Separation/New relationship Family Member EEA RC

[bharool]

Good afternoon everyone. I have been browsing this site and what a fantastic source of information it is.

My current girlfriend is in a failed relationship under the above residence card as an unmarried person in a durable relationship.

This was granted in July 2011 but she has been living with her partner since September 2008 after arriving in the country in March 2008 under a student visa.

She is a non EEA national but he is an EEA national who has lived in the UK for well over five years.

Her partner is threatening to advise the authorities that the relationship is over thereby invalidating her right to stay in the country.

Is there any way that her current relationship can end so that we can be together?

I don't know if this information is significant but I am a British Citizen and by March 2013 she will have resided in the UK for five years.

Thank you in advance.

[Obie]

Firstly if the durable relationship ends before 5 years, she will not be able to retain he residence, she would have to live the UK, as she will not be living here lawfully.

She cannot apply on the basis of your relationship except you are married or lived in a relationship for 2 years or more, and this does not seem to be the case.

If she was married to the EEA national, then things would have been considerably simplier. For now, i can't see any obvious solution.

Yes she has lived in the UK for 5 years, but that is not a considerable period.

I wish you guys all the best

[fisayo]

obie, if she was married to eea national , what difference will she made?

to this case /matter ---- please advise, my case is like this.

[Obie]

If they were married, then the question of retention of residence would have come into the equation, provided the requirements were met.

[fisayo]

obie cheers , so after retaining the right of residence , the british citizen can marry the non eea who retains the right of residence ?

please is it possible for them to marry in the uk ?
will they have to inform the home office?

[EUsmileWEallsmile]

so after retaining the right of residence , the british citizen can marry the non eea who retains the right of residence ?

please is it possible for them to marry in the uk ?
will they have to inform the home office?

Yes and yes to your questions, but...

Have you retained right of residence?

Do you meet the requirements of article 13 of directive 2004/38/EC?

[fisayo]

yes, my boyfriend has retain the right of residence and i am the british citizen.

but we thought , we can"t marry unless he is 5yrs under eea route.

please advise us.

[EUsmileWEallsmile]

yes, my boyfriend has retain the right of residence and i am the british citizen.

but we thought , we can"t marry unless he is 5yrs under eea route.

please advise us.

Ok, there are two separate issues at play. Your fiance needs to live in the UK for five years in accordance with the regulations in order to achieve PR. This means, the time he was married to the EU national ( plus the time post divorce where he continued in the capacity of worker or self-sufficient).

He needs to have retained rights of residence in order to remain in the UK. You state that he has this. Great.

Now for the separate issue. Both of you are adults and have capacity to marry. This will be a marriage between a UK national and a third country national, who has retained his rights of residence under the 2006 regulations.

[intfenix1981]

HI -I don't see an any details of how you're supposed to inform the HO and how long this procedure takes, or should you just leave the country? ( in the case of unmarried partners, one is EEA national, other holds residency permit but relationship ended)..similar to the first message in this thread. If you can share your thoughts? I mean will HO then tell you ok thank for letting us know and now you can leave? do you have a few months to sort out your life, lease, job? any help would be appreciated.