Need a good, affordable lawyer regarding EEA1

Petitnez0820 · Post by **Petitnez0820** » Mon Sep 03, 2012 11:08 pm

Hello everyone

I have been in a relationship with my EU parter for 5 years,(I am a non-EU citizen have been living in London for 7 years. my PSW expires in Jan 2013) and we're trying to apply for EEA1.

The fact that we've been only living together for about a year, which does not meet the requirements concerns me. I am thinking about seeing someone professional who might be able to help me....I knew a couple who haven't even been in a relationship that long who obviously didn't meet the requirements but applied, and got the visa. The EU parter of the couple had a some kind of high position working at a bank I wonder if that financial support somehow helped.
(Not sure if they went to see a lawyer)

anyone knows or has an experience with a good EEA lawyer please feel free to comment!

Thanks in advance

Best

Post by **Obie** » Tue Sep 04, 2012 2:05 am

The Durability of a relationship is not dependant on the length of cohabitation. Several factors like joint financial committment,religious norms and constraint to the couple luving together,whether they have children will all be considered.

If you have evidence of communication over the 5years or reasons why you have not lived together,like work transfer for a period will all be useful.

Post by **Directive/2004/38/EC** » Tue Sep 04, 2012 5:04 am

For instance, if you have children together, or own property together (with, e.g. a mortgage), that shows a long term focussed relationship. There is no fixed list of things, these are just examples.

Petitnez0820 · Post by **Petitnez0820** » Wed Sep 05, 2012 2:25 pm

I see.

Thank you all for your infos.

Post by **Directive/2004/38/EC** » Wed Sep 05, 2012 2:28 pm

I would be very curious how you go about finding an immigration lawyer who really knows EU free movement law, and how you find their advice!

Petitnez0820 · Post by **Petitnez0820** » Wed Sep 05, 2012 5:50 pm

[quote="Directive/2004/38/EC"]I would be very curious how you go about finding an immigration lawyer who really knows EU free movement law, and how you find their advice![/quote]

Are you trying to say that it's not worth seeing a lawyer regarding EEA 1 applications?

There are a bunch of lawyers dealing with immigrations, aren't there?

fysicus · Post by **fysicus** » Wed Sep 05, 2012 9:40 pm

it seems we are talking about an EEA2 application here
EEA1 is for EU citizens themselves and has no relationship requirements

yes there are (far too) many lawyers in UK, some of them claim to be specialist in immigration matters, but 99.9% of those only deal with the national UK Immigration rules, and have hardly any idea about the EEA Regulations.
OK, may be I'm a bit harsh on the lawyers; it also happens to be the case that most EEA applications are so straightforward that you don't need a lawyer

Post by **Directive/2004/38/EC** » Wed Sep 05, 2012 10:57 pm

Petitnez0820 wrote:
Directive/2004/38/EC wrote:I would be very curious how you go about finding an immigration lawyer who really knows EU free movement law, and how you find their advice!
Are you trying to say that it's not worth seeing a lawyer regarding EEA 1 applications?

There are a bunch of lawyers dealing with immigrations, aren't there?

Most of the EU free movement applications I have heard about I think can be completed without a lawyer. Usually when UKBA messes things up is when a special knowledge of the law becomes needed.

But I agree with fysicus. My sense is that most UK immigration lawyers know the UK law side of things, but do not realize the big differences between that and EU law applications.

I personally do not know a solicitor who I am confident knows EU law well enough to recommend. I wish I did.

Petitnez0820 · Post by **Petitnez0820** » Thu Sep 13, 2012 2:12 pm

[quote="fysicus"]it seems we are talking about an EEA2 application here
EEA1 is for EU citizens themselves and has no relationship requirements

yes there are (far too) many lawyers in UK, some of them claim to be specialist in immigration matters, but 99.9% of those only deal with the national UK Immigration rules, and have hardly any idea about the EEA Regulations.
OK, may be I'm a bit harsh on the lawyers; it also happens to be the case that most EEA applications are so straightforward that you don't need a lawyer[/quote]

I am trying to apply 'the relationship visa' for unmarried couple. I thought EEA2 was for the married couple?

