I've spent months searching the internet on this subject and I am totally confused. PLEASE HELP ME.
I am British and my partner of 8 years is Venezuelan, we have lived together with my 2 young children ages 10 and 14 in Spain since Dec. 2001, he is a legal resident to reside and work in Spain and has a biometric spanish residencia card. We moved to the UK in Oct. 09, we did not apply for a visa for him before coming to the UK, we thought he did not need one but the homeoffice says he must leave the country and apply for an entry clearance. Surely this can not be right? could we apply for a resident card EEA2? He can not leave the Uk because he only has a travel document which expires in 2 months time and the Venezuelan consulate now for the last year or so do not have material to renew passports and are only issueing travel documents to travel back to Venezuela and once back in Venezuela you cannot get back out. If he goes back to Spain for a visa he won't be allowed back in the Uk because he has only 2 months left on his travel document and you can only enter the Uk on minimum of 6 months validity.
My partner has been the stepfather of my 3 children since they were of ages 18 months, 5 years and 9 years old. We have evidence and legal proof of our 8 years together, so surely we can apply for him to stay here in with us without having to leave the UK.
Can someone please advise me.
Thanking you in advance.