NON-EU doctor born in UK WITH EU PARTNER

[auroratota]

Hi everyone , I would like to ask you for an advice and I apology for my ignorance on the topic and I hope someone will clarify some point.

the case: my fiancé- ( 2 years living togheter in february) is a lybian doctor born in the UK and lived first 8 years of his life in the UK , now came back and living in the uk for 2 years.we want for apply for EEA family permit. I read that this case is more difficult and I wanted to know what are the probability of success? Considering that:
-We are not civil partner( no ufficial document )
-My job contract will expire when we want to apply
-His application for leave to remain has been refused/ ( he s staying legally )

please help us!

[Casa]

Firstly:
1. What nationality do you hold?
2. A civil partnership is for same gender couples

[auroratota]

hi and thanks for your reply!

I am Italian , and yes sorry for my misunderstanding.

[Casa]

You should be able to apply for a FP as 'durable partners' as you're close to 2 years co-habitation and the EEA regulations are slightly more flexible. That's assuming you can provide evidence of joint accommodation and preferably joint finances. You can submit proof that you have been exercising your Treaty rights through employment and when this contract ends, as a job seeker. I'll leave other to advise on the finer details of this.

[auroratota]

thank you casa.

we have the contract of the house, and the bills are in both our name. We dnt have a common bank account, do you think that open one will help?

[noajthan]

You should be able to apply for a FP as 'durable partners' as you're close to 2 years co-habitation and the EEA regulations are slightly more flexible. That's assuming you can provide evidence of joint accommodation and preferably joint finances. You can submit proof that you have been exercising your Treaty rights through employment and when this contract ends, as a job seeker. I'll leave other to advise on the finer details of this.

As long as sponsor continues to be a qualified person (or acquires PR) all should be good.

So sponsor may be one or more of the following categories of qualified person:

• worker;
  job-seeker;
  self-employed;
  student;
  self-sufficient; (no benefits, no burden on the state)

Note if sponsor is a student or self-sufficient then the sponsor and any/all dependent family members (eg fiance in this case) will need to be covered by CSI (health cover).

The economic activity of the family member is (in immigration terms) immaterial. But I'm sure UK will welcome a doctor.

[auroratota]

You should be able to apply for a FP as 'durable partners' as you're close to 2 years co-habitation and the EEA regulations are slightly more flexible. That's assuming you can provide evidence of joint accommodation and preferably joint finances. You can submit proof that you have been exercising your Treaty rights through employment and when this contract ends, as a job seeker. I'll leave other to advise on the finer details of this.

But I'm sure UK will welcome a doctor.

Thanks for your reply.

Unfortunately No , he applied following the UK law and has been refused . He his a fully licensed doctor ready to work but apparently UK don't want him to stay and want him to go back in a dangerous situation such as Lybia.
How long is the process and will he have the right to work ?

[Obie]

What year was your fiance born in the UK?

What was his parent's immigration status in the UK at the time of his birth.

[noajthan]

Thanks for your reply.

Unfortunately No , he applied following the UK law and has been refused . He his a fully licensed doctor ready to work but apparently UK don't want him to stay and want him to go back in a dangerous situation such as Lybia.
How long is the process and will he have the right to work ?

Hmm, it's bonkers isn't it.

You can track other members' timelines on the forum - FPs & RCs (& accompanying COAs) seem to be taking a little longer these days;
there seems to have been an upsurge in applications recently &/or a deterioration in HO efficiency.

The FP simply grants entry to UK; for a partner who is classed as an extended family member that right to reside is only for 6 months.

As the dependent extended family member of an EEA national your partner should have a right to work/study in UK as long as you (as sponsor) exercise treaty rights (by working etc).
And for as long as the relationship endures.

Employers face stringent penalties if they employ someone illegally so they will most likely need sight of a RC before employing your partner.
This can take several months to process.

