Uk Settlement For Partner & Step-daughter

[TheBigC]

I am a Brit looking to settle in the UK with my Thai unmarried partner and my partner's daughter from a previous relationship. I have made one previous family visit to the UK with my partner.

I've been scanning the board before posting, but still have quite a few questions. Firstly, perhaps most crucially: is it possible to apply for settlement for my partner and my partner's daughter simultaneously? I spoke to the IAS over the phone and they told me that mother and daughter could apply through the same form, with a supplementary fee paid, but this doesn't seem to match with the information on the VFS website. Looking at the criteria for child settlement, it seems as if the parent or guardian must be the sponsor (I am neither) and that the parent must have the right to settle in the UK (which will presumably not apply to my partner unless her own visa has already been issued).

Looking at the alternative, if I were to register as self-employed in another EU country, how quickly could I apply for EEA Family Permits for my partner & her daughter? Could their applications be filed simultaneously in this instance? Would we then need to wait for Residence permits in that country, and then file for new EEA Permits from the British Embassy in that country, before moving back to the UK? What would be a best estimate on the minimum time all this might take?

With regards to filing for EEA Residence Permits in the UK, which I understand is now taking 12+ months to process (?!!): would they also require the possession of my own passport for this period, or only my partner + daughter's passports?

I gather that the drawback of the EU route is that it takes 5 years from receipt of a Residence Permit before the holder can apply for ILR in the UK (ie. 6 years, compared to 2 with a Settlement Visa). The question here then - is this situation likely to change (on either front)? Is it possible that the 5-year wait on the Residence permit could be extended, or the right to ILR for an EEA Resident cancelled altogether? Is it likely that we could receive UK settlement visas this year, only to discover, in two years time, that we have to wait another year or more before becoming eligible for ILR due to a change in the Rules? I heard rumblings in the news with regards to the latter, but unsure if this would be retroactive or apply to spouses.

Finally, if we went the UK route first, and received a rejection for some reason, would that rejection have the potential to prejudice subsequent EEA Permit applications to either the UKBA or their European counterparts?

Any and all advice much appreciated!

[7by7]

To follow the EEA route you would need to be exercising your treaty rights to live and work in an EEA state other than that of which you are a national. Registering as self employed there would not be enough; you'd need to live there as well. Once you had obtained EEA family permits for them to join you there you could then follow the EEA route to return to the UK.

The advantage over following the UK immigration route is that it would be free. The disadvantage is the time involved. You'd have to take up residence in this other state, have them join you there and then move back to the UK and apply again for them to accompany you. When you did return to the UK it would be, as you say, 5 years before they would have permanent residence.

Following the UK immigration route will be more expensive, but they would have ILR after two years and could apply for citizenship after three.

Whether applying under the UK rules or the EEA rules, in order to qualify as your unmarried partner you will need to show that you and she have been living together in a relationship akin to marriage for at least the last two years. If you can show that you have been doing so for at least the last 4 years then your partner would qualify for ILE, subject to her satisfying the KoL requirement. ILE is to all intents and purposes the same as ILR, see here for more on this.

Whichever she applies for and gets, her daughter will get the same and should apply at the same time.

The following may help you in reaching a decision:-

EEA rules:

EUN02 - EEA Family Permits

UK immigration rules:

SET05 - Unmarried and same sex partners

SET07 - Children

Maintenance and accommodation

Both:

Requirement for Tuberculosis testing for applicants visiting the UK for longer than 6 months

Forgot to add; a previous refusal will not prejudice a current application; provided the reasons for the refusal have been adequately dealt with.

Edited August 30, 2009 by 7by7

[TheBigC]

Hi 7by7, thanks very much!

Assuming UK settlement, is there a joint form they can use to apply together? Or, if my partner's daughter has to file a separate (but simultaneous) application, who is her sponsor, myself or my partner? Are the applications officially linked, will they be assessed together?

If the ECO is okay with my partner's application but isn't convinced by my step-daughter's*, does that mean that both applications will be rejected, or only one?

* she has lived with the maternal grandparents until recently, although now living with us; whilst my partner has exercised sole responsibility since birth (financial support, key descion making, frequent communication) it may be a headache to provide "full evidence" of this over a period of many years. We can try... Nb. I gather we would not need to address the issue of sole responsibility for an EEA Family Permit; does this mean that a previous UK rejection on these grounds would be irrelevent, or, in practice, might this still cause delay or disruption? What about later on, when applying for ILR / naturalisation?

Edited August 30, 2009 by TheBigC

[7by7]

Unless the procedure has changed since my wife and step-daughter applied, unfortunately you will need to submit two forms, one each, and pay two fees; although they will be assessed together. You will be the sponsor for them both.

Provided issues of sole custody and sole responsibility are ok, and you can adequately maintain and accommodate them both, then if one is successful so will the other one be.

Edited August 30, 2009 by 7by7

[ThaiVisaExpress]

Using the UK route it is two fees however they can apply together at the same time.

[TheBigC]

Thanks everyone!

[Mariann]

Thanks everyone!

I am almost in the same process your partner will need proof of sole responsability , sole custody of her daughter ,and permission from biological father for to travel outside their country .

[7by7]

Thanks everyone!

I am almost in the same process your partner will need proof of sole responsability , sole custody of her daughter ,and permission from biological father for to travel outside their country .

Permission from the absent parent is not required for settlement applications because the parent applying for the child must have sole legal custody.

Permission of this sort may be required for non-settlement applications, but only where custody may be shared or even held by the non-sponsoring parent.

Edited September 2, 2009 by 7by7

[Escape]

Thanks everyone!

I am almost in the same process your partner will need proof of sole responsability , sole custody of her daughter ,and permission from biological father for to travel outside their country .

Permission from the absent parent is not required for settlement applications because the parent applying for the child must have sole legal custody.

Permission of this sort may be required for non-settlement applications, but only where custody may be shared or even held by the non-sponsoring parent.

My wife recently got a document from the local ampur confirming she has sole custody of her child, this document was required when applying for a Thai Passport, as the natural father was absent. I do believe that once translated the British Embassy will accept this document. Perhaps others can comment further.

[7by7]

A sole custody document isued by an ampur is fine for the BE.