residence card for changed circumstances from EFM to FM

gbxox · Post by **gbxox** » Thu Oct 29, 2015 3:06 pm

Hello, I am new to the board. I've read lot of threads , but didn't find the answer to my issue.

A. I am the EEA National in the UK since 1998, in a full employment.
B. My unmarried partner is non-EEA national, irregular in the UK.
C. We've been in a relationship 6 months, living together since September. We regard it as durable.

I'd like to ask:

Can we apply for his EFM Residence Card by ourselves, without going to solicitor, and how risky it would be with regards to his irregular status?

fatimahh · Post by **fatimahh** » Thu Oct 29, 2015 3:23 pm

[quote="gbxox"]Hello, I am new to the board. I've read lot of threads , but didn't find the answer to my issue.

A. I am the EEA National in the UK since 1998, in a full employment.
B. My unmarried partner is non-EEA national, irregular in the UK.
C. We've been in a relationship 6 months, living together since September. We regard it as durable.

I'd like to ask:

Can we apply for his EFM Residence Card by ourselves, without going to solicitor, and how risky it would be with regards to his irregular status?[/quote]

If you are good with reading and understanding rules, you could easily fill the form without a solicitor and if stuck you can still come back to the forum and ask guru and moderators for help.
Your partner old status would not affect the decision if you apply. Decision will only be base on the genuity of the current relationship and if you exercise treaty right.

Regarding the 6months relationship, well you may consider it strong but home office may see it in a different way since they have been asking people to provide proof of 2 years living together for unmaried partner. You could however argue that it is strong if you have argument such as joint commitments (joint bank accounts, investments, rent agreements, mortgage, life insurance policy naming the other partner as beneficiary; Birth certificates or records of any children of the relationship, showing both partners as parents etc.....) that will show them that you really are in a relationship akin to marriage.

gbxox · Post by **gbxox** » Thu Oct 29, 2015 4:19 pm

Thank you very much fatimahh for your reply.

Yes, I am a lawyer (though, not educated/practicing in the UK), and I'd prefer we fill application ourselves, because of solicitor's fee.

As my partner is irregular here, we can't open a joint bank account, or can we? He's using mine. Maybe we could open a saving account?

Also, for the same reason, he can't be named in the tenant agreement, subsequently he can't apply for the council tax.

We've got some bills with our names at the same address.

As soon as we apply for the EFM RC we want to get married (not before as his status should be referred to the HO) .

In the application, how detailed the explanation about his entry to the UK has to be?

Thank you.

ten513 · Post by **ten513** » Fri Oct 30, 2015 8:07 am

gbxox wrote:Thank you very much fatimahh for your reply.

Yes, I am a lawyer (though, not educated/practicing in the UK), and I'd prefer we fill application ourselves, because of solicitor's fee.

As my partner is irregular here, we can't open a joint bank account, or can we? He's using mine. Maybe we could open a saving account?

Also, for the same reason, he can't be named in the tenant agreement, subsequently he can't apply for the council tax.

We've got some bills with our names at the same address.

As soon as we apply for the EFM RC we want to get married (not before as his status should be referred to the HO) .

In the application, how detailed the explanation about his entry to the UK has to be?

Thank you.

Hi gbxox,

In my opinion, it will be very difficult if you apply EEA EFM - Extended Family as unmarried partner. Home office required proof at least two years. If Home office refuse then your partner will be deport. I can say this because Home office refused my EEA EFM unmarried partner early this year.

In your case you should get advise from solicitor to see which option is best for you.

gbxox · Post by **gbxox** » Fri Oct 30, 2015 11:19 am

Ten513 , I got advice from a solicitor to apply as an unmarried couple so then his application will be outstanding with Home office as not to be deported e.g. on the wedding day afterward.

gbxox · Post by **gbxox** » Wed Sep 21, 2016 2:09 pm

My EFM partner got refusal yesterday on the ground of lack of durability, though, with a right to appeal, and we are going to appeal. We tried to give a notice of marriage twice (second time HO emailed the registrar office with a copy of his passport attached ). However, this seems to be impossible as an original copy is with HO.
Is it any way that we can marry before the appeal court hearing ?

