EEaA family visa - urgent help

[samela]

Hi

I was googling for some information on this and came accross this great website. I have some enquiries regarding the immigration laws on unmarried partners visa. I am Indian and my partner is Polish. We are unmarried and living together for more than 4 years in UK. I am currently on PSW and my visa is expiring on April 2011. we only have documentation from Augest 2007, which means 4 years in aug 2011. My enquiries are :-

1. In Augest 2011 when we have documentation for living together for 4 years Am I eligible to apply for permanent residency in UK as the unmarried partners visa requirment states "Applicants who have lived together for 4 years or more with their sponsor outside the UK before applying to enter on a unmarried partner visa, may be granted Indefinite Leave to Remain straight away"?

2. Does the above statement only apply to couples who were living together "outside UK" or also applies to couples living together in UK for more than 4 years?

3. If I can apply for Indefinite Leave to Remain in Augest 2011, what are my options since my visa is expiring in April? can I apply for EU family visa now and switch to PR unmarried partners visa under UK law in Augest 2011?

4. Am i eligible to switch to any other catagory like HSMP or work permit (if i meet the requirments) from EU Family Permit (Unmarried) visa or Unmarried Partners visa in UK if required?

5. can you change back to student visa from PSW

I hope you will advise me soon on these matters and I thank you in advance for your time. Please do ask if any clarification needed. I tried my best to put things as clear as possible.

Thank you
Sam

[vinny]

1. No. (295I).

2. Applies only to couples living outside the UK (295B(b)).

3. See also Transfer from T5 YMS to EAA Family Permit, within the UK? No.

4. No, I don't think so.

5. Yes. 245ZX(b)(iii).

[alejandrouk]

Hi, I am in a similar situation in some point that you mentioned, though you should take my comments not as confirmation but as suggestions of paths that you could explore. I am also hoping that someone else in this forum can correct or confirm what I will be telling you here.

An alternative that I am trying find some advice here from someone with experience might help you also, this is:

If your EEA partner has been exercising treaty rights for 5 years she might be able to apply confirmation for settlement in the UK using form EEA3 (applying for confirmation helps to smooth out future steps but is not compulsory).

Once that she is granted settlement you might be able to switch to the UK law. You could then switch to FLR(M), then in two years apply for SET(M).
Here is where I am not sure if you can apply for inside the UK to do this switch or not. As you hold a PSW which is under UK law you might be able to apply from the UK as will not be considered a switch me on the other hand I hold an EEA family permit about to expire so is different and don't know if is possible.


Or wait until you have been living with your unmarried partner for a total period of 5 years and then apply for PR using EEA4. (A few things here that I would like to know myself is that in the case of unmarried partners the 5 years period start from the day that you start living together or if the 5 years start only after 2 years of living together as required to apply for EEA2)

I have also read here:: http://www.lifeintheuk.org/mod/forum/di ... p?d=764610
though this seems to apply only to married couples and only if your partner will be seeking Citizenship (It will be good to find out from someone else here if this could also work for unmarried couples).

As for your point No. 3 if you live with an EEA national exercising you are then covered by the EU law, so you could apply for confirmation using EEA2 or not as is not compulsory.

I Hope this helps.

[samela]

Thank you for the reply guys, I spoke with one of the lawyers in Named OISC advisors and they advise me I will be able to switch to HSMP or work permit if i meet the requirments from Unmarried partners visa. But vinny said that I cannot. can you confirm this is the case? What you guys think I should do? EEA family permit or UK unmarried visa? what do you think of my options if (God forbid) we are not living together once I am on these visa?

[JA13I]

Vinny is always right!

[samela]

vinny, what you think of options given by "alejandrouk"?
is it possible to apply for pr after 5 years considering I am on psw (on student visa prior to that) and also what are my options if you dont mind. thank you

[vinny]

I assume that your partner is a qualified person.

You may apply for confirmation of your extended family member (durable relationship) status first, before your leave expires.

Your extended family member (durable relationship) status may start when you initially lived, or after two years of living, together and a relationship akin to marriage/civil partnership. I'm not sure which?

After 5 years, or possibly before, from the start of the durable relationship, apply for confirmation of PR.

[samela]

I assume that your partner is a qualified person.

ye she is polish and been in UK for 5 years

You may apply for confirmation of your extended family member (durable relationship) status first, before your leave expires.

is this the same as EEA family permit or is it something different?

Your extended family member (durable relationship) status may start when you initially lived, or after two years of living, together and a relationship akin to marriage/civil partnership. I'm not sure which?

where can i find this info?if it start when we first moved in together , then I only need to wait 1.5 years but if not another 5 years!! any suggetions?

Also one other question, if I go for EEA family visa for 5 years and we are not together by the end of the fifth year what happens? say we part our ways after 1 or 2 years (hope not) in to EEA visa, what are my options? by the fifth year can I apply for long residence PR visa? anybody ? hope i am not picking your brain thanks
_________________

[alejandrouk]

Hi

Qualified person is not the same as just living in the UK for 5 years, she needs to have been either working, Studying, Self employed, etc for the whole 5 years to be qualified (look at form EEA2) though, I assume she was working for all that time and the prove that you will need for this her P60's for the whole five year period plus some payslips, and the registration certificate.

The family permit is to be allow to come inside the UK normally they last 6 months so that once that you are inside you can make an EEA2 application (or not as is not compulsory).

I am not sure if you "have to" apply the EEA2 before your current visa expires as I understand it you are covered by the EU law automatically, though will be important to confirm this.

To confirm all this and to answer the other questions that you have (what happens if the relationships breaks down, etc) an expert lawyer might be required, or hopefully someone else in this forum will come forward to shed some light on this. If you do see a lawyer please let us know about their reasoning (ie. precedents or applicable immigration laws) specially on the point regarding from when the 5 year period start counting.

[samela]

Hi everyone

My partner is working fulltime for last 5 years in UK. can I apply for unmarried partners visa ? do my partner need to apply using EEA3 first to confirm her PR or can we both put the application together? Help will be much appretiated.

I found this page (see link below) while searching. it seems suggesting I can apply under immigration law for unmarried partners visa (see EUN1.8 and EUN1.11) but want to confirm with you guys. thank you

http://www.ukvisas.gov.uk/en/ecg/eunati ... anationals

[vinny]

I found this page (see link below) while searching. it seems suggesting I can apply under immigration law for unmarried partners visa (see EUN1.8 and EUN1.11) but want to confirm with you guys. thank you

If your partner has permanent residence, then you may switch.

[samela]

hi vinny, Thanks for reply, what you mean by "switch"? does that mean even if i apply under eea regulations (ie EEA family permit) once my partner have permenent residency I will be able to switch to Un married partners visa under UK immigration Law?

Does my partner is considered as present and settled or permenent resident now since she is living in UK for more than 5 years (EUN1.8 and EUN1.11)? or does she need to apply by EEA3? and when do the five year clock start ticking for EEA national (polish) is it when she start working in UK or when she registered with home office (worker registration)

Thank you very much and sorry for being a pain

[samela]

Anyone ??