Petitnez0820 · Post by **Petitnez0820** » Thu Sep 13, 2012 2:13 pm

[quote="Directive/2004/38/EC"][quote="Petitnez0820"][quote="Directive/2004/38/EC"]I would be very curious how you go about finding an immigration lawyer who really knows EU free movement law, and how you find their advice![/quote]

But I agree with fysicus. My sense is that most UK immigration lawyers know the UK law side of things, but do not realize the big differences between that and EU law applications.

I personally do not know a solicitor who I am confident knows EU law well enough to recommend. I wish I did.[/quote]

Thank you for your comments, though. I'll take that as an advice

Post by **Directive/2004/38/EC** » Thu Sep 13, 2012 2:16 pm

Petitnez0820 wrote:Thank you for your comments, though. I'll take that as an advice

It is not advice. It is just my opinion.

Petitnez0820 · Post by **Petitnez0820** » Thu Sep 13, 2012 2:30 pm

[quote="Directive/2004/38/EC"][quote="Petitnez0820"]Thank you for your comments, though. I'll take that as an advice[/quote]
It is not advice. It is just my opinion.[/quote]

I was just saying thank you....I didn't think it was worth seeing a lawyer myself anyway.

Since you're guru, can I please ask a simple question?
Do you know if I am trying to make an application with with my boyfriend(EU national), am I applying for EEA 1 or EEA 2?
I thought for EEA 2 I need to provide marriage certificate.
I am a bit confused since I know a couple who have not been living together got EEA 2 visa. As far as I know, they're not married either....

Couldn't find clear infos on UKBA web either. Little help would be appreciated

Post by **Directive/2004/38/EC** » Thu Sep 13, 2012 2:41 pm

EEA1 is for the EU citizen.
EEA2 is for the non-EU family member.

I doubt you friend got an RC if they were not married and not living together. Does not make sense.

If you are married, then you just present the marriage certificate. If you are not married then you need to show you have a strong and ongoing relationship. Kids together? Or a mortgage? 2+ years living together? A thank you note from the pope back when you visited him together for dinner 5 years ago? That sort of thing...

Petitnez0820 · Post by **Petitnez0820** » Thu Sep 13, 2012 4:02 pm

[quote="Directive/2004/38/EC"]EEA1 is for the EU citizen.
EEA2 is for the non-EU family member.

I doubt you friend got an RC if they were not married and not living together. Does not make sense.

If you are married, then you just present the marriage certificate. If you are not married then you need to show you have a strong and ongoing relationship. Kids together? Or a mortgage? 2+ years living together? A thank you note from the pope back when you visited him together for dinner 5 years ago? That sort of thing...[/quote]

Still a bit confused. Why would EU citizen needs to fill up an application from the first place?
I am non-EU so it's EEA 2 I need to apply for..isn't it? So far I thought EEA 1 is for the unmarried couple partner visa.

Thank you!

Post by **Jambo** » Thu Sep 13, 2012 4:20 pm

To help you with the confusion I suggest you read:

** EEA Residence Documents
** Non-EEA Residence Documents

habibcs · Post by **habibcs** » Sat Sep 15, 2012 11:53 am

Petitnez0820 wrote: Still a bit confused. Why would EU citizen needs to fill up an application from the first place?
I am non-EU so it's EEA 2 I need to apply for..isn't it? So far I thought EEA 1 is for the unmarried couple partner visa.

Thank you!

Under European law, you do not need to obtain documentation confirming your right of residence in the UK if you are a national of a country in the EEA.

However, if you want to support an application for a residence card by any of your family members who are not EEA nationals, you must demonstrate that you are residing in the UK in accordance with the Immigration (European Economic Area) Regulations 2006 and are 'exercising Treaty rights' in the UK.

All EEA nationals and Swiss nationals can apply for a registration certificate ( = EEA1) at any time.

EEA1 - certifies that EEA national is exercising Treaty rights in UK.
To apply EEA2 your EEA national partner must have EEA1 (registration certificate).

From : http://www.ukba.homeoffice.gov.uk/eucit ... nationals/

Post by **Jambo** » Sat Sep 15, 2012 12:29 pm

habibcs wrote: To apply EEA2 your EEA national partner must have EEA1 (registration certificate).

Not true (and this is not stated on the HO website).

To apply EEA2, the EEA national must demonstrate that he lives according to the EEA regulations ("exercising treaty rights"). This can be done by providing Registration Certificate or other evidence to prove this (such as payslips for a worker).

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Need a good, affordable lawyer regarding EEA1

Need a good, affordable lawyer regarding EEA1