Many thanks .

noajthan · Post by **noajthan** » Wed Sep 21, 2016 2:25 pm

To avoid confusion & jumbled responses, I have moved your question to its own thread (this one).

gbxox · Post by **gbxox** » Thu Sep 22, 2016 2:52 pm

Application sent through solicitor : 24/03/2016

COA and Biometrics : June 2016

Refusal (19/09/2016) due to lack of evidence that relationship is durable. They accepted only tenancy agreement on both names from last 6 months, not another evidence (GP letter, pictures, friends statements, bank letter, messages that we live together since September last year).

Right to appeal by 29/9/2016.

Please advise me what to do more to prove that our relationship is genuine even without 2 years of cohabitation.

We want to marry and already went to give a notice , however, they refuse us as his passport is with the HO. HO even emailed the register office with the attached copy of his passport.

Can they deport him before and after we appeal?

Please advice .

Thank you

Casa · Post by **Casa** » Thu Sep 22, 2016 2:55 pm

gbxox wrote:Application sent through solicitor : 24/03/2016

COA and Biometrics : June 2016

Refusal (19/09/2016) due to lack of evidence that relationship is durable. They accepted only tenancy agreement on both names from last 6 months, not another evidence (GP letter, pictures, friends statements, bank letter, messages that we live together since September last year).

Right to appeal by 29/9/2016.

Please advise me what to do more to prove that our relationship is genuine even without 2 years of cohabitation. 2 years of co-habitation in a durable relationship 'akin to marriage' is mandatory. You appear to fall 12 months short of this.

We want to marry and already went to give a notice , however, they refuse us as his passport is with the HO. HO even emailed the register office with the attached copy of his passport. Marriage won't legalise your partner's stay in the UK.

Can they deport him before and after we appeal? Yes if he loses the appeal.

Please advice .

Thank you

Obie · Post by **Obie** » Thu Sep 22, 2016 4:02 pm

gbxox wrote:Application sent through solicitor : 24/03/2016

COA and Biometrics : June 2016

Refusal (19/09/2016) due to lack of evidence that relationship is durable. They accepted only tenancy agreement on both names from last 6 months, not another evidence (GP letter, pictures, friends statements, bank letter, messages that we live together since September last year).

Right to appeal by 29/9/2016.

Please advise me what to do more to prove that our relationship is genuine even without 2 years of cohabitation.

We want to marry and already went to give a notice , however, they refuse us as his passport is with the HO. HO even emailed the register office with the attached copy of his passport.

Can they deport him before and after we appeal?

Please advice .

Thank you

The court have ruled that Extended family have no right of appeal, it is therefore likely that any appeal you file will be invalid.

Casa · Post by **Casa** » Thu Sep 22, 2016 4:12 pm

Thank you Obie. I'd forgotten the recent Court ruling against appeals for EEA extended family members.

gbxox · Post by **gbxox** » Thu Sep 22, 2016 7:02 pm

What does it mean 'invalid'?
No worth to lodge appeal?
HO in making such decision , giving the right to appeal, colliding with higher Court rules,just wants to 'delay ' until Brexit execution, scraping EU nationals of rights to family life? under EU law?
If extended family member not having right now to remain
So We have to become a family, meaning to marry , somehow and to apply again?

gbxox · Post by **gbxox** » Wed Feb 08, 2017 11:31 am

I am EU national . My Spouse if non-EU national.

After a submission of judicial review application for a refusal of the EFM application because of the non durability akin to marriage (less than 2 years), we married after HO 'approval' .

So please advice me what is better to do now with regard to speed my spouse's right to reside and work.

1. to apply for the FM application this time or
2. to wait a judicial review outcome for the EFM refusal application
3. another way to get COA (NINO)

noajthan · Post by **noajthan** » Wed Feb 08, 2017 12:37 pm

Mohsan2787 · Post by **Mohsan2787** » Thu Feb 09, 2017 12:36 pm

noajthan wrote:1.

