that they are in a "durable relationship". This is generally taken to mean that they are in a relationship akin to man and wife and have cohabited for a period of time (ie. Usually around two years).

 

If the authorities accept the relationship is durable then they are granted a residence card so I can only assume that either your mother and her partner did not express their relationship appropriately or submit enough documentary evidence to support their claim.

 

I'd check but you may find they need to instruct a Spanish immigration abogados (lawyer) directly.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6647
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Law Specialists are ready to help you
Customer: replied 3 years ago.

I have check the the 2004/38 directive and under that as she is studying her rights to accompanyment are limited to spose/registered partner as in civil marrige under art.7 (1)(c) states her rights as a student but then art 7(4) revokes the durable relationship rule.and merely allows sopose/ registered partner and dependent under the age of 21

Is there any other was you can think of?

Expert:  Thomas replied 3 years ago.

Sorry, I think I misread the part of your original post relating to her studying.

 

No, if he does not qualify to obtain leave to remain under any other methods available under Spanish Immigration law then apart from their marrying I cannot see that there is an alternative route.

 

I'm very sorry.

 

KInd regards,

 

Tom

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