Ref HO guidance on these important matters:
https://www.gov.uk/government/uploads/s ... s_v2_0.pdf
- for example, see page 13 regarding durable relationships

[auroratota]

Thanks for your reply.

Unfortunately No , he applied following the UK law and has been refused . He his a fully licensed doctor ready to work but apparently UK don't want him to stay and want him to go back in a dangerous situation such as Lybia.
How long is the process and will he have the right to work ?

Hmm, it's bonkers isn't it.

You can track other members' timelines on the forum - FPs & RCs (& accompanying COAs) seem to be taking a little longer these days;
there seems to have been an upsurge in applications recently &/or a deterioration in HO efficiency.

The FP simply grants entry to UK; for a partner who is classed as an extended family member that right to reside is only for 6 months.

As the dependent extended family member of an EEA national your partner should have a right to work/study in UK as long as you (as sponsor) exercise treaty rights (by working etc).
And for as long as the relationship endures.

Employers face stringent penalties if they employ someone illegally so they will most likely need sight of a RC before employing your partner.
This can take several months to process.


thanks for your kind reply!

We are about to start the application and wondering if creat a joint bank account will help or not .

and also what is the % of successful cases ?

thanks

[noajthan]

thanks for your kind reply!

We are about to start the application and wondering if creat a joint bank account will help or not .

and also what is the % of successful cases ?

thanks

Yes, joint finances including bank account would be helpful supporting evidence.

I've not seen any figures on %-success rates.
If you have adequate documentary supporting evidence and fulfill the requirements (& don't give HO 'wriggle room' to refuse you) then you should be granted.

If refused for some specific reason simply work at fixing the issue & then re-apply.

Good luck.

[auroratota]

hi everyone

i hope you can help me with this

I am struggling at the moment trying to find a way to solve an issue which has been ongoing for more than a year now. I applied for FLR(O) in January 2015 as advised by a solicitor on the basis that my country ( Libya ) was going through very difficult circumstances at the time when my late ( Student visitor ) visa expired and It would be extremely difficult and dangerous to go back. Also my partner's living conditions were very much financially dependant on my presence.
My initial application got refused in May, so I appealed the home office decision ‘again as advised by the same solicitor’, until this day 6/1/2016 I am still waiting with nothing from the courts side. I am staying legally in the UK at the moment but I am restricted from work and this is severely effecting my career as a doctor in the UK. I tried many routes in order to negotiate with the home office, including a face to face meeting with my local MP Mr Jeremy Corbyn, unfortunately he was busy running for his political campaign and couldn't do much. However, during this time I carried on with my studies as a medical doctor and was granted a license to practice medicine in the UK ( doesn't the UK badly need doctors at the time )?
Another element of my initial application is my relationship with my partner Miss name removed by moderator, she is an Italian national practicing treaty rights in the UK and we currently live together in a durable relationship, it will be 2 years on the 15th of February 2016. I was advised that I could apply for a EU partner residence which gives me the rights to work and remain in the UK & Europe for 5 years. If I can provide evidence of our relationship including bills, photos and witnesses what are the chances of success in this case? Is it worth taking the risk of withdrawing my appeal? I am worried that If i decide to go back to Libya and apply for a work visa abroad I might get refused because of the headache I cause them and also the refusal rate for Libyan nationals is very high. Please help me, I am frustrated, desperate and restless.
Best regards Dr.name removed by moderator

[CR001]

I have moved your topic/post to the one that has already been started by your partner, where advice has already been provided.

Please keep your questions in one place.

[auroratota]

thanks for your kind reply!

We are about to start the application and wondering if creat a joint bank account will help or not .

and also what is the % of successful cases ?

thanks

Yes, joint finances including bank account would be helpful supporting evidence.

I've not seen any figures on %-success rates.
If you have adequate documentary supporting evidence and fulfill the requirements (& don't give HO 'wriggle room' to refuse you) then you should be granted.

If refused for some specific reason simply work at fixing the issue & then re-apply.

Good luck.

