Irish Nationals as automatically settled

Hi All,

I am the durable partner of an Irish National and I am non-EEA. I am currently applying for permanent residency and my application is with the Home Office. As my partner is considered to be automatically settled in the UK upon arrival, did he need to exercise his treaty rights and have CSI? I’ve read that he doesn’t and was wondering if that would have an impact on my application? He was self-sufficient for a time and we didn’t have CSI.

Also, I have hired a solicitor and he is arguing Article 8 for me as I have always worked in the UK and I have letters of support from colleagues and friends saying that they want me to receive permanent residency and that I am a person of “good character”. Has anyone heard of this working?

FYI, I have been with my partner for nearly 9.5 years and I have proof of living with him for the past 7.5 years. I have completed the 5 years on my residence card.

Any examples of Irish automatically settled/ Article 8 working would be greatly appreciated!

The lawyer is wrong and simply telling you what he thinks you want to hear as opposed to what the law says.

The step he has taken in very likely to fail. There is no Article 8 consideration under the EEA Regulation, and such submissions are likely to be rejected without consideration.

If your husband never worked in the UK or self sufficient or self employed for any 5 years period, then to all intents and purposes, the application will fails.

Getting letters from 10,000 friends will have no impact on that.

Obie, with all due respect that was very unhelpful.

What my solicitor is arguing is that I have established a private life in the UK. My relationship with my partner and the relationships with my friends, colleagues and spiritual group all fall under private and family life. He is asking for discretion and has argued that my partner would have been settled in the UK since his arrival in 2007.

Also, interestingly, it is being argued that the govt has stated that CSI will no longer be required next year, so why should they need it now?

All of these, of course, are arguments for discretion to be applied in my case.

Also, my solicitor is with a regulated law firm. For them to literally make things up to me because it’s “what I want to hear” would open the door for me to claim compensation from them.

Any helpful advice from anyone would be greatly appreciated.

Noneabout wrote: ↑

Wed Apr 04, 2018 8:33 pm

Obie, with all due respect that was very unhelpful.

What my solicitor is arguing is that I have established a private life in the UK. My relationship with my partner and the relationships with my friends, colleagues and spiritual group all fall under private and family life. He is asking for discretion and has argued that my partner would have been settled in the UK since his arrival in 2007.

Also, interestingly, it is being argued that the govt has stated that CSI will no longer be required next year, so why should they need it now?

All of these, of course, are arguments for discretion to be applied in my case.

Also, my solicitor is with a regulated law firm. For them to literally make things up to me because it’s “what I want to hear” would open the door for me to claim compensation from them.

Any helpful advice from anyone would be greatly appreciated.

You may find the post unhelpfull, but it's the truth none the less.
I am an Irish National in the UK, with non EU Wife. Me not needing to apply for PR has no bearing on my wife's application, I have to be exercising my treaty rights, or if self sufficient, have CSI for the period I apply for my wife's application.

Also, as has been said, you are applying on the EEA Route, Article 8 is not EEA.

There are set Governement immigration rules and Policy the Case Worker dealing with your application has to abide by, doesn't matter what argument is made, if your application doesn't meet the requirements set out, your application will fail.

Stuff like arguing the CSI will no longer be required next year, so why now in a current application is ridiculous coming from a solicitor to be fair. If the current requirments are not met for the current application, if will fail.

As said, doesn't matter how many letters from friends, work colleagues etc are sent in, will not make not one iota of difference if your application doesn't meet the requiremnts, and from what you have said, i don't think it does, it will fail.

I have no idea why your solicitor is telling you all this, it's like two routes being tried via one applicaion with neither being met, and trying to argue stuff like the CSI is nonsensical from a solictor.

We are trying to be helpful by telling you the truth.

Hi Salem,

Thank you for replying. I read somewhere that Article 8 can be argued if you're asking for discretion outside of the immigration rules and that's what we're doing. Also, in the application letter the solicitor highlighted a case ruling where discretion can be used without there being exceptional circumstances.

Lastly, he has asked for an RC if my PR bid fails as I am still living with my partner in a durable relationship. His colleague said that they have done this for others in the past.

Anyway, I will, of course, let you all know how it goes.

Noneabout wrote: ↑

Wed Apr 04, 2018 8:33 pm

Obie, with all due respect that was very unhelpful.

What my solicitor is arguing is that I have established a private life in the UK. My relationship with my partner and the relationships with my friends, colleagues and spiritual group all fall under private and family life. He is asking for discretion and has argued that my partner would have been settled in the UK since his arrival in 2007.

Also, interestingly, it is being argued that the govt has stated that CSI will no longer be required next year, so why should they need it now?

All of these, of course, are arguments for discretion to be applied in my case.

Also, my solicitor is with a regulated law firm. For them to literally make things up to me because it’s “what I want to hear” would open the door for me to claim compensation from them.

Any helpful advice from anyone would be greatly appreciated.

I am sorry you are upset with me. It was never my intention to cause any upset. Just angry that some lawyers give poor advise, which can be either deliberate or they are incompetent.

To tell you they will secure PR based on your friend ship is clearly wrong. Sorry I ought to have controlled my emotions a bit better, but I never intended to show lack of deference towards you in any way.

Noneabout wrote: ↑

Wed Apr 04, 2018 9:33 pm

Hi Salem,

Thank you for replying. I read somewhere that Article 8 can be argued if you're asking for discretion outside of the immigration rules and that's what we're doing. Also, in the application letter the solicitor highlighted a case ruling where discretion can be used without there being exceptional circumstances.

Lastly, he has asked for an RC if my PR bid fails as I am still living with my partner in a durable relationship. His colleague said that they have done this for others in the past.

Anyway, I will, of course, let you all know how it goes.

I wish you every success.

Article 8 would be a seperate application, not EEA as i understand it. Not to say you wouldn't get it, i know someone who has, they are the non EU wife of a UK National, who couldn't pass the LITUK test after 12 goes, and they got discretionary leave to remain via Right to a Family life. But that's not the EEA route which you are trying.

I think you might get another 5 year RC if the requiements are met, though not sure if that would have to be a seperate aapplication as well, though if your Solicitor says they have did it this way before, then hopefully not.

Again, good luck

Noneabout wrote: ↑

Wed Apr 04, 2018 9:33 pm

Hi Salem,

Thank you for replying. I read somewhere that Article 8 can be argued if you're asking for discretion outside of the immigration rules and that's what we're doing. Also, in the application letter the solicitor highlighted a case ruling where discretion can be used without there being exceptional circumstances.

Lastly, he has asked for an RC if my PR bid fails as I am still living with my partner in a durable relationship. His colleague said that they have done this for others in the past.

Anyway, I will, of course, let you all know how it goes.

Are you making a charged application using SET O, or is her making an EEA PR.

If it is the later then with the utmost respect, your Article 8 case will not even be considered.

Woah just woah.

Honestly, what you are saying is shocking. I went with the EEA PR route as that is what I was advised to do. That is a HUGE ERROR on the part of my solicitor.

I'm in such shock I do not know what to do.

Obie, I hate to say it but you were correct.

I wrote a bad review online for my solicitors and they called me to ask where I had gotten my information from to say that their arguments were well... “rubbish”. Are you a qualified solicitor Obie?

My solicitor nearly put me in trouble arguing article 8 for me whereas im qualified under EEA route. Application refused and angrily withdrew my files from him after messing the whole thing up.
I made the application for EEA2 by myself and was granted.
Article 8 doesnt apply for EEA. Its an UK immigration rule.
Best of luck if u think your solicitor is right!