ceg wrote:I have a situation where I find I can not get clear guidance from the Home Office.
I currently live in the UK as an eea family member (my dad is irish) and I intend to marry my partner of 8 years in 3 months time, who resides in Zimbabwe.
We have not lived together, but when I left Zimbabwe we had already been together for 4 years. When I relocated to the UK with my family we continued the relationship and we are in constant communication, and have since been back 3 times to visit him over the past 4 years.
My dilemma is this:
1 - Does this affect my rights as a eea family member?
2 - What rights would my future husband have ?
3 - We intend to settle in the UK 4 months after the wedding (which is when he will apply to come to the UK due to his work commitments) - what visa would he then apply under ? would it be a marriage visa / spouse visa ?
hang on, your dad is Irish? What age are you? (people born before/after I think 1986 if born in another country should have registered the child's birth in the foreign birth registry at the nearese Irish embassy) if your dad is Irish, welcome to the club, you may be Irish too if he was Irish or entiled by law to be irish by the time of your birth. Look into get your passport. You will then / even now as we speak would be living in the UK on your own basis as well. ( I assume you also have British Citizenship)
proving genuine relationship documentary wise might be tricky. it aint enough to show you talked on the net or phone. ye have not lived together. did you travel to see him or he to you (passports can prove this and air flight tickets) did you send money over to him? (in no way shape or form i am suggesting the relationship is not genuine, but ya might need to proove it) How long have ye being apart?
to answer your question
(a) does it effect your rights as an eea?
First off, you probably have rights of your own as an Irish citizen (assuming you dad was an irish citizen when you were born and assuming he is your biological father as oppose to step father)
How long have you been in the UK? When can you apply for permanent residency?
If you are based on being a family member, i think so long as you live with/or near your father and you are dependent you should be grand. so what if you did a bit a travelling? the UK authorities would probably have copt it by now.
(B) rghts of your future husband
assuming you are entitled to Irish citizenship and assuming you are exercising your rights in the UK (work.studying, self employed) you have the right to family reunification on your own account. I am not 100 % sure what your position would be if you are not an irish citizen and relying on your dad in order to reside in the UK. I believe (get advice btw) if he can show that he would support your husband maybe residency is possible under eu law.
Surely by now you have some sort of full residency on your own grounds under UK law? In that situation and if you are not Irish, UK domestic law would apply.
If your Irish, proving the relationship would be the main concern (i don't know what britian are like, but the irish are paranoid about marriage of conveniences)
If you are Irish and have your own rights, and the UK are happy every thing is legit he would fall as a spouse to an eu citizen and would gave a right to reside in the uk. (assuming everything is ok)
