Non EEA civil partner of Irish/British

[rasouza2002]

I am running to the end of my five years VISA under European Laws. While I was feeling the forms to apply for a permanent residence card I came across a question about my spouse (Irish) whether he has Residence in the UK.

Considering he is also an UK Citizen (passport holder) Should I tick yes on that question? This will allow me to skip all the information about what he was doing (work, studying) for the past five years.

Anyone in a similar situation?

[noajthan]

I am running to the end of my five years VISA under European Laws. While I was feeling the forms to apply for a permanent residence card I came across a question about my spouse (Irish) whether he has Residence in the UK.

Considering he is also an UK Citizen (passport holder) Should I tick yes on that question? This will allow me to skip all the information about what he was doing (work, studying) for the past five years.

Anyone in a similar situation?

EU dependents don't usually have a visa. Do you mean you have a RC?

British citizens cannot usually sponsor dependent family members on the EU migration route.
Do you have an exemption under the McCarthy transitional arrangement (or have you come to UK via Surinder Singh route)?

[noajthan]

You appear to be on EU migration trajectory and hold a RC:
http://www.immigrationboards.com/britis ... ml#p652690

This means the McCarthy ta may be invoked as the RC was obtained pre-critical date 2012.
This means that despite being British your sponsor may sponsor you as a family member on EU route.

So Irish sponsor needs to have been exercising treaty rights as a qualified person.
Has sponsor been doing that, continuously, since date of your ceremony?
And with no prolonged absences from UK by either party?

If sponsor was a student have you had CSI in place (for both)?

[rasouza2002]

You appear to be on EU migration trajectory and hold a RC:
http://www.immigrationboards.com/britis ... ml#p652690

This means the McCarthy ta may be invoked as the RC was obtained pre-critical date 2012.
This means that despite being British your sponsor may sponsor you as a family member on EU route.

So Irish sponsor needs to have been exercising treaty rights as a qualified person.
Has sponsor been doing that, continuously, since date of your ceremony?
And with no prolonged absences from UK by either party?

If sponsor was a student have you had CSI in place (for both)?

My sponsor was working and studying in the UK for the last five years but we do not have a full track of his activities (such as payslips). Would it be a problem?

We both traveled during this time but never for longer than 60 days per year approximately. My big doubt is that the application form on the Section 9:

Relevant EEA national's activity in the UK

9.1 If you're applying as the family member or extended family member of the relevant EEA national named in section 2 ( My Irish/British partner ) or because you have retained your right of residence, does the relevant EEA national have a document certifying permanent residence?


Yes ___ - go to Section 9.2

No ___ - go to subsection A and then subsection B 9 (if relevant)


Not applicable ___ - - go to subsection A and then subsection B 9 (if relevant)


Should I mark YES? as my partner holds a British Passport as well as an Irish one?

[noajthan]

You appear to be on EU migration trajectory and hold a RC:
http://www.immigrationboards.com/britis ... ml#p652690

This means the McCarthy ta may be invoked as the RC was obtained pre-critical date 2012.
This means that despite being British your sponsor may sponsor you as a family member on EU route.

So Irish sponsor needs to have been exercising treaty rights as a qualified person.
Has sponsor been doing that, continuously, since date of your ceremony?
And with no prolonged absences from UK by either party?

If sponsor was a student have you had CSI in place (for both)?

My sponsor was working and studying in the UK for the last five years but we do not have a full track of his activities (such as payslips). Would it be a problem?

We both traveled during this time but never for longer than 60 days per year approximately. My big doubt is that the application form on the Section 9:

Relevant EEA national's activity in the UK

9.1 If you're applying as the family member or extended family member of the relevant EEA national named in section 2 ( My Irish/British partner ) or because you have retained your right of residence, does the relevant EEA national have a document certifying permanent residence?


Yes ___ - go to Section 9.2

No ___ - go to subsection A and then subsection B 9 (if relevant)

Not applicable ___ - - go to subsection A and then subsection B 9 (if relevant)

Should I mark YES? as my partner holds a British Passport as well as an Irish one?

Your sponsor needs to prove they have been exercising treaty rights continuously for the 5 years of the qualifying period.
A DCPR is helpful but not mandatory.

HO don't give benefit of doubt.
Rock-solid evidence of all categories of qualified person is required; (worker, student or whatever).

You can get into the mind of caseworker who will weigh up and assess the case here:
https://www.gov.uk/government/uploads/s ... _clean.pdf

Yes, you have to identify the sponsor's nationalities.

You may find it helpful to invoke the McCarthy transitional arrangement in a cogent cover note as that (and your RC) are what enable your partner to sponsor you despite being British.

[rasouza2002]

I am on a civil partnership but undergoing a divorce process. My partner is Irish but also holds a UK Passport ( Citizenship )

We got into the civil partnership via European laws using his Irish passport and I understand that at the time when the divorce is to be finilized he will have to be active in the UK. Does the fact that he is actually an UK Citizen make it sufficient for an application for a Retention Visa or he will have to prove to be active, working in the UK?

Thanks

[vinny]

Posts merged.

[vinny]

Why are you not applying for confirmation of PR?

[rasouza2002]

Hi Vinni

What would be confirmation or PR?

[vinny]

Permanent residence card.

[rasouza2002]

I finally retained rights of residence after a short wait to be honest. I spoke to an immigration adviser on the phone and got told that I can apply for an indefinite leave to remain and long and I have 5 years Treaty rights.

Can I use my work and tax paid for the time I was still on a relationship with my ex-husband or would it only count from after the divorce? Would it matter?

Thanks

[CR001]

I spoke to an immigration adviser on the phone and got told that I can apply for an indefinite leave to remain and long and I have 5 years Treaty rights.

Not sure what you mean by this bit bold and underlined? Do you mean ILR based on 10 years long residence, currently costing £2,287??

Why did you not apply for PR as advised by vinny in March??

Can I use my work and tax paid for the time I was still on a relationship with my ex-husband or would it only count from after the divorce? Would it matter?

Your activity is irrelevant up to the point of divorce.