My point of view is better you to submitt a new application with you wife better then judical riview because now you are more storng and better then before and no need to prove 2 year residency togather.

secret.simon · Post by **secret.simon** » Thu Feb 09, 2017 6:49 pm

Mohsan2787 wrote:
noajthan wrote:1.
My point of view is better you to submitt a new application with you wife better then judical riview because now you are more storng and better then before and no need to prove 2 year residency togather.

By getting married, the non-EU national is no longer an EFM and hence the judicial review may well be moot.

As the spouse of an EEA citizen, your non-EEA spouse is entitled to an FP. Go for that.

gbxox · Post by **gbxox** » Wed Apr 05, 2017 2:45 pm

We started EFM Application last March from the UK.
Rejected September 2016 .
Judicial Review upheld HO Decision March 2017
Married with HO approval in January 2017.
Solicitor asked for residence card regarding changed circumstances on the basis of marriage February 2017.
Still didn't received anything neither COA neither Permit.
Why is taking so long? Please can you tell what is wrong with this?

gbxox · Post by **gbxox** » Tue Apr 11, 2017 3:36 pm

Can you please advice me what should we do :
To apply for residence permit for EU spouse (EU doesn't still hold permit although living 20 years in the UK) and family permit for non-EU (what application: EEA(PR)Application for a document certifying permanent residence or permanent residence card under the EEA Regulations ? )-
Or
Apply for a registration certificate or residence card for a family member: form EEA (FM)
( does it need to be paid for both £130? )

both are inside the UK, married in the UK.
During refused EEA (EFM) married in the UK. Solicitor applied twice for the residence card on the basis of marriage (changed circumstances) in the same EEA (EFM) process in February 2017 but still no reply from HO.

Dersim62 · Post by **Dersim62** » Wed Jun 07, 2017 9:16 am

Hi there

I am in similar situation. Have you heard anything from HO, what is your update with your application ? Have you directly contacted the HO of marriage approval or went to registry your self ? Can you please tell me more info about the marriage approval?

gbxox · Post by **gbxox** » Wed Aug 16, 2017 12:51 pm

Can you please advice me what Form to use to apply for my non-EEA spouse residence card? I am EEA qualified person in the UK more than 5 years. What form we need to use? I am totally confused. EEA (FM) or/and EEA (PR) or /and EEA (QP)?
Thank you .

vinny · Post by **vinny** » Wed Aug 16, 2017 1:16 pm

Posts merged.

vinny · Post by **vinny** » Wed Aug 16, 2017 1:25 pm

EEA(FM).

gbxox · Post by **gbxox** » Wed Aug 16, 2017 2:19 pm

Thank you very much for your swift reply.
May I just ask If we apply just with EEA (FM) how much we have to pay (£65 or £130 )?
In section 3 should we put me , sponsor as a family member ?
In section 11 then which box to tick on 11.1? (3?)

gbxox · Post by **gbxox** » Wed Aug 16, 2017 2:48 pm

Dersim62 wrote:Hi there

I am in similar situation. Have you heard anything from HO, what is your update with your application ? Have you directly contacted the HO of marriage approval or went to registry your self ? Can you please tell me more info about the marriage approval?

HO will reject you, as change in status is not counting as change of circumstances they take into account (just change of details, or solicitor) for the same application.

We went to the registry ourselves, but as we needed to have both passports which we didn't have as spouse passport was with the HO, it was just when HO rejected our EFM app and returned documents that we could give a notice to marry; then you have to wait until HO investigate your notice; they will send you letter (and registry office ) , so only then call registry office and book ceremony to marry. )

Loutfi · Post by **Loutfi** » Fri Dec 15, 2017 3:36 pm

Hi guys i really need help
Im overstayer from 2015 and i meet my partner(romanian) in September 2016 and we done Islamic marriage and living together from March and we have proof of address from March and she was pregnant on August but we lost the baby on October and we was planning to get married last month but someone told me if u go there they might home office come and pick u up and im going to apply for unmarried partner and when biometric information done I can apply for marriage that will be more safe
Pls Guys i need help anyone had same situation and please can you tell me what to do

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