EEA Family permit for Australian unmarried partner of EU cit

[aussiegirl]

I would greatly appreciate any advice on our situation. I am an Australian citizen, living in Australia, engaged to an Austrian/Australian dual national living in the UK. My fiance moved to the UK 12 months ago as a result of a fantastic job offer, and plans to stay in the UK for at least the next 2 years. I have just completed my doctoral studies here in Australia and am now ready to join him in the UK. We are trying to find the fastest possible way for me to join him in the UK that will also allow me to undertake full-time employment.

We first moved in together in Australia in November 2003, into a house that I own in my name. We have loads of documents and bills in joint names, photos, emails, etc. that document our life together since this time. We plan to be married here in Australia in October 2009 (on a holiday from the UK). From what I have read so far about the EEA family permit, it seems that I could be eligible as an unmarried partner, if the Home Office accepts that we have been living in a 'relationship akin to marriage'.

However, I envisage one problem - we have spent substantial periods of time living in different countries. I spent two years overseas as part of my PhD studies, and we have now been living apart for another 12 months (although we have spent over 3 months together during this last year). While I was studying overseas, my partner continued to live in our home, and we still have the requisite swag of bills and documents for the entire period even though I was not living there. Obviously, whenever we are both in the same country, we have been living together as a couple. The amount of time that we have spent living together, although not always in Australia, would be approximately 2.5 years. Is this going to complicate things for us? Should I omit this information from the online application (not lie, just omit)? Would I be better off perservering with a standard work permit?

Also, does anyone know how long is it likely to take to process the EEA Family Permit after lodgement in Australia, assuming that all the required paperwork is in order and we are indeed eligible?

Any advice would be most appreciated. We're very keen to live together permanently!!

[vinny]

IND has its own European Caseworker Instructions and the relevant chapters featuring advice on unmarried partners are chapters 2, 3 and 5.

See also form FLR(M) for examples of acceptable documents.