How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask UKSolicitorJA Your Own Question
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
Type Your Immigration Law Question Here...
UKSolicitorJA is online now

my partner is a British citizen.she suffers from epilesy. weve

This answer was rated:

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?

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:

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

UKSolicitorJA and other Immigration Law Specialists are ready to help you