Post
by Obie » Sun Mar 21, 2010 3:59 pm
[b] Caseworker Guide[/b] wrote:
However, under no circumstances should a person be granted a Residence Card on the basis of a durable relationship if they are not lawfully resident in the United Kingdom at the time that the application is made.
Although a non-EEA national can be considered on the basis of Regulation 8 if they have provided proof that they are in a durable relationship we have discretion with regard to the issue of a Residence Card. We should not seek to exercise discretion in their favour in instances where the non-EEA national is not lawfully resident in the United Kingdom.
Any decision to refuse an application made by a common-law partner should be referred to a SCW.
It is important to note that this will not stand up to a strong Article 8 scenerio, especially where there is an EEA child or a joint financial committment. Infact this is in violation of EU laws, as provisions like this are not stated on it.
It is important to note it does not apply to other extended family members in regulation 8(2)
Last edited by
Obie on Sun Mar 21, 2010 4:00 pm, edited 1 time in total.
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