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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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I am a dual citizen or Ireland and Australia. My same sex

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I am a dual citizen or Ireland and Australia. My same sex partner from Australia and I travelled to the UK on 11 December 2014, with the intention of having a holiday and then looking for work. He applied for and was issued with a EEA family permit for 6 Months. As it turns out, we arrived and left 8 days later - travelling to other parts of Europe and then through Asia. We visited the UK for 1 day on 20-21 April and then went to Denmark/Portugal/Italy/Austria before arriving back in the UK on 25 May. The 6 month permit is about to expire and we have only just arrived back in the UK. I have been applying for jobs online and through recruitment agencies but neither of us are currently employed. We have the means to support ourselves for the next 6 months in the UK and we have comprehensive travel insurance. I am a qualified employment lawyer and my partner is a radio producer with experience in PR too. As I am still only a jobseeker and not yet employed I wonder whether I should apply for a registration certificate and he apply for a residence card - or if it is better for us to leave the UK before the permit expires and to apply for another family permit which would then last 6 months.

Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,
You are exercising treaty rights as a job seeker provided you find employment within 6 months of the date you first started looking for work.
You both therefore have the right to reside in the UK for 6 months initially, and if you find work, you both have the right to reside longer.
You do not need to apply for any residence cards if you do not wish to as such rights are automatic. However if you find work, it is advisable then to apply for residence cards to prove your partners right to reside in the UK.
Hope this helps
Customer: replied 2 years ago.

Hi there,

As my partner and I are unmarried he is considered to be an extended family member. According to the Home Office guidance for EEA extended family members do not have an automatic right of entry or residence.

"Rights of an extended family member

Extended family members do not have automatic rights to enter and reside in the UK. Under regulation 7(3) of the regulations, an extended family member has the same rights as a direct family member, providing they continue to satisfy the conditions of regulation 8 and they have been issued with:

 an EEA family permit

 a registration certificate, or

 a residence card.

The above documents must remain valid and not have been revoked.

The conditions the person must meet to be considered a family member are set out in regulation 8."

Therefore, I believe that any period I remain in the looking for work UK after the date my family permit expires would be unlawful.

I also wonder what date they consider to be the date we first started looking for work, as we applied for the initial visa on the basis that we intended to look for work in December last year, however, we have only just arrived back to look for work now.

Expert:  UKSolicitorJA replied 2 years ago.
You did not specify that you are unmarried, in that case your partner must apply for a residence card before the EEA Family Permit expires and you should specify the date when you first actually started seeking work. Intention to seek for work is not the same as actually seeking work and the clock starts ticking now when you actually start looking for work.
All the best
Customer: replied 2 years ago.

Thank you, ***** ***** a section of the regulations or a case you could provide which refers to the rule about the time the clock starts ticking?

Expert:  UKSolicitorJA replied 2 years ago.
This is not set out in a case or the rules in black and white but it is used as an argument. You may also claim qualified person status as a self sufficient person if you get comprehensive sickness insurance for you and your partner as you say you have enough funds to see you through for another 6 months. However, travel insurance is not the same as sickness insurance, see here
http://www.eearesidencepermits.com/comprehensive-sickness-insurance-requirements-for-eea-nationals/
You may study this document more to understand qualified person status:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/421238/Qualified_Persons_v3_0.pdf
All the best
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