EEA EFM residence card - unmarried partner

Hi hopefully someone can assist.

My partner and I who are unmarried are currently working and living in the UK. We both came to the UK on tier 5 visas as are both from NZ and have NZ passports. While in the UK my partner got an EU passport via a grandparent and has since also applied and been approved for presettlement scheme.

I have since applied for the pre-settled status as a durable partner ( we have been together over 4 years and lived together for most of this time). I have recieved my COA and completed my biometrics. I was then advised that a case worker would be in touch. I recieved a brief call one day asking we my partner and I were married, I advised that we weren't and the case worker said that's all they needed to know and would be in touch. Since then I have had no contact so I have called and they now have advised me I need to apply for an EEA extended family Visa to prove I am a durable partner.

Is anyone able to confirm if they have had a similar experience or if this is the normal process?

We have since started to collect all of the required info for the EEA extended family Visa and called the contact centre to ask about how long they would need to retain our documents. They advised initially that once the application has been confirmed I could use the online portal to request my passport back. I called again to confirm but have since been told that I would need to wait up to 2 months from applying or 30 days after applying before I could request my passport back.

Could anyone confirm how long after submitting my application for my EEA extended family residence card I could expect to receive my passport back. The timeline thread looks as though its currently taking 3 months for applications to be processed or approved. But am I able to have my passport back while my application is processed similar to my pre-settled application?

Thanks in advance.

Yes, you can request your passport back but not earlier than 10 or 14 days after your application. This is the link that you can use: https://www.gov.uk/visa-documents-returned

While you can request your passport back, it is still not quite clear if you can travel while making this application. As this is within EU rules, seems like you can, but at the same time government website gives you all sorts of warnings when you are trying to get the passport of the applicant back.

Not that you were asking for this part, but the suggestion to apply for EEA card seems to be correct: you can’t apply as an extended family member for EUSS unless you already have the EEA card. I guess they are preparing for a long awaited by some people day, when the whole European migration will be limited.

Was any of your grandparents born in the UK (as currently constituted)? You may want to consider an Ancestry visa, whose requirements are more straight-forward.

Hi all

Hoping I could get some guidance on my situation and I have two questions.

I submitted an EEA EFM residence card application on the 6th of April and have recieved confirmation my application was recieved and they have also returned my partner and my passports. From what I understand applications are delayed currently and biometrics arent being completed. I still havent been charged yet and I thought this was odd so have called the help team who said this wasnt unusual.

A friend of mine has also applied about 4 weeks after me and has already been charged and now issued a letter advising them to have their biometrics completed but has not been sent their passports and other I'd.

I'm a little confused why we havent had a similar experience and if this is normal. We are both from New Zealand. My partner is a dual latvian citizen but my friends partner is Irish (not sure if that has any effect).

I'm currently living and working in the UK with my partner (we have been together for 4 years and living together the entire time, 2 years in New Zealand and now almost 2 years in the UK). I came to the UK on a tier 5 youth mobility visa and this expires at the end of August.

Do you know if I need to leave the country or stop working if my residence card isnt approved before my visa expires or can I continue to act as normal while the application is in process?

Thanks

BlueDk wrote: ↑

Sat May 23, 2020 12:46 pm

Do you know if I need to leave the country or stop working if my residence card isnt approved before my visa expires

Yes, you need to stop working and leave the UK if your application is not approved before the expiry of the T5 youth mobility visa.

BlueDk wrote: ↑

Sat May 23, 2020 12:46 pm

can I continue to act as normal while the application is in process?

No.

Thanks for the above reply. Do you think I should try apply for a family permit in the meantime ? I was hoping that I would have my residence card back before my visa expires as that would be 5 months.

Do I have any other options ?

Do you also think I should contact HMRC and ask why I havent been charged yet or recieved my biometrics letter yet. I can see that they are sending them out again from the timeline thread to people who applied a month after me. I'm a little worried something is wrong with my application.

Topics merged.

BlueDk wrote: ↑

Sat May 23, 2020 2:41 pm

Do you also think I should contact HMRC and ask why I havent been charged yet or recieved my biometrics letter yet. I can see that they are sending them out again from the timeline thread to people who applied a month after me. I'm a little worried something is wrong with my application.

It does seem strange that you haven't yet been charged or received a biometrics letter. I would definitely try contacting them and pushing for this to be resolved/looked at again.

Contacted HMRC again regarding my application and had quite an interesting phone call.

I advised that my application was with them since early April but I hadn't been charged yet and they said that the had received guidance that applications could currently take 8-10 weeks to be charged currently.

