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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?

Can anyone please advise?

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.

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

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).

Thanks very much vinny

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?

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.

Thanks vinny
So I take it that in this case the eco has erred?
A same sex marriage performed in the UK is recognised?

In England, Scotland and Wales.