Immigrationboards.com

Elderflower5 wrote: ↑

Fri Dec 11, 2020 4:52 pm

Has the law changed? Because it definitely used to be that you could get Settled Status after 5 years of marriage while in the UK.

Snech wrote: ↑

Wed Dec 09, 2020 6:31 pm

i have been told to start count from the issue date of the eea rc residencee card

(a) The applicant:
(i) is a relevant EEA citizen; or
(ii) is (or, as the case may be, for the relevant period was) a family member of a relevant EEA citizen; or
(iii) is (or, as the case may be, for the relevant period was) a family member who has retained the right of residence by virtue of a relationship with a relevant EEA citizen; or
(iv) is a person with a derivative right to reside; or
(v) is a person with a Zambrano right to reside; or
(vi) is a person who had a derivative or Zambrano right to reside; and
(b) The applicant has completed a continuous qualifying period of five years in any (or any combination) of those categories; and
(c) Since then no supervening event has occurred

a person who has satisfied the Secretary of State, including by the required evidence of family relationship, that they are (and for the relevant period have been), or (as the case may be) for the relevant period (or at the relevant time) they were:
(a) the spouse or civil partner of a relevant EEA citizen, and:
(i) the marriage was contracted or the civil partnership was formed before the specified date; or
(ii) the applicant was the durable partner of the relevant EEA citizen before the specified date (the definition of ‘durable partner’ in this table being met before that date rather than at the date of application), and the partnership remained durable at the specified date; or
(b) the durable partner of a relevant EEA citizen, and:
(i) the partnership was formed and was durable before the specified date; and
(ii) the partnership remains durable at the date of application (or it did so for the relevant period or immediately before the death of the relevant EEA citizen); or
(c) the child or dependent parent of a relevant EEA citizen; or
(d) the child or dependent parent of the spouse or civil partner of a relevant EEA citizen, as described in sub-paragraph (a) above; or
(e) the dependent relative, before 1 January 2021, of a relevant EEA citizen (or of their spouse or civil partner, as described in sub-paragraph (a) above) and the family relationship continues to exist at the date of application

(a) the person is, or (as the case may be) for the relevant period was, in a durable relationship with a relevant EEA citizen (or with a qualifying British citizen), with the couple having lived together in a relationship akin to a marriage or civil partnership for at least two years (unless there is other significant evidence of the durable relationship); and
(b) the person holds a relevant document (as described in sub-paragraph (a)(i) or (a)(ii) of that entry in this table) as the durable partner of the relevant EEA citizen (or of the qualifying British citizen) for the period of residence relied upon, unless the date of application is after 31 December 2020 and the person was resident outside the UK at that date; and
(c) it is, or (as the case may be) for the relevant period was, not a durable partnership of convenience; and
(d) neither party has, or (as the case may be) for the relevant period had, another durable partner, a spouse or a civil partner with (in any of those circumstances) immigration status in the UK or the Islands based on that person’s relationship with that party

in addition, to meet condition 6 in the table in paragraph EU11 of this Appendix, the above requirements are to be met with reference to the period immediately before the death of the relevant EEA citizen rather than to the date of application

Bazinga_ wrote: ↑

Sat Jan 23, 2021 10:31 am

Baffled by reasoning of some of these caseworkers, as if your life depends on one person.

kamoe wrote: ↑

Sat Jan 23, 2021 10:52 am

Bazinga_ wrote: ↑

Sat Jan 23, 2021 10:31 am

Baffled by reasoning of some of these caseworkers, as if your life depends on one person.

Well, for the purposes of this immigration route, it does. The relationship to that person is the reason you are here.

Of course, in reality that is probably not the only reason. You might have a stable job, or you might have your own business that contributes to the economy, or you might be enrolled in full time study. And if that's the case, you are totally free to apply for a different visa for which you qualify on your own terms without depending on another person (Tier 2 work, Tier 4 Student, Tier 1 investor), and pay the corresponding fee. Anyone is free to chose the immigration route that is more convenient for them.

It just so happens that the EEA/EUSS routes are/were usually be the most convenient in terms of fees, and so most people choose freely to agree that in order to qualify for the most convenient route your life does depend on one person. It really does.

Bazinga_ wrote: ↑

Sat Jan 23, 2021 11:46 am

I meant as if your life depended on the caseworkers (regarding inconsistencies) not my spouse.