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Discussie in 'Immigration UK' gestart door dbow, 11 feb 2009.

  1. dbow

    dbow Member

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    I am british and my partner of 8 years is non EEA but legally resident in Spain, we now live in UK but with no visa. What form should we use to get my partner legal here or is he already legal being a third country national legally resident in another EEA member state?
     
    #1 dbow, 11 feb 2009
  2. 86ti

    86ti Active Member

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    He is legal throught the relationship to you but not because of his legal residence in Spain. I do not think that you can be resident in two countries.

    For practical purpose better apply for EEA2, see http://www.ukba.homeoffice.gov.uk/eucit ... ropeanlaw/ and also
    http://www.ukba.homeoffice.gov.uk/sitec ... dlaw/ecis/
     
    #2 86ti, 11 feb 2009
  3. dbow

    dbow Member

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    British national & non EEA national & no visa

    I am british and I am also resident in Spain, so you can be resident in two countries at the same time. Today we applied for a NI number we will have to wait to see what happens. On the website hmrc says that a third country national legally resident in another EEA member state has a right to reside in the UK but what I don't know if once he is here in the uk he needs someother kind of visa etc.
     
    #3 dbow, 11 feb 2009
  4. 86ti

    86ti Active Member

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    Re: British national & non EEA national & no visa

    So you think that you are legally resident in two countries now? Based on EU law you cannot stay away for longer than six months (there are exceptions) and still be considered resident. That means you can be resident only in one country at a time. You obviously plan to live in the UK now and that is where you are resident now. That you have been living in Spain before is irrelevant now.

    Home Office is responisble for immigration affairs not HMRC. The 'legally resident in another EEA member state' is obsolete.

    You didn't read the links I posted earlier. You do not need a visa. You may apply for a residence permit (EEA2) and for practical purpose you better do so.
     
    #4 86ti, 11 feb 2009
  5. dbow

    dbow Member

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    Re: British national & non EEA national & no visa

    Thank you so much and I have read those posts you sent me and many times too but its all so confusing as I rang HO and they said he has to leave UK and apply for an entry clearance as a partner but I'm sure that is not correct, besides he has only 3 months left on his travel document and he goes back to Spain for this visa he would not be able to get back to the uk as the Venezuelan consulate have no material to renew passports and are only issueing travel documents to travel to Venezuela and once in venezuela you cannot leave. his last travel document I aquired with a lot of crying and pleading because I said that if they don't give him it they would be separating a family.
    Its all very complicated so thats why I need to to get this all sorted out from the uk. We have been together for 8 years and he has been the stepfather to my 3 children since they were of very young ages. 18 months, 5 years and 9 years old. They are now 10, 14 and 18 years old.
    All we want is for him to be legal and be able to go to work.
    Thanks
     
    #5 dbow, 12 feb 2009
  6. 86ti

    86ti Active Member

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    So you will soon have no valid passport anymore and won't be able to apply for a new one?

    I do not think that your partner has to leave the UK but better applies for the EEA2 residence card as soon as possible. But without a passport?
     
    #6 86ti, 12 feb 2009
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