LOST BETWEEN UK AND EUROPEAN LAW

[makwco21]

Hello everyone, I really need some help here. Im having problems with my visa status.
I lived in Italy for 4 years with my british girlfriend, then we decided to move back to the UK so I (non EEA) applied for unmarried partner visa, once I went to have the intervew for my visa they recomended me to get EEA FP instead of unmarried partnership visa as it was cheaper and it would still lead me to ILR once I was in the UK, and it was free to get, so I obviously went for it. Now I am in the UK and I found out that Im not able to extend my visa at all, as I came into the country under European Law and now that we are here my partner is not concider European anymore but British and I cannot change visa status from European visa to UK visa. They told me that to be able to extend my EEA FP visa I should be married to her as under european law unmarried partner is not accepted just yet. So Im pretty much lost here, I dont know what to do anymore and my visa is running out pretty soon. I feel like we are in a big gap inbetween 2 different laws and non of them are willing to give us any help. Can anyone give me a hand here?
I know that I could just go back to Italy and apply for the right visa (unmarried partner visa) but I was told that it would take 3 months as being settlement visa the process is longer than normal visas and I cannot go and live in Italy for 3 months, without a job, without a house and loosing my job here in the UK, its just crazy!
Please, PLEASE can someone help me here, PLEASE!!!

[Mr Rusty]

If you have accurately stated the circumstances, there is a basic illogicality in the reasons for rejection of your application. On the one hand, they have said that you can not qualify under EEA Regulations because your g/f is no longer considered European, but then you were told that to qualify under EEA Regs you have to be married to her, as an unmarried partnership would not qualify. Apart from the obvious contradiction of those two statements, they both seem to me to be wrong. The 2006 Regs (Para 8 (5)) particularly specify people in a "durable relationship" as "Extended Family Members", and you presumably statisfied the criteria to get a Family Permit in the first place. To say you don't now qualify just doesn't make sense. Is this an actual decision by UKBA, or just something you have been told?

Has your g/f not worked since her return to the UK? If that is the case, and she's been claiming benefits, I can see that the caseworkers might just feel justified in saying that she's abandoned her "European" status and therefore removed your claim to be an EEA Family member. That's the only reason I can think of, and what the chances are of a succesful challenge to that, I honestly don't know.

It is correct to say that you can't make a successful application for Leave to Remain under UK Immigration Rules because you don't have any existing Leave to Enter or Remain.

[makwco21]

I know it does not make sence at all, but thats exactly what they told me on the phone when I rang the official number on the EEA2 form, that makes me think they know what they are saying...but do they really?
My girlfriend has been working since we arrived in the country, she has never claim benefits at all, ever! she is a teacher so she even got a job offer before arriving here back in the UK, I really dont see a problem.
They were saying that whenever she enters the Uk she is put under british law and non european, thats why she cannot claim rights as european, which again, does not make sence to me at all.
I keep ringing the UK immigration and they send me to speak with the european immigration and then, they send me back to the british one, its been a long waste of time.
They are basically telling me that I need to go back to Italy for 3 months so I could apply for unmarried partner visa, and that is just impossible.
I really feel like loosing my rights and not just mine but my girlfriend's too and she is british.
Thank you for your fast reply and please if there is anything else you can think of let me know, Im quite desperate!
Thank you again!
Luis

[86ti]

I know it does not make sence at all, but thats exactly what they told me on the phone when I rang the official number on the EEA2 form, that makes me think they know what they are saying...but do they really?

Judging from the many comments on this and other fora I came to believe that many of the HO phone staff are simply incompetent. You just can't rely on what they say. I would think that your rights are still intact and the best way forward for you would be to just apply.

[makwco21]

I know, I came to that conclucion long time ago... so you recon I should just go for it then? this process takes the longest, more than 6 months but I really feel like just applying for it, I think you are right, they are just incompetent, I just hope that the person that recive my application wont be that incompetent.
Thank you for your help, I do feel better knowing that its not me the one who is doing things wrong, thank you!
Luis
Ps. You are amazingly fast when replying, cheers for that!

[Obie]

I think the staff that answers the phone calls have restrictive knowledge. They do not know much about the laws, or perhaps their comments are aimed at discouraging people form applying.

You case falls under a ruling called Surinder Singh ruling. The fact that you have been issued an EEA family permit, indicated you are considered an EEA Family member, and that the time you wife spent in Italy working or Self-Employed, has helped her to acquire a migrant worker status.

You need to fill in EEA 2 together with evidence of her excerising treaty rights in Italy in addition to her payslips on her return to the UK, w and you will be fine.

[makwco21]

Thanks everyone! Obie, you are exactly right! We just got through to the phone line again after another long wait. We finally spoke to someone who knew what she was talking about. We will apply for EEA2 but it is very importance that we type a letter and attach it to the front of the application stating that we are aplying under the Surinder Singh ruling and that my partner was working in another Europea country and working tere, exercising her treaty rights. We also have to prove that our relationship is akin to marriage for at least two years so we're posting lots of bank statemtns, utility bills, payslips etc along with it.
What a shame that the British legal system cannot work more alongside the European legal system so they know how eachother work! It is also frustrating that the people answering the phone do not also spply the correct information. It has taken four phone calls to find out what we must do!
Thank you everyne again and I hope this will help more people in the future as there is not much about it on the internet.

Now, let just hope they will let me have it, I will keep you all informed as soon as I know anything, although it might take forever to get any kind of answer.

Luis