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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7609
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am a Roman***** *****ving and supporting myself independently

Customer Question

I am a Roman***** *****ving and supporting myself independently in the Uk. I would like my boyfriend who is from, and is currently living in Peru, (but he also has Italian residency) to join me in the UK. I am happy to support him financially in the short term. He is looking into the possibility of studying in the UK but he has made no applications as yet. I am working but also studying for an NVQ level 3 in Childcare - but I am not sure whether this enough for him to be a student dependant? Please can you advise the best Visa for him to apply for?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
hi.
Thanks for your reply.
Have you lived with him for any length of time? If so, please state how long.
Kind regards.
Tom
Customer: replied 2 years ago.
We've been together since 2010.But during this time we only spend the weekend and holidays together. thank you
Expert:  Thomas replied 2 years ago.
Hi
hanks for your reply. I will be able to answer at 9 a.m..
kind regards.
Tom
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Because you are an EEA national exercising treaty rights in the UK, your fiance must make an application based on EEA rights.
If you are not married then you will have to show that you are in a “durable relationship”, usually this would mean having cohabited for greater than two years but it is occasionally possible to argue that you should be regarded as unmarried partners even though you have not cohabited for the full amount provided that you can show you have been in a serious relationship for a significant period of time. If you have only spent holidays and weekends together then doing this would still be very difficult. If you were prepared to marry then the application would be a lot less controverisa.
The drawback is that there is no fiance visa for non-eea natoinals engaged to EEA nationals. This means that you will have to marry them outside the UK.
Once you are married (if you do) or once you have decided to attempt to argue that you should eb regarded as unmarried partners, he will be able to apply for an EEA Family Permit in order to come to the UK to settle with you. The page on this is here:
https://www.gov.uk/family-permit/overview
Once he has obtained a family permit he can travel to the UK. Once in the UK he can apply for an EEA residence card, which is here:
https://www.gov.uk/apply-for-a-uk-residence-card
This will confirm his right to be in the UK for 5 years. He can work or study whilst on his residence card.
Once he has been in the UK on his residence card for 5 years he can apply for Permanent Residence. Permanent Residence is the right to remain in the uk permanently without needing to make any further immgration applications. This is when he is finally free from immigration time restrictions.
He can naturalise as a UK citizen 12 months after he has obtained PR provided that he meets the requirements on the following page:
https://www.gov.uk/becoming-a-british-citizen/check-if-you-can-apply
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 2 years ago.
Is marriage our only realistic option? Is there no other possibility for him to enter the UK on any other type of visa - even if only temporary - to visit for a holiday or a short period of time?
Expert:  Thomas replied 2 years ago.
Hi,
As I've said above you coudl attempt to argue you should be regarded as unmarried partners (whcih would obviously not require marriage) but it's just less certain that you would be successful.
If he wanted to apply independently of you and study then his options would be a Tier 4 Adult student visa.
If he only wanted to enter for a visit then it would be a normal visit visa application but he could only stay for up to 6 months.
Kind regards,
Tom

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