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pls help ??????
Posted: Sat Nov 23, 2013 6:16 pm
by ml27
hi
Posted: Sat Nov 23, 2013 6:21 pm
by Obie
Provided the Romanian National is in the UK exercising treaty rights, you can apply as Durable partner. The presence of the child will help.
Posted: Sat Nov 23, 2013 6:40 pm
by Amber
In order to be a durable partner is it not necessary to have intention for an enduring relationship? The OP is suggesting the relationship may fail? If so, may Zambrano come into play?
Posted: Sat Nov 23, 2013 6:46 pm
by Obie
Well the relationship may not be good, but it hasn't ended. Even if it ends in future, he will not be precluded from applying under those provisions.
The situation here is that a relationship that has lasted 3 years and a child has been born in t. It seems very durable in myview, until such time when it comes to an end.
Except of course he decides to write to UKBA and inform them that the relationship is problematic and wont last for the forceable future, something neither me, you or OP knows o believe he will be reasonably classified as an Extended family member.
Zambrano is a non starter in my view.
Posted: Sat Nov 23, 2013 6:50 pm
by Amber
If the EU national has been exercising treaty rights in the UK for 5 years and had done so before the child was born, the child would be British and as such, may open the door to leave under exception 1 as an option. The OP should clarify the status of the relationship, as that appears to be key.
Posted: Sat Nov 23, 2013 6:53 pm
by Obie
We cannot assume this scenerio in the absence of an indication from OP that such is the case. If such is the case, Zambrano may still not get him home. Perhaps he may qualify under the immigration rules.
As there is a Union Citizen, Zambrano is a difficult preposition.