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Partner of British citizen for more than 9years with no child

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Tanimola45
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Partner of British citizen for more than 9years with no child

Post by Tanimola45 » Wed Sep 09, 2020 9:14 pm

Dear member,

I will like to sick advice for my stress and will really happy if I can get good answers.

I’m a partner of a British citizen and been together for more than 9years and I lost my first pregnant for him in 2016 through IVF and we apply for living together as a partner but it was refuse but we did not put the fertility treatment documents on the application, which make them ask me to go to Nigeria for clearance and we just submitted another application under EU as proxy’s marriage with all our fertility treatment documents and Nigeria introduction pictures with many prof to show that the relationship is  real and next month will complete 6month.

I won’t mind if I can get advice on my chances being grant on EU route this as lead to my depressed as no child and no paper to work I really appreciate discussion on it.

vinny
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Re: Partner of British citizen for more than 9years with no child

Post by vinny » Thu Sep 10, 2020 12:27 am

Why do you require a proxy marriage, if you are living together?
It’s unlikely that the EU route will apply for a British citizen, unless he’s also Irish, or has some other EEA nationality and had been exercising free movement rights in the UK.
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.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Tanimola45
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Re: Partner of British citizen for more than 9years with no child

Post by Tanimola45 » Thu Sep 10, 2020 4:15 pm

When I submit the EU application the application certificate specify that marriage certificate is not submitted during the submission that why I won’t be allowed to work and that’s what make me and my husband ask for our customary marriage certificate from Nigeria.

And we have not heard anything since submit the marriage certificate.

What lead to Eu route is due to our living together application that was refused due to now children in the relationship and I was advised to go back home with my partner.

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CR001
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Re: Partner of British citizen for more than 9years with no child

Post by CR001 » Thu Sep 10, 2020 4:17 pm

If your husband is only British and you are living in the UK, you do NOT qualify for the EU route applications. Who told you to apply for the EU route application?

It would be useful if you can state exactly what application form or link you have applied on??
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Tanimola45
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Re: Partner of British citizen for more than 9years with no child

Post by Tanimola45 » Thu Sep 10, 2020 8:08 pm

FLR(FP) Application

- Derivative Residence Application

I suggested that we proceed with Derivative Residence Application because it falls within the remit of Regulation 15 and 16 of the EEA 2016.

Is one law that advice me to do it

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Re: Partner of British citizen for more than 9years with no child

Post by CR001 » Thu Sep 10, 2020 8:20 pm

FLR(FP) Application
This is not an EU application. It is an application under the UK immigration rules. It has nothing to do with the EU rules.
- Derivative Residence Application
This is something completely separate to FLR FP. Derivative residence card is issued under the EU regulations and does not lead to permanent residence.
I suggested that we proceed with Derivative Residence Application because it falls within the remit of Regulation 15 and 16 of the EEA 2016.
The EU derivative residence card applies to someone who is the sole carer of an EU or British child under the EU regulatims, which cease in December 2020. It does NOT apply to being the partner of a British citizen.

If you used a lawyer, you have been very mislead with advice on the rules.
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secret.simon
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Re: Partner of British citizen for more than 9years with no child

Post by secret.simon » Thu Sep 10, 2020 9:02 pm

Does your British partner have any other citizenship? Do they earn more than £18,600 per annum?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Tanimola45
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Re: Partner of British citizen for more than 9years with no child

Post by Tanimola45 » Fri Sep 11, 2020 8:39 pm

No he did not earn upto to 18k.

But he as Ireland national insurance as he is planning for us to relocate there.

Did you think is any chance of me getting the derivative application that I submit?

As we put a lots of proof that we are genius partners and all our fertility documents including during the time we lost our baby.

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Re: Partner of British citizen for more than 9years with no child

Post by CR001 » Fri Sep 11, 2020 8:40 pm

What nationality is your partner? British or Irish. Sorry but your posts don't make any sense.

Derivative residence card is not for partners, it is for a parent.
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Re: Partner of British citizen for more than 9years with no child

Post by secret.simon » Fri Sep 11, 2020 8:42 pm

So is he a British citizen who is moving to Ireland or a British citizen who had lived in Ireland and is now moving to the UK?
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Re: Partner of British citizen for more than 9years with no child

Post by vinny » Fri Sep 11, 2020 11:57 pm

Please give as much details of circumstances and history as possible, else good answers and discussions may be a forlorn hope.

Does your husband need special care that only you can provide?

Are you relying on Reg 16
(5) The criteria in this paragraph are that—
(a) the person is the primary carer of a British citizen (“BC”);
(b) BC is residing in the United Kingdom; and
(c) BC would be unable to reside in the United Kingdom or in another EEA State if the person left the United Kingdom for an indefinite period.
?

Yes, the British citizen may be a dependent adult spouse.

Yes, the Home Office also expects Zambrano carers to make an alternative leave to remain in the UK first.
Where a person wishes to remain in the UK on the basis of family life with a British citizen, they should first make an application for leave to remain under Appendix FM to the Immigration Rules, not for a derivative residence card on the basis of Zambrano.
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.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Tanimola45
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Re: Partner of British citizen for more than 9years with no child

Post by Tanimola45 » Sat Sep 12, 2020 12:12 pm

Yes my husband rely on me to do something for him because one of is legs is short than one and is under monitor on Orthopaedic as their planning of making shoe for him so that it can prevent is regular trips and fall.

And I rely on regulation16.

He is planning to relocated to Ireland because of me.

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Re: Partner of British citizen for more than 9years with no child

Post by vinny » Sat Sep 12, 2020 1:02 pm

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.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Re: Partner of British citizen for more than 9years with no child

Post by AmazonianX » Sat Sep 12, 2020 3:54 pm

Tanimola45 wrote:
Sat Sep 12, 2020 12:12 pm
Yes my husband rely on me to do something for him because one of is legs is short than one and is under monitor on Orthopaedic as their planning of making shoe for him so that it can prevent is regular trips and fall.

And I rely on regulation16.

He is planning to relocated to Ireland because of me.
You are providing information in bits and piece.
Can you in one post give your immigration history and circumstances surrounding your relationship. Are you in UK with your husband or in Nigeria? This will make it difficult for the mods to assist and give proper responses or links as required.

Tanimola45
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Re: Partner of British citizen for more than 9years with no child

Post by Tanimola45 » Sat Sep 12, 2020 6:11 pm

I leave in the Uk with my husband and we have done introductions in Nigeria in 2010 in attendance of both family in our absent. I meet my husband here in Uk In 2010 and I arrive through Germany in 2007 and my father’s friend that helps me in have collected my passport that I come in with. But I do another one when I submit partner application in 2016 and the Passat is with home office and since then my husband has been looking for way to regularise my immigration status.

I will appreciate any link or advice that can help me reduce my stress and have now put on depression medication due to no child and documents.

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