8. “Extended family member” - EEA Regulations
relationship: European Economic Area (Immigration) Regulations , as amended. Advice for non-European spouses/civil partners/partners in a durable. We got married on August and granted my EEA 2 on February My question is, Can I Apply for EEA4 Durable relationship (2yrs)+marriage(yrs). Use this This is not intended to be legal or professional advice in any jurisdiction. Please click [b] EEA Regulation Regulation 7 [b] wrote. This contains the latest section of the regulations relating to (3) If a person claims to be in a durable relationship with an EEA national, that person may not.
EEA Family Permits
Macastena received an EEA family permit and was subsequently granted a five year residence card as a family member in September He and L had divorced and he received a new residence card as an individual who retained a right of residence. In July he was convicted of unlawful wounding contrary to section 20 of the Offences Against the Person Act His deportation was sought but the FTT allowed his appeal, despite the fact that together with his brother he attacked a motorist with a saw.
However, he sought to bridge this gap with his previous residence as an EFM by arguing that he was in a durable relationship with L within the meaning of that term under regulation 8 5 of the Regulations and that, accordingly, he possessed — or ought to be treated as if he possessed — a permanent right of residence.
The Home Office said it could only determine any application while Macastena was still in a durable relationship, not at some later date. The Home Office was aggrieved that UTJ Coker had wrongly decided that the executive had implicitly exercised his discretion adversely to Macastena, let alone to decide that he had exercised that discretion on the wrong principles, let alone that the Upper Tribunal was entitled to exercise discretion itself in favour of Macastena.
The court disposed of the issues in the following way. Notably, however, he had not made any such application. Prior to his marriage he was just an unlawful entrant who remained illegally. Extant leave but assisting, entering or attempting to enter a marriage of convenience: Where an EEA residence card has not been issued, and the individual concerned does not have free movement rights under EU law, administrative removal decision applies with curtailment and simultaneous standard administrative removal decision by fast track referral to curtailment team Marriage of convenience.
EEA residence card issued: For example Home Office previously recognised an EEA right on the basis of a sham relationship, but evidence now suggests that the person never had a right to reside under the EEA Regulations. Any extant leave must be curtailed after the 23 6 a decision Genuine family member, but involved in abuse of immigration laws:. For example facilitating a marriage of convenience. Regulation 23 6 b of EEA regulations Involved in a marriage of convenience: For example facilitating or entering or attempting to enter a marriage, civil partnership or durable partnership of convenience.
Immigration (European Economic Area) Regulations - Wikipedia
Public policy decision- Regulation 23 6 b of EEA regulations Under section 24 of the Immigration and Asylum Actas amended by section 55 of the Immigration Acta sham marriage is one in which all of the following apply: It defines marriages of convenience as marriages contracted for the sole purpose of obtaining a right of free movement and residence under European Union EU law, which someone would not otherwise be entitled to.
Regulation 2 sets out that a marriage of convenience includes a marriage entered into for the purpose of using these regulations, or any other right conferred by the EU treaties, as a means to circumvent either: Immigration Rules that apply to non-EEA nationals such as any applicable requirement under the Act to have leave to enter or remain in the UK criteria that the party to a marriage of convenience would otherwise have to meet in order to enjoy a right to reside under these regulation or the EU treaties The important factor in a marriage of convenience is the absence of intentions of the married couple to be involved in a genuine and subsisting marriage, or relationship akin to marriage, and to create a family unit.
Paragraph 6 a of schedule 1 to the EEA Regulations states that it is consistent with public policy and public security requirements to refuse, terminate or withdraw an EEA right.
Including removal, where there are reasonable grounds to suspect that either an EEA national or a family member for the purposes of the EEA Regulations has: Part 4 of the Immigration Act introduced a referral and investigation scheme for proposed marriages and civil partnerships across the UK involving a non-EEA national who could benefit in immigration terms.
Under this scheme all proposed marriages and civil partnerships in the UK are to be referred to the Home Office by the registration official if they involve: Where a decision is made to investigate a proposed marriage or civil partnership under the scheme, the investigation must be conducted in accordance with the Proposed Marriages and Civil Partnerships Conduct of Investigations, etc Regulations The following legislation requires all non-EEA nationals, except those exempt from immigration control, to give notice of marriage or civil partnership at a designated register office DRO: For example, holders of EEA family permits, residence cards and permanent residence cards.
In England and Wales, both parties to the marriage or civil partnership must attend the DRO together in person. In Scotland and Northern Ireland, notice may also be given by post as well as in person, and it must be given at a designated register office. Currently every register office is designated for Northern Ireland and Scotland. Section 24 and 24A of the Immigration and Asylum Actas amended by section 55 of the Immigration Actplaces a duty on a registration officer to report to the Home Office any reasonable suspicions that a marriage or civil partnership will be, or is, a sham.
A report can be made at any point from when initial contact is made at the register office to any time immediately after the marriage or civil partnership has taken place. Under schedule 6 of the Immigration Acta registration officer may also disclose any information or supply any document to the Home Office for immigration purposes. Including for example where a suspected immigration offender while registering a birth or death.What is the Difference Between the EU and the EEA Countries?
UK Visas and Immigration UKVI are responsible for considering applications for leave to remain based on a marriage or a civil partnership and applications for EU residence documentation. UKVI may invite the couple for an interview or alternatively commission a home visit. There is no criminal offence of entering into a sham marriage but there are other offences for which a person could be prosecuted for involvement in a sham marriage.
The act extended the marriage and civil partnership notice period from 15 days to 28 days for all couples marrying in the UK following civil preliminaries or forming a civil partnership. While it is possible to switch from the UK law to the European law, this does reset the clock for acquiring permanent residence.
The legal situation of extended family members during this switch is uncertain, because they have to conform to both laws.
- Immigration (European Economic Area) Regulations 2006
Implementation issues[ edit ] This section has multiple issues. Please help improve it or discuss these issues on the talk page.
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EEA Family Permit - Information & Advice | Visalogic
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The discussion page may contain suggestions. November Learn how and when to remove this template message By far the biggest implementation issue is the long processing time for the issue of residence cards EEA2 applications. This can take 6 months or longer current processing times as at January are up to a year according to the web site.
During this time it is very difficult for the family member to start working, to open a bank account, to register with a doctor or to travel. This issue is created and aggravated by a combination of several seemingly harmless infringements. The initial visa EEA family permit is valid for only 6 months reduced in from previously 12 months.