Changing from EEA domestic violence

[Lololvvs]

I'm currently in the UK on a European family visa but it might not work out between me and my partner. I checked the HO's list of companies that have licenses to sponsor and unfortunately, mine doesn't have one.

I was wondering what is the cost/process of getting the sponsorship license if I already work there?

[noajthan]

I have been on an EEA4 residence card with my partner who is an Irish national. When we applied and got the EEA4 in 2013, he was a student and we had comprehensile sickness insurance through my work. I quit that job and we didn't get CSI again until recently for him. He is a self-sufficient person (his parents transfer him money from Ireland) but there is about a two year gap from when we didn't have CSI, when he graduated from uni he didn't start applying for jobs for about a year.

I have another 2.5 years to go before I can apply for PR through him. What is the likelihood my application will be refused as we have a two year gap with the CSI?

Thanks.

Very likely.
if you do not have CSI (as a self-sufficient qualified person plus dependent) the PR clock is not running.

What is your nationality? If partner is a dual British/Irish national that may complicate matters.

[Lololvvs]

I'm an American. I don't think my partner's parents ever registered him as a British citizen. He only has an Irish passport and that's what we filed under.

[secret.simon]

was born to a Welsh father

Were his parents married at the time of his birth? And if they were, was this disclosed in your EEA4 application? If it was, your application likely would have failed, because it seems that your partner is almost certainly also a British citizen by descent (assuming that his father was born in Wales). And if he is a British citizen by descent, then you can not apply under the EEA Regulations, but under the UK Immigration Route, which is harder, has higher requirements and will take another five years.

It does not matter whether his parents registered him as British or not, because he is British by the action of statute law due to his parentage.

And dual EEA/British citizens are treated as if they are solely British for immigration purposes. As an American, I am sure that you are aware that dual US citizens are treated likewise (as solely US citizens) across the pond.

Back to you, your clock will have certainly stopped, as it was running parallel to his clock as an EEA citizen and if his has stopped (due to lack of CSI), so has yours. And as I mentioned, you are in a deeper soup, because I believe that you will be asked to switch to the UK Immigration route based on your partner's British nationality. That also resets your clock, with another five years required on the UK Immigration route.

I would suggest waiting for the opinions of moderators on these forums to advise you further, but you have got yourself into a pickle.

I presume that your other post today is of relevance here as well.

[Lololvvs]

Well, here it gets really complicated. His parents were married when he was born. His father was born in the United States and left when he was 2. My partner's father's American citizenship does not transfer to his offspring. My partner's grandparents were Irish but raised my partner's father in Wales.

The reason for my other post is because I want to know my options in case we decide to end the relationship.

[Lololvvs]

Also, recently we have re-acquired CSI and he is actively interviewing and should become employee very shortly. Has the clock started to run again?

[noajthan]

Also, recently we have re-acquired CSI and he is actively interviewing and should become employee very shortly. Has the clock started to run again?

A job seeker or worker does not need CSI, only students & self-sufficient persons need to hold CSI in order to be considered exercising their treaty rights.
(Also dependents of students/self-sufficient need CSI too).

If your partner was only an EEA national (not a dual citizen with Britain) then, yes, the PR clock will be ticking again, this time in the jobseeker category of qualified person;
(assuming there is adequate evidence of job-seeking)

The complication now is the question of impact of your partner's nationality & whether he (& you) can actually use EU rules to assure your status in UK as he appears to have been British all along.

[Petaltop]

A job seeker or worker does not need CSI, only students & self-sufficient persons need to hold CSI in order to be considered exercising their treaty rights.
(Also dependents of students/self-sufficient need CSI too).

But now a jobseeker can only have 6 months before they lose their right to reside in the UK as a jobseeker qualified person.

Not that that matters to the OP as it seems he hasn't had CSI for them both as required: and may be British and this wasn't declared on the EEA application.

[secret.simon]

His father was born in the United States and left when he was 2.

So, his Welsh father was British by descent and hence your partner did not inherit his British citizenship.

My partner's father's American citizenship does not transfer to his offspring.

