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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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Good Morning. My name isXXXXX a citizen of Ireland,currently

Resolved Question:

Good Morning. My name isXXXXX a citizen of Ireland,currently living and working in the UK. My partner (Alice) is from the Philippians and we wish to live our lives together here in the UK. Alice has been separated for over 10 years, but is not divorced as this is not possible in the Philippians. We met in Dubai in 2011 while she was working there and I was visiting while working in Saudi Arabia. We are in a committed relationship. I spent some months with Alice in the Philippians in 2012 and we were together again in the USA recently. Alice is currently living in Chicago with her son and grand children on a visitor visa. My questions are.
What is the best visa for Alice to apply for to come and visit me in the UK,
What visa does she require to live with me in the UK,
Can she come as a visitor and then apply for a visa to stay
Can she apply for the appropriated visa while she is in the USA or does she have to return to the Philippians.
Alice is a Senior nurse how can she work legally in the UK.

Alice is 57 and must exit the USA on the 1st June 2013.I am 53.
Submitted: 3 years ago.
Category: Law
Expert:  UK_Lawyer replied 3 years ago.
Thank you for your question.

Where in the UK do you want to reside with your partner? England?

Kind regards
Customer: replied 3 years ago.

I am currently living in the midlands near Kettering and Would plan to remain in the midlands region for work reasons.

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

There are a few issues with your situation, one of them is that your current partner is still married and is not able to Divorce. This does make it difficult for her to apply on the basis of being in a relationship with you.

If an application is submitted for her to come to the UK, this would be under the EEA regulations as an unmarried partner, and provide evidence to the home office that your are in a durable relationship.

The following conditions should normally be satisfied:

The parties have been living together in a relationship akin to marriage which has subsisted for two years or more.

The parties intend to live together permanently.

The parties are not involved in a consanguineous relationship with one another (i.e. they are not blood relatives who would not be allowed to marry as this would constitute incest).

Any previous marriage (or similar relationship) by either party has permanently broken down.

These conditions are similar to those which apply in respect of unmarried and same-sex partners of people present and settled in the UK/being admitted on the same occasion for settlement (paragraph 295A of the Immigration Rules).

The applicant must satisfy the caseworker that she is a durable partner as a matter of fact. In circumstances other than the above, the applicant is unlikely to be able to satisfy us that she is a durable partner falling within Regulation 8(5). However, each case must be considered on its merits, taking into account all the facts and circumstances, as there may be cases where notwithstanding that one or more of these points is not satisfied


the home office website states as follows:

An unmarried partner can be considered for an EEA family permit as an extended family member if they are in a durable relationship with the EEA national. The will have to consider factors such as the length of cohabitation, joint finances, whether the couple has children together to establish whether or not the relationship is durable. Each case must be looked at on its own merits. While regulation 12(2) makes provision for the issuing of a Family permit to extended family members (including unmarried partners), immigration officer should be aware that only meeting the extended family member criteria is insufficient. Even where an immigration officer is satisfied that the applicant is in a 'durable' relationship, the immigration officer needs to go on to consider whether 'in all the circumstances, it appears to the entry clearance officer appropriate to issue the family permit' (Regulation 12(2)(c). Factors to be considered here are those set out at EUN2.7.

EUN 2.7 states as follows:

Extended family members are more distant family members of the EEA national or of his/her spouse/civil partner who can demonstrate that they are dependent. Partners, where there is no civil partnership, who can show that they are in a 'durable relationship' are also considered to be extended family members.

Extended family member of an EEA national are defined in regulation 8 of the EEA Regulations.

An applicant may be considered for an EEA family permit as an extended family member if they are:

• residing in a country other than the UK and are dependent on the EEA national or are a member of the EEA national's household; and

• accompanying the EEA national to the UK or wishing to join them there.

If the applicant does not meet both of these criteria, they can also be considered for an EEA family permit as an extended family member if they are:

• a relative of the EEA national or his spouse / civil partner and on serious health grounds, strictly require the personal care of the EEA national or their spouse/ civil partner; or

• a relative of the EEA national and would meet the
requirements, (other than those relating to entry clearance) in the Immigration Rules for indefinite leave to enter the UK as a dependent relative of the EEA national were the EEA national present and settled in the UK; or

• a partner of the EEA national (other than a civil partner) and can prove to the immigration officer that they are in a durable relationship with the EEA national.

Where the applicant can show that he / she is the extended family member of an EEA national, the immigration officer may issue an EEA family permit if in all circumstances, it appears to the immigration officer appropriate to issue the EEA family permit. Therefore, an EEA family permit may be refused:

• where refusing the family member would not prevent the EEA national from exercising his / her Treaty rights or would not create an effective obstacle to the exercise of Treaty rights;

• if the applicant would have been refused entry to the UK on general grounds for refusal had they been applying for entry under the Immigration Rules;

• maintenance and accommodation requirements aren't met, for example, the non-EEA national's admittance would result in recourse to public funds.

Where the extended family member did not reside in the same country as the EEA national before the EEA national came to the UK, and where the EEA national provided financial support only to the extended family member, it is unlikely that the extended family member would be able to demonstrate that refusing to issue them with an EEA family permit would prevent the EEA national from exercising their Treaty rights in the UK. This is because the EEA national could continue to provide financial support to the applicant from the UK.

Therefore in your case you would need to submit an application as unmarried partners providing evidence that you are in a durable relationship. As I stated at the outset it is a complicated application and one which needs to meet the requirements stated above. Because you are not married this makes it very difficult for the home office to grant individuals residency in the UK leading to settlement unless you have been in a relationship akin to marriage.

As mentioned above each case is decided on its own merits and there is nothing preventing you from applying asking the home office to exercise discretion and submitting evidence in respect of the strengths of your relationship.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regard
Expert:  UK_Lawyer replied 3 years ago.
In addition, to answer your specific questions:

What is the best visa for Alice to apply for to come and visit me in the UK?

1. She would need to apply a general visitors visa. Please see the following link:

http://www.ukba.homeoffice.gov.uk/visas-immigration/visiting/general/apply/

What visa does she require to live with me in the UK?

2. She would need to apply for an EEA family permit from the philippines and this is where she is permanently resident. She would need to apply using the following link:

http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/applying/

Can she come as a visitor and then apply for a visa to stay?

Tecnically No, the home office will not allow her to switch from one visa category to another if her current stay in the UK is as a visitor. But you can try and ask the home office to exercise discretion. Application for visas from inside the UK whilst on a visit visa have a higher percentage of being refused.

Can she apply for the appropriated visa while she is in the USA or does she have to return to the Philippians.?

She will need to return to the philippiens and then apply for the appropriate visa.

Alice is a Senior nurse how can she work legally in the UK
the application form she would be required to fill in?

If she wishes to work in the UK and NOT on the basis of being in a relationship with you then she would need to apply under a Tier 2 visa and would need to be sponsored by her employer.

Please see the following link:

http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/general/outsideuk/

If she applied for a EEA family permit visa and it is granted she is able to work on this visa in the UK and the visa will be issued on the basis of her relationship with you.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience: I am a qualified solicitor and an expert in UK law.
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