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It is true if you are an extended family member.DFDS. wrote:Found this post on Ukresident forum.
Quote: If you entered UK as TOURIST, or you are an OVERSTAYER, your application is unlikely to succeed.
To what extent is the above true?????
thsths have you got any examples on this, or past jurgements??thsths wrote:It is true if you are an extended family member.DFDS. wrote:Found this post on Ukresident forum.
Quote: If you entered UK as TOURIST, or you are an OVERSTAYER, your application is unlikely to succeed.
To what extent is the above true?????
For a spouse or child it should still be possible, although probably a bit more effort than usual.
It is important to note that this will not stand up to a strong Article 8 scenerio, especially where there is an EEA child or a joint financial committment. Infact this is in violation of EU laws, as provisions like this are not stated on it.[b] Caseworker Guide[/b] wrote: However, under no circumstances should a person be granted a Residence Card on the basis of a durable relationship if they are not lawfully resident in the United Kingdom at the time that the application is made.
Although a non-EEA national can be considered on the basis of Regulation 8 if they have provided proof that they are in a durable relationship we have discretion with regard to the issue of a Residence Card. We should not seek to exercise discretion in their favour in instances where the non-EEA national is not lawfully resident in the United Kingdom.
Any decision to refuse an application made by a common-law partner should be referred to a SCW.
It is case law, C-127/08 Metock and Others v Minister for Justice. See http://eulaw.typepad.com/eulawblog/2009 ... 12708.html for a commentary. And as far as I know the UKBA is aware of it, but they only do it when they feel they have to - that is in clear cut cases.DFDS. wrote:thsths have you got any examples on this, or past jurgements??