Wikipedia suggests that the reason is because the citizen father needed to be resident in the US for atleast five to ten years for his offspring to get citizenship rights. So, probably true, though I am not conversant with US citizenship law.

So, based on the information, your partner does seem to be solely Irish. His children, if born in the UK, will be dual Irish-British.

[secret.simon]

Now, as regards the PR clock, remember that PR requires five continuous years of exercising treaty rights. If you can give us the relevant timeslines (which month to which month was he a student, self-sufficient, job-seeker, etc) and when his CSI coverage started and stopped, we can advise you further on when the clock started again.

You may be right and better off looking for Tier 2 routes on your own too. Your other posts suggest that you may be a victim of domestic violence. You may want to have a look at applying for the Destitute Domestic Violence Concession and possibly even settlement in the UK in your own right as a victim of domestic violence

[Lololvvs]

Thank you for that information. Can I apply for domestic abuse if he is my unmarried partner?

From the posts here, it seems that my partner is only Irish, so we applied the right way. Thank you for all of that as well.

I have contacted my previous employers to find the information on when we had CSI and when we didn't. I will hopefully have a timeline soon.

[Lololvvs]

I'm a bit confused. That document seems to say what the HO should do instead of what they are currently enforcing.

Does that mean I am protected?

[Lololvvs]

Anybody having any advice on this one either?

[Casa]

I'm not convinced that an application would succeed due to treatment being unaffordable in the home country, rather than unavailable.

[Casa]

I'm a bit confused. That document seems to say what the HO should do instead of what they are currently enforcing.

Does that mean I am protected?

It doesn't help that you're opening new threads for each situation you appear to find yourself in...the advice is now becoming fragmented.

[CR001]

Kidney, domestic abuse and seeking Tier 2 sponsor

http://www.immigrationboards.com/member/Lololvvs/posts/

It would help to keep your posts and history together if you have such complex issues, that way people have more of an understanding of what your circumstances are.

[chriskv1]

I'm sorry to ask , But are you legitimately going through domestic abuse ? I am not doubting you , But rather advising you .
IF you go down that road and fail to prove it it would be very bad .So any documentary evidence would help. (Photos , Police reports)

I hope you're not panicking simply because your relationship is failing and you want to stay in the UK and looking through anything and everything you can find.

My best advice would be to have explained everything here rather than opening many threads.

Also were there only threats of violence or actual violence involved ? If actual violence did take place I would suggest you seek some help. It's very sad to see such cases I must stress.

[vinny]

Topics merged.

[Lololvvs]

Kidney, domestic abuse and seeking Tier 2 sponsor

http://www.immigrationboards.com/member/Lololvvs/posts/

It would help to keep your posts and history together if you have such complex issues, that way people have more of an understanding of what your circumstances are.

Tell me about it! My life has never been easy.

[Lololvvs]

I'm sorry to ask , But are you legitimately going through domestic abuse ? I am not doubting you , But rather advising you .
IF you go down that road and fail to prove it it would be very bad .So any documentary evidence would help. (Photos , Police reports)

I hope you're not panicking simply because your relationship is failing and you want to stay in the UK and looking through anything and everything you can find.

My best advice would be to have explained everything here rather than opening many threads.

Also were there only threats of violence or actual violence involved ? If actual violence did take place I would suggest you seek some help. It's very sad to see such cases I must stress.

I do have evidence yes. I have recordings of him being dearly beloved to me, wishing he had a gun to shoot me, pictures of bruises on my face, hands, arms and legs. There has also been a police caution against him although that's a few years old. I have also called a domestic abuse hotline and they told me that they keep reference numbers for calls. Now when he gets mad he keeps me in a room without my phone so I can't call for help.

Yes, also had a kidney transplant 9 years ago before I came to the UK. If I went back to the USA without insurance I would be in trouble.

Anyway, I'm at a bit of a loss. I'm scared as well. I was advised by a lawyer to reconcile with my partner as its my only way....

That's what I am trying to do but there was a hiccup the other night and I got scared and posted on here.