Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.
Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix
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naija99
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by naija99 » Wed Sep 05, 2018 5:59 pm
CR001 or anyone else who could please help
A South African in the UK on a visit visa got married same sex relationship to a German national with PR. Can she now apply for EEA FM from inside the UK or does she have to go back to SA and apply for EEA family permit?
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naija99
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by naija99 » Wed Sep 05, 2018 7:30 pm
Can anyone please advise?
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Richard W
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by Richard W » Wed Sep 05, 2018 11:28 pm
naija99 wrote: ↑Wed Sep 05, 2018 5:59 pm
CR001 or anyone else who could please help
A South African in the UK on a visit visa got married same sex relationship to a German national with PR. Can she now apply for EEA FM from inside the UK or does she have to go back to SA and apply for EEA family permit?
She can apply from within the UK.
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naija99
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by naija99 » Wed Sep 05, 2018 11:45 pm
Thank you Richard
Do you have the authority or reference to support? She's very sceptical because many lawyers have advised her otherwise.
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vinny
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by vinny » Thu Sep 06, 2018 2:51 am
Richard is correct. The lawyers may be thinking of applying for leave to remain as a
partner under the Immigration rules, where a visitor fails the
Immigration Status requirements. However, there are no such restrictions when they
issue a
residence card for a
family member under Regulation
18(1).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given
links for further information. Refer to the source of any quotes.
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naija99
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by naija99 » Fri Sep 07, 2018 5:17 am
Thanks very much vinny
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naija99
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by naija99 » Thu Oct 11, 2018 2:29 pm
Hi Vinny
Is there a difference between same sex and civil partnership.
This application was refused - the non eea went back to SA and applied from there for a EEA family permit. Only two reasons - no evidence of civil partnership and no evidence of treaty rights. Marriage certificate was submitted and so were payslips bank statements employment contract and 5 years of P60s.
Can you advise or explain why the ECO wouldve mentioned civil partnership for a married same sex couple?
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vinny
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by vinny » Thu Oct 11, 2018 3:32 pm
Initially, a
civil partnership in the UK was confined to same sex couples. But a recent Supreme Court
judgment ruled
that this was "incompatible" with human rights laws on discrimination and the right to a private and family life.
Same sex marriages are
performed in England, Scotland and Wales, but are not recognised in Northern Ireland.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given
links for further information. Refer to the source of any quotes.
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naija99
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by naija99 » Thu Oct 11, 2018 3:57 pm
Thanks vinny
So I take it that in this case the eco has erred?
A same sex marriage performed in the UK is recognised?
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vinny
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by vinny » Thu Oct 11, 2018 4:00 pm
In England, Scotland and Wales.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given
links for further information. Refer to the source of any quotes.
