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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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my partner is a British citizen.she suffers from epilesy. weve

Resolved Question:

my partner is a British citizen.she suffers from epilesy. we've been cohabiting since 2010.l am a Nigerian. i applied for leave to remain but was refused on basis of insurmountable obstacles test. l contested the decision by judicial review but failed both on paper and oral hearing. can i apply for a derivative residence card as a primary carer of a British citizen. would home office seize my passport as they did first time?
Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

You have two options:

1) leave the UK and apply for a spouse/unmarried partner settlement visa from Nigeria on the basis of your relationship with a British Citizen;

2) apply for a derivative residence card on the basis that your Partner is dependant on you and you are her primary carer and if you had to leave the UK, she would have to leave the UK as well. This type of application will be very complex and I suggest you read this where it explains the kind of evidence you will need to provide: http://pearsall.eu/2013/07/zambrano-and-regulation-9-refusal-notices/

The Home Office may retain your passport until your application is dealt with and thereafter if they decide to remove you from the UK forcibly. However, they would not remove you until your Derivative Residence Card application is finalised.

Hope this helps

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