Immigrationboards.com

hello

I need advice/help. I have been with my boyfriend who is an iraqi national for over a year. I am a UK citizen. I am currently battling cancer and I am suffering mental and physical problems.

We had applied for the residence card which the lawyer said we would get it. However we got a letter today and we got refused.

I honestly don't know what to do. The side effects of cancer are affecting me badly I can't think straight. Could anyone give me any advice?

thank you

On what basis did your partner apply for a residence card? Have you been working in another EU member state? Why was your application refused?

No I haven't worked in my life. I'm a student in uni, but I'm currently deferred my work since I've been ill. I was diagnosed with cancer before I turned 20 last year. I turned 21 today and I'm still ongoing treatment.

My partner has been here in the uk since 2007. He had to leave because he was in danger in his country. I haven't had the chance to read the letter as I live with my parents but I will see the letter tomorrow.

Can I ask what you mean by "on what basis did your partner apply for a residence card?"

My mind is currently lost atm

Under the EU Directive the EEA national is meant to exercise treaty rights, which is based on the idea of having the freedom to work, study or be self-sufficient in another country of the EEA area.

Thus, to use the Directive as a UK citizen, UKBA would have expected you to have worked or studied in a different EU county - not your own country.


Thus, I guess part of the reason for refusal is that you have not provided evidence of the exercising of treaty rights. i.e. you have never worked or studied in another EEA country.

Even if you had exercised treaty rights, it might be difficult to get a residence card for your boyfriend. Normally, UKBA want proof of two years co-habitation to qualify your bf as your partner in a durable relationship.

Even some of those EEA nationals who have married illegal immigrants or asylum seekers had problems in having their marriages - when they are genuine relationships - being accepted as genuine relationships, as UKBA are suspicious because of the large number of bogus marriages that have taken place to cheat the immigration system.

Thank you for your help. We will see the lawyer soon and he can guide us on what to do next.

Thank you for your time

I can see what the solicitor was trying to do, which is making an application on the basis of Zambrano, as i cant see any limb under the directive that your partner can qualify under.

As you are living with your parent, whom i suspect supports and take care of you, you have not lived in a relationship that can reasonably be considered as durable in its structure, i find it hard to see how this chap would have qualified for a residence card.

I am also a bit puzzled how a competent rep would have suggested this

As your case is complex, I think an immigration lawyer is the most suitable course of action.

There may be grounds for a human rights case or asylum that your lawyer could present to the Home Office for your bf.

P.S. Good luck to you. Hope you get well soon.

Yes I was reading about human rights case and asylum. I'm doing research now about it. Thank you for your replies

wouldn't something "outside of the rules" on compassionate grounds be somewhere in the right direction?