Originally Posted by Terpe
German, living in the UK since 2003. She's a Pinay living in the Philippines, same with her son (ok, he;s a Pinoy). Her husband is working in Dubai since 2005 or so, and has a new relationship as well. He's filipino as well.
Our relationship started in August 2009, with lots of chats and a number of visits.
How did you think we could be living together if she is technically still married?
if you had lived togther at least 2yrs might be possible to apply for http://www.ukba.homeoffice.gov.uk/po...eun2/#header11
EUN2.11 How do unmarried partners qualify for an EEA family permit?
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 and would satisfy similar criteria used for unmarried partners under paragraph 295A of the Immigration Rules, that is, that the that the parties have been living together in a relationship skin to marriage or civil partnership which has subsisted for at least 2 years. This does not mean that unmarried partners are assessed or have to meet paragraph 295A or the Immigration rules. Rather, the ECO will have to consider factors such as the length of cohabitation, joint finances, whether the couple have children together etc. 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), ECOs should be aware that simply meeting the extended family member criteria is insufficient. Even where an ECO is satisfied that the applicant is in a 'durable' relationship, the ECO 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 would include things such as evidence of criminality.
@JB: I would be very, very surprised if they wouldn't take a look at her passport and see the word "married" and take no issue with that.
one of the reasons the unmarried partner visa was created was for people who cannot divorce, eg filipino's, the unmarried part refers to you and your partner - as you cant marry (unless there is an annulment as you know)
I am struggling to believe that. There are only 3 backwaters where you can't divorce, so I'd be surprised of the EU made an exception for those:
- The Home Of Satan (Vatican)
- Some weird island (Malta)
- The Motherland Of Corruption (no need to explain that one)
However, I'll verify with an adviser, cheers.
I dont think it has anything to do with the EU, i think it was done by the British gov for those who use the EU route, as under British immigration rules there was the unmarried partner visa, so they recognised the need for one for those using the EU route.I am struggling to believe that. There are only 3 backwaters where you can't divorce, so I'd be surprised of the EU made an exception for those:
- The Home Of Satan (Vatican)
- Some weird island (Malta)
- The Motherland Of Corruption (no need to explain that one)
However, I'll verify with an adviser, cheers.
have you lived together for 2yrs 'akin to marriage' ? and have evidence of this? or maybe you could go and live there ???
good luck with what ever you do thou
I dont think it has anything to do with the EU, i think it was done by the British gov for those who use the EU route, as under British immigration rules there was the unmarried partner visa, so they recognised the need for one for those using the EU route.
have you lived together for 2yrs 'akin to marriage' ? and have evidence of this? or maybe you could go and live there ???
good luck with what ever you do thou
We don't have the living together bit, but we have the relationship bit. It's all quite vague.
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