Advice sought: Unmarried partner applying for EEA2 permit

[embassyinternational]

Hi all,

I haven't been able to find info online about this so I thought I'd try to post the question:

I am a Canadian who is in the UK on an EEA1 permit that expires in mid-December. My partner is a German national working here full time. I am here on an unmarried partner permit which means (if I understand correctly) that an EEA2 residence card is not optional for me to stay any longer.

I have a couple of questions about applying as an unmarried partner for the residency status under EEA2:

1. My partner and I have lived together since May 2013, initially in Canada. However, there was a period of several months within that where she was living here in the UK while I was in the process of applying for the EEA1 permit from Canada. Clearly if we had been able to move together we would have but we were delayed by that process. Is this likely to count against our "sustained relationship" status?

2. Is it permitted for us to get married in the UK while I am here on an EEA1 permit? if so, would I still need to apply as an unmarried partner, or could I somehow update my status to married partner and not have to bother with the residence card process? I am self-employed so from an employment perspective having the card isn't really an issue for me.


Thanks for any advice on these questions!

[Casa]

You can apply to extend your permit as an 'extended family member'.
https://www.gov.uk/family-permit/eligibility

If you decide to marry in the UK you will have to give notice at a Home Office designated Registry Office. As the marriage will be between foreign nationals the Registrar is legally bound to notify the Home Office and the notification period may be extended from 28 to 70 days. This is will enable the Home Office to interview you both before the wedding can take place, if they choose to do so.

Regarding your time apart - up to a period of 6 months is permitted if for genuine reasons...such as work commitments etc.

[embassyinternational]

Thanks for the reply. Yes had intended to apply as EFM, and just trying to confirm that we won't be rejected because we lived apart for several months.

Regarding your time apart - up to a period of 6 months is permitted if for genuine reasons...such as work commitments etc.

this is good to know. Thanks!