Form SET(M) or EEA4?

Me -> Mexican
My unmarried partner -> Danish, have lived in the UK for 10 years

Hi.

I'll try to explain my situation in a chronological manner:

Oct 2001 - I came to the UK on a 2-year work permit. I have lived with my Danish partner since day one.

May 2003 - My partner got residence permit and ILR at once.

Sep 2003 - I applied to extend my stay with form FLR(M) as unmarried partner.

Feb 2004 - Got a 2-year visa. The stamp in my passport says that I'm here as the family member of an EEA national (is that consistent with having applied on a FLR(M)?)

Having spent 4 years here now, I wish to apply for indefinite leave to remain. But which form do I use?

I'm confused about the EEA4 because it doesn't make any reference whatsoever to unmarried partners nor does it ask me to prove that we've continued living together, etc.

Seems to easy/good to be true if you know what I mean.

Please advise.

Thanks.

Sep 2003 - I applied to extend my stay with form FLR(M) as unmarried partner.

Feb 2004 - Got a 2-year visa. The stamp in my passport says that I'm here as the family member of an EEA national.

[First alternative]
I think the clue to the answer to your question is in the fact that you used the form FLR(M) last time. You no doubt paid an application fee at that time ... and that fee was not refunded to you?

I am slightly confused by the wording on your visa but nevertheless I think that as you used the FLR(M) last time and ended up getting the standard two-year visa that comes from that form, it is the form SET(M) that should be used for the next application.

But I don't think the SET(M) should be submitted quite yet. Your current visa expires sometime in February 2006 ... the application on form SET(M) should be made no earlier than 28 days before the expiry of your current visa.

[Second alternative]
Having looked at the form EEA4 I think you could use that to try to get your ILR. No doubt there is proof that you have been in the UK living and working since October 2001.

Section 3 of the EEA4 form talks about "sponsor" and clearly your partner is your sponsor.

As regards supporting evidence, instead of supplying a marriage certificate, which clearly you cannot do, supply evidence that the two of you continue to live at the same address.

An application on form EEA4 will be free. However do appreciate that applications on the EEA series of forms tend to take a lot longer than the paid-for applications. So if you want a speedy conclusion to all this certainly go down the SET(M) paid-for route.

If you are thinking of applying in person at a PEO you will have to go down the SET(M) route. OK it will cost you £500 for the same-day service but assuming you take all the necessary supporting evidence the ILR should be granted that day.

Conversely an application on EEA4 will need to be submitted by post.

Thank you very much John. You've just confirmed what I heard from other sources.