Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

RETURN HOME OR APPLY FROM WITHIN UK

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

Moderators: Casa, push, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe

Post Reply
naija99
Member of Standing
Posts: 369
Joined: Wed May 16, 2012 6:18 pm

RETURN HOME OR APPLY FROM WITHIN UK

Post by naija99 » Wed Sep 05, 2018 4:59 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?

naija99
Member of Standing
Posts: 369
Joined: Wed May 16, 2012 6:18 pm

Re: RETURN HOME OR APPLY FROM WITHIN UK

Post by naija99 » Wed Sep 05, 2018 6:30 pm

Can anyone please advise?

Richard W
- thin ice -
Posts: 1691
Joined: Wed Oct 17, 2012 3:25 am
Location: Stevenage

Re: RETURN HOME OR APPLY FROM WITHIN UK

Post by Richard W » Wed Sep 05, 2018 10:28 pm

naija99 wrote:
Wed Sep 05, 2018 4:59 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.

naija99
Member of Standing
Posts: 369
Joined: Wed May 16, 2012 6:18 pm

Re: RETURN HOME OR APPLY FROM WITHIN UK

Post by naija99 » Wed Sep 05, 2018 10:45 pm

Thank you Richard
Do you have the authority or reference to support? She's very sceptical because many lawyers have advised her otherwise.

vinny
Moderator
Posts: 27515
Joined: Tue Sep 25, 2007 7:58 pm

Re: RETURN HOME OR APPLY FROM WITHIN UK

Post by vinny » Thu Sep 06, 2018 1:51 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 links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

naija99
Member of Standing
Posts: 369
Joined: Wed May 16, 2012 6:18 pm

Re: RETURN HOME OR APPLY FROM WITHIN UK

Post by naija99 » Fri Sep 07, 2018 4:17 am

Thanks very much vinny

naija99
Member of Standing
Posts: 369
Joined: Wed May 16, 2012 6:18 pm

Re: RETURN HOME OR APPLY FROM WITHIN UK

Post by naija99 » Thu Oct 11, 2018 1:29 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?

vinny
Moderator
Posts: 27515
Joined: Tue Sep 25, 2007 7:58 pm

Re: RETURN HOME OR APPLY FROM WITHIN UK

Post by vinny » Thu Oct 11, 2018 2:32 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 links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

naija99
Member of Standing
Posts: 369
Joined: Wed May 16, 2012 6:18 pm

Re: RETURN HOME OR APPLY FROM WITHIN UK

Post by naija99 » Thu Oct 11, 2018 2:57 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?

vinny
Moderator
Posts: 27515
Joined: Tue Sep 25, 2007 7:58 pm

Re: RETURN HOME OR APPLY FROM WITHIN UK

Post by vinny » Thu Oct 11, 2018 3:00 pm

In England, Scotland and Wales.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Post Reply
cron