EEA permit, how will i get on? overstayer

Hello i'm a New Zealander and my partner is swiss. My partner lives in the u.k and has done for 8 years, we have been together just on two years now and want to apply for a EEA family permit.
We lived together for 5 months then i went home to nz, then she came to nz for a month. Then i went back to the u.k but they only gave me a 3 month visa, so i overstayed for an extra 5 months in the u.k. Then she travelled back to nz again for a month. I left the u.k 1st oct 09. I have also been refused entry once a few years ago. Because i have overstayed will this be a problem? And our patchy living past? is it enough. My partner owns her own place and is self employed also. i cant live with my inlaws for ever!!!!

swisskiwi wrote:Hello i'm a New Zealander and my partner is swiss. My partner lives in the u.k and has done for 8 years, we have been together just on two years now and want to apply for a EEA family permit.
We lived together for 5 months then i went home to nz, then she came to nz for a month. Then i went back to the u.k but they only gave me a 3 month visa, so i overstayed for an extra 5 months in the u.k. Then she travelled back to nz again for a month. I left the u.k 1st oct 09. I have also been refused entry once a few years ago. Because i have overstayed will this be a problem? And our patchy living past? is it enough. My partner owns her own place and is self employed also. i cant live with my inlaws for ever!!!!

Hi there, not sure about the overstay, but it doesn’t sound like you qualify for the EEA FP. If you’re applying as the ‘unmarried partner’ of an EEA national, you must have been living together for 2 years – this rule is strictly enforced and you have to provide tenancy agreements, bank statements and utility bills etc to prove this. There is some scope for gaps in living together but they have to be well documented and with good reason such as work or an ill family member. Have you considered the points based system for visas?

WellingtonKiwi wrote:

swisskiwi wrote:Hello i'm a New Zealander and my partner is swiss. My partner lives in the u.k and has done for 8 years, we have been together just on two years now and want to apply for a EEA family permit.
We lived together for 5 months then i went home to nz, then she came to nz for a month. Then i went back to the u.k but they only gave me a 3 month visa, so i overstayed for an extra 5 months in the u.k. Then she travelled back to nz again for a month. I left the u.k 1st oct 09. I have also been refused entry once a few years ago. Because i have overstayed will this be a problem? And our patchy living past? is it enough. My partner owns her own place and is self employed also. i cant live with my inlaws for ever!!!!

Hi there, not sure about the overstay, but it doesn’t sound like you qualify for the EEA FP. If you’re applying as the ‘unmarried partner’ of an EEA national, you must have been living together for 2 years – this rule is strictly enforced and you have to provide tenancy agreements, bank statements and utility bills etc to prove this.

This is an assessment under UK immigrations rules. I suspect that an adverse immigration history (overstay, refusal of entrance clearance) would have an impact on the final decision too.

Thanks, the times i have left the u.k have been for work commitments in n.z, not sure if i can make a good enough case about it though. We do have utility bills but they only date back to june 09, but we have other bills as we built a cottage out the back and have purchased a lot of building materials under my name.
The points based system doesn't work in my favour.

I'm going to get a lawyer on the case. Do you think this would help me greatly or just be a wast of time. I have actually been here in n.z waiting for my father to get his hip operation, he just had it done on the 12th april, i can prove this easily.

swisskiwi wrote:I'm going to get a lawyer on the case. Do you think this would help me greatly or just be a wast of time. I have actually been here in n.z waiting for my father to get his hip operation, he just had it done on the 12th april, i can prove this easily.

why don't you save your self from these headaches and then let your partner come to New Zealand so that you can marry?

that will be your best option for now!

swisskiwi wrote:I'm going to get a lawyer on the case. Do you think this would help me greatly or just be a wast of time. I have actually been here in n.z waiting for my father to get his hip operation, he just had it done on the 12th april, i can prove this easily.

To be honest I’m not sure if a lawyer could help you. An expert may be able to advise otherwise, but it seems like you don’t qualify – even if you have valid reasons for the time you’ve been apart, you have to have proof that you started living together at least 2 years ago. As suggested, getting married and applying for a spouse visa might be your only way...

Here's a thought from right out of left field...

do you have any Irish-born grandparents or British ancestry? Or do you have any claim to any other EEA citizenship? Perhaps you could claim citizenship of an EEA country, which would enable you to travel to the UK and stay there without regard to your previous immigration history?

WellingtonKiwi wrote: To be honest I’m not sure if a lawyer could help you. An expert may be able to advise otherwise, but it seems like you don’t qualify – even if you have valid reasons for the time you’ve been apart, you have to have proof that you started living together at least 2 years ago. As suggested, getting married and applying for a spouse visa might be your only way...

Surely if they get married then they will qualify for a Family Permit? The history of broken cohabitation only counts against them if they want to apply for FP as unmarried partners.

Thanks for all the replys everyone. The lawyer has said that i should travel to the uk with my partner with all the evidence of living together and doctor certs for my reason for being away so long and give it a go. He also said a two year relationship is not totally nessacary and i should of applied last year before i left the uk and was still living with my partner?

swisskiwi wrote:Thanks for all the replys everyone. The lawyer has said that i should travel to the uk with my partner with all the evidence of living together and doctor certs for my reason for being away so long and give it a go. He also said a two year relationship is not totally nessacary and i should of applied last year before i left the uk and was still living with my partner?

Dont listen to your lawyer! he only wants your money that is why.

if i were you, i would save the costly plane ticket towards my marriage. you would definitely not be allowed in!

I am also sceptical that your plan would work out that simply. Since unmarried couples basically have to go through UK immigration rules first you probably better ask in the 'Immigration for family members' subforum for details. Many people here appear to read the fora rather selectively.

Well i made it in, EEA treaty looked after me real well. It was just a matter of knowing my rights, 5 mins max!!