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EU Unmarried partner situation

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dpap
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Posts: 8
Joined: Mon May 17, 2004 3:45 pm
Location: london

EU Unmarried partner situation

Post by dpap » Thu Jun 03, 2004 12:36 pm

Dear All,

I am Hungarian, and my unmarried partner is Kenyan, and an International student. We have been together for 3 and half years, and lived together for almost 3 years now. We would like to stay together in the UK as this has been our home for a long time. I work in retail and my partner who has just finished her studies, has worked part time her field of Finance throughout her course.

My history is:

1. I came into the country with an Aupair visa and worked as an Aupair for the first three years while studying English
2. At the beginning of last year, I changed my status to International student
3. From November last year, I have been working the allowed 21 max. hrs as a student
4. We both have evidence of being able to support ourselves without the need for public funds

Now that we have joined the EU, and my partner has finished her studies, we would like to both work in a full time basis.
I am aware that I will be needing to fill in forms EEC1 and EEC2 for Residence and Leave to remain respectively before I can add any of my family to my application. However, the difficulty I am having is that one of the criteria is I would have needed to have been working for the past 4 years constantly.
Can you please tell me what other options I may use as my partner and I are in a serious relationship and would like to remain together. And also will my unmarried partner constitute family member for my application.

Please help.

Dpap

Chess
Diamond Member
Posts: 1855
Joined: Fri Nov 07, 2003 1:01 am

Post by Chess » Thu Jun 03, 2004 2:35 pm

Dpap,

Have you considered getting married first? the situation will be different if you 'partner' became your spouse!


In the meantime, if your partners student Visa is due to expire soon - then it may be worth her considering to get on a 'new' course and get her student Visa extended - then you can sort out the rest..

I am sure kaya, Cosmo and other forum members will have an input

....but make sure that your partner still 'has leave to remain' and does not become an 'Overstayer'

best of Luck
Where there is a will there is a way.

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Thu Jun 03, 2004 4:21 pm

Dpap,

I have tried to cover all angles so a bit lengthy but am sure you don't mind.

You

Hungary acceeded to the EU on 1 May 2004. The UK in line with other 'original' EU member states restricted the freedom of movement under treaty rights for nationals from 8 of the 10 'new' states to protect the welfare system from potential abuse. Only nationals of Malta and Cyprus have full treaty rights of movement i.e. the right to work and reside in the UK without needing any authorisation from the government.

Accordingly the UK has set up a worker registration scheme for nationals of the 8 countries including Hungary. They must be employed/ self employed for 12 months before they can attain full rights of movement and apply for a EU residence permit. However those nationals of the 8 states who were working in the UK prior to 1 May 2004 date are eligible to apply for an EU Residence Permit immediatley which you can now do on form EEC1.

Once you hold an EU residence permit for 4 years you are entitled to apply for Indefinite Leave To Remain in the UK on form EEC2. The issue of retrospectivity i.e. considering the time period before ascension towards the 4 year period is moot because this (retrospectivity) applies only to the original EU states i.e. if you had been say French you could do so. I beleive this issue is being considered in parliament but nothing will come out of it because it sets a legal precedent notwithstanding the prevailing concern about immigration in the UK as we enter an election period.

Your girlfriend

EU law extends the right of movement i.e. residence and employment in the UK to the 'family' members of EU nationals with full rights of movement even when they are not EU nationals. Family members are classed as your legal spouse, natural/ adopted children under 21 and their relatives in the ascending line who are dependent on you i.e. father, grandfather etc. Your girlfriend is not a family member and can thus not be included in any of your applications be it EEC1 for an EU Residence Permit or EEC2 for ILR.

Options

1. Get married - your partner then qualifies as family member of an EU national with full treaty rights of movement. She can be included in forms EEC1 and EEC2 as a dependent spouse.

2. Go the unmarried partners route - you would have to show you were living in a relationship akin to marriage for at least two years which it appears you have. Note that this is a concession outside the immigration rules for EU nationals because the standard requirement is for one partner to be settled in the UK i.e. have ILR or be a British Citizen. This route requires extensive documentation e.g. tenancy agreements, joint utility bills, joint bank accounts, wills, insurance certificates naming the other party as the beneficiary etc basically stuff showing you were together for a minimum of two years. You are both likely to be interviewed and the process will IMHO take at least 6 months.

3. Your partner applies for the HSMP (I suspect she will struggle on this as a new gradaute with limited work experience and not enough income).

4. Your partner gets a job and the employer sponsors her for a work permit.

As per comments by Chess she should under no circumstances remain in the UK beyond the validity of her visa.

Good Luck

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