What you mean by wriggle room?
The fact that his request of leave to remain has been rejected could be a prionlem?

[noajthan]

What you mean by wriggle room?
The fact that his request of leave to remain has been rejected could be a prionlem?

By wriggle room I mean don't leave the caseworker any room for doubt, for example regarding your relationship.

Back everything up with plenty of rock-solid supporting documentary evidence that cannot be disputed or ignored.

Best of luck.

[auroratota]

What you mean by wriggle room?
The fact that his request of leave to remain has been rejected could be a prionlem?

By wriggle room I mean don't leave the caseworker any room for doubt, for example regarding your relationship.

Back everything up with plenty of rock-solid supporting documentary evidence that cannot be disputed or ignored.

Best of luck.

thank you very much for your reply!

sorry to keep asking
we consulted another lawyer who told us ( quite immediately) that the case is 95% successful, and after that asked for 1400£ to follow the case. Do you think that a lwyer service will improve the chance to win or is just a matter od documents that we can provide? Or both?
as documents we do have
-house lease since feb 2014
-bills with both names
- pics of us
- testimonials by people who know us.

Is that enough?

Thanks

[noajthan]

thank you very much for your reply!

sorry to keep asking
we consulted another lawyer who told us ( quite immediately) that the case is 95% successful, and after that asked for 1400£ to follow the case. Do you think that a lwyer service will improve the chance to win or is just a matter od documents that we can provide? Or both?
as documents we do have
-house lease since feb 2014
-bills with both names
- pics of us
- testimonials by people who know us.

Is that enough?

Thanks

I believe an organised & methodical person with reasonable intelligence can manage their own affairs, especially with the support of good & experienced people on a forum such as this.

Your evidence is your evidence so paying a legal fee won't improve it.
And you yourselves have a vested interest in getting it right.

If you are not confident &/or do not have the time (or have challenges with language) then it would be prudent to seek a representative.

But you should be able to handle this. Your English proficiency & understanding are admirable and you are on the right track.

You may need to work on the evidence to back up your durable relationship.
For example, (more) official letters in joint names (&/or to shared address) over the appropriate time frame.
That will carry more weight than testimonials from friends.

[auroratota]

Thank you very much. I forgot to mention that he also had his passport expired while being retained at the home office. The problem now is that the Libyan embassy doesnt yet issue a new version of passports due to the recent change in regime. Would it be possible if he applies with an expired passport? or would it be a problem to worry about?

[noajthan]

Thank you very much. I forgot to mention that he also had his passport expired while being retained at the home office. The problem now is that the Libyan embassy doesnt yet issue a new version of passports due to the recent change in regime. Would it be possible if he applies with an expired passport? or would it be a problem to worry about?

Yes, it may be a problem to worry about

Documents you must provide

You must provide:

• a valid passport

See https://www.gov.uk/government/uploads/s ... permit.pdf

[auroratota]

What do you reckon we should do in this case, shall we just write an explanation?. This is not something he caused deliberately but it was rather caused by the delay at the home office. His embassy would`nt issue a new passport for him.

[auroratota]

Is`nt it granted in a form of a card rather than a visa attached t the passport?

[auroratota]

we had a chat with 2 solicitors and both said that the passport issue is not something we should worry about.

Did someone find in the same situation before? Wht do you suggest to do?

thanks

[auroratota]

Hello, I really do apologize for this gush of questions. I want to ask how long does it usually take to receive a decision from the date of application?. My boyfriend has been spending from his savings for over a year now and he really needs to start working.

[auroratota]

A further question to everyone who is expert

we have been told that my partner need to be outside the uk to apply for the family permit..

Is this correct?

[noajthan]

A further question to everyone who is expert

we have been told that my partner need to be outside the uk to apply for the family permit..

Is this correct?

Makes sense, after all it is an entry permit.

You must be outside the UK to apply for an EEA family permit

https://www.gov.uk/family-permit/overview