The UK’s imminent departure from the EU is going to throw up a number of complications for non EU residents. Danielle Cohen is an expert immigration solicitor with over 20 years experience. She attempts to clarify some of the possible scenarios as a result of Brexit. If you have a question you’d like explained, then get in touch by clicking on the button below
I have a dependent parent in law who lives in Bangladesh. Both myself and my wife are Bangladeshi/Norwegian nationals, how can we help him to come and live with us in the UK?
You will need to rely on one of the two EU rights of free movement as a family member to come to the United Kingdom. The first EU right of free movement to be relied on is that your father in law is a dependent direct relative in the ascending line of his daughter and son in law. This right arises as he is a family member under Regulation 7 of the Immigration (European Economic Area) Regulations 2006 which provides for a dependent direct relative to come to the UK and join the EU national. The second EU right of residence relies on as an extended family member who on serious health grounds strictly requires the personal care of yourself of your wife. This arises under Regulation 7 and 8 of the EA Regulations.
I am in a relationship of over two years with my girlfriend. I am Jamaican and she is European. What can we do for me to remain in the UK, as we do not wish to get married?
Regulation 8 of the Immigration (European Economic Area) Regulations 2006 sets out the circumstances in which a person will be considered to be an extended family member of an EA national. An unmarried partner will fall within Regulation 8(5). There is no definition of durable relationship when considering an application for a residence card on the basis of durable relationship. The Home Office will apply the guidance set out in their European casework instructions, which is based on their requirements for an unmarried partner under the Immigration Rules. You have to show that you have been living together in a relationship akin to marriage for at least two years; that you intend to live together and that any previous relationship has come to an end.
I am a Moroccan national who is an over stayer and I am in a relationship with a Spanish national. We are not married, how can I marry him and how can I stay in the UK?
In order to get married you will need to give notice to your local City Council, to give notice of the marriage. Each notice must be given more than 29 days in advance of your ceremony. \From 2nd March 2015 all non-EA nationals without settled status, a marriage, fiancé or civil partnership visa or evidence of the Immigration status will be referred to the Home Office for further investigation. This applies to you.
Those within the scope may have their notice period extended from 28 days to 70 days. To make an appointment to give notice you can fill in a booking form which you can find on line. To make an application after the marriage you will apply for a residence card on the basis of your marriage to an EA national. You will have to convince the Home Office that the marriage is genuine and that your spouse is exercising treaty rights namely that he is a worker.
If the UK authorities suspect that this is a marriage of convenience they are entitled to investigate the case. You also may be asked to attend an interview in which you and your husband will be interviewed separately regarding his economic activity and your relationship. Under EU law the non EA national family member of an EA national derives the right of residence in the UK through the EA national provided the EA national has a right to reside under the 2006 Regulations. In principle the UK currently imposes no requirement for non EA national members of an EA national to carry a residence card. However, such persons may be inconvenienced if they have not obtained a residence card. If the application is successful you will be granted a residence permit valid for a period of five years.
I am a national from Uzbekistan and married a national of Latvia. The relationship broke down but there is no formal divorce. I wish to apply for confirmation of permanent residence and
how should I go about it given the fact that she will not give me any of her papers as evidence that she is exercising treaty rights?
After five years from the date of the marriage if your wife has exercised treaty rights throughout and you have lived together in the same country for at least one year, you can make an application for permanent residence. The five year period to acquire permanent residence begins at the date of the marriage not from the date that the residence card was issued to you. Complications usually arise in cases like yours if the EA national has gaps in her employment or if she leaves the UK. However, because the relationship broke down it is difficult for you to access the documents you require to prove that she has acquired permanent residence.
The problem is that it is up to you to prove your case to the Home Office and you cannot expect them to investigate. Of course the Home Office should access the National Insurance Contributions records, and the Home Office does have the legal power to obtain such evidence from the Department for Work and Pensions. The Home Office has a policy about how that power will be exercised and the current version, states that the Home Office will only look into this where the applicant has made every effort to provide the required documents or in the case that the applicant has been a victim of domestic violence. Therefore, you must demonstrate that you have pursued and exhausted every attempt to communicate with your partner and to obtain the documents regarding her employment.
Get in touch with us if you’d like to put a question to Danielle.