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frantzgregory
frantzgregory, Lawyer
Category: Immigration Law
Satisfied Customers: 628
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I am a Romanian citizen having moved to the Uk in 2013

Customer Question

hello i am a Romanian citizen having moved to the Uk in 2013 with a "Accesion Worker Card" and now as of Jan 1 considered EEA national in terms of right to work. i used to live and work in NYC and my partner from NY wants to join me in the uk. we applied via the Unmarried Partner route (we satisfied the cohabitation and financial requirements) but got the below response today - can you advise why i would not be considered settled in the UK and what is the most appropriate way for my girlfriend to join me in London and have the ability to work here as well ?
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> Thank you for your application to join your spouse in the UK.
>
> Your application has been considered and it is noted that your sponsor is a Romanian national currently residing in the UK with permission to work through an Accesion Worker Card. I note that your sponsor entered the UK in 2013. Your sponsor therefore has not been present in the UK exercising his treaty rights for 5 or more years. In addition the sponsor has not been issued with a permanent residence card for the UK. Your sponsor therefore is not considerd settled in the UK and you therefore do not meet all the rules under Appendix FM. I note, however, from the documents provided that your may qualify as an EEA family member of the sponsor. Unfortunately we would not be able to refund the application fee you have currently paid; however you can vary your application to that of an EEA Family Member.
>
> Please can you confirm that you would like us to consider your application against the EEA Family Memeber requirements.>>
Submitted: 1 year ago.
Category: Immigration Law
Expert:  frantzgregory replied 1 year ago.
Hello
Thank you for your enquiry. I am currently reviewing your question.
Expert:  frantzgregory replied 1 year ago.
Hello
Thank you for your patience.
It looks like your partner made an application under the wrong route/form and based her application under the Immigration Rules rather than under the EEA rules. You are considered settled if you have permanent residency in the UK.
It also looks like your partner has been given an opportunity to vary her application so that it is considered against the EEA family member requirements.
Your partner has the option to accept to vary her application. She will nevertheless have to meet the requirements as an EEA family member for her application to be successful.
If your partner's application as an EEA family member is successful, she will be able to join you in the UK and work.
I hope this clarifies your question.
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This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
Customer: replied 1 year ago.
hello - thank you for the note. how does one "vary" his/her application ? do we have to start all over and submit a whole new application and supporting pack for the EEA family member route ?
regards
Expert:  frantzgregory replied 1 year ago.
Hello
Reading the letter you received, it asks you to confirm whether you would like the Home Office to consider your application against the EEA Family Member requirements.
I hope this clarifies your question.
**********************************************************************
This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
Expert:  frantzgregory replied 1 year ago.
Hello
Could you please click on the rate button.