I mentioned that i had seen instances online and via a friend who had sent applications after mine and that they had already been charged and received their biometrics letter. The HMRC representative told me that he had no idea why my application hadn't been processed yet and I just had to wait. But did say I could try write a letter to them and send it to the same address as I sent my application and ask if they could look into my application.

Does anyone know if this is sensible advice? I would be happy to write a letter if it could speed up the process. Is there a specific email or address that is best to send to?

In the interim I have also contacted and made an appointment with an immigration lawyer to discuss my options as I dont know what else to do at this point.

BlueDk wrote: ↑

Wed Jun 03, 2020 7:39 am

Contacted HMRC again

Presumably you mean the Home Office and not the HMRC.

Keep in mind that the Home Office contact centre is outsourced and not manned by Home Office employees. It is possible to call again, get a different agent and get completely different advice. On these forums, we advise against taking their advice too seriously.

Have spoken to an immigration advisor regarding my situation.

They have advised me that as I'm already in the UK and have applied for a new visa type, I should retain my existing leave to remain rights until I have recieved a decision regarding my application (provided my application is legitimate).

This seems to contradict your comments above, are you able to explain why the advisor I spoke to was wrong?

But you haven't applied for a new visa under the UK immigration rules, which would permit you to stay and retain existing visa conditions under section 3c of the immigration rules.

You have applied for a residence card under the EU rules as an extended family member. You have no rights in the UK once your visa expires and you are still waiting for a EFM residence card to be granted. It would be different if you were married.

eea-route-applications/official-section ... l#p1383365

Thank you very much for your response, I agree I have been trying to find something online that backs up the immigration adviser's advice and I need to respond to them and confirm that the advice they have provided me is acceptable (which currently I don't think it is).

Section 3c of the immigration rules clearly states that EEA residence card applications are not covered as they are not a form of visa.

From what I gather I also do not automatically receive the benefits of the EU freedom of movement within the UK as I am a durable partner which is not classified as a close family member, until I receive the BRP card?

It also appears that some current policies are being relaxed due to CV and some visas including my current tier 5 have been extended ( currently doesnt effect me as mine expires at the end of August). It states that if I am switching to a "long-term UK visa" the terms of my leave will remain the same until my application is decided. But does this also not include the EEA route?

Is anyone aware if the Covid 19 measures would include my situation ?

My partner and I are also considering getting married if necessary (its something we plan to do eventually anyway). Would I immediately recieve the right to work in the UK if we got married under the EU freedom of movement? I assume I would but will need to apply for the pre-settled scheme to retain the right after the 30/06/2021.

Below is a summary of the advice I have been provided, I need to respond with some questions, do you think I should ask for some confirmation or legislation to back up the advice?

• I advised you that because you have applied for a residence card prior to your leave
expiring, you are lawfully in the UK.
• You must remain in the UK until a decision is made on your case.
• It is important for you to note that as an extended family member of an EEA national
your application for a residence card is for the purpose of evidencing your right as the
extended family member of an EEA national.
• The Citizens Directive of 2004 (Directive 2004/38/EC) provides for the right of citizens
of the European Union and the family members to move and reside freely within the
territory of the member states.

• I advised that if you and your partner get married, you can make an application for pre-
settled status online under the EU settlement scheme. If you submit an application

online and you succeed, you will be granted leave to remain for 5 years just as you will
be granted 5 years leave if your current application is successful.
• You are permitted to continue working.
• I advised that your employer can use the employer checking service to confirm your
right to work. See link below
• https://www.gov.uk/employee-immigration ... ent-status
• The employer checking service should take into account the leave you had when you
submitted your current application, the date you submitted your current application
and the type of application you have submitted.
• You are unlikely to get anything on the Home Office website which explicitly states
that you have a right to remain.
• I advised that if you do leave the UK prior to a decision being taken on your application,
it means you have withdrawn your application. This is confirmed under paragraph 34K
of the immigration rules.

From what I gather I also do not automatically receive the benefits of the EU freedom of movement within the UK as I am a durable partner which is not classified as a close family member, until I receive the BRP card?

Correct. An unmarried partner has no automatic rights in the same way a married non EU citizen spouse of an EU citizen would.

It also appears that some current policies are being relaxed due to CV and some visas including my current tier 5 have been extended ( currently doesnt effect me as mine expires at the end of August). It states that if I am switching to a "long-term UK visa" the terms of my leave will remain the same until my application is decided. But does this also not include the EEA route?

You are not switching to a long term (i.e tier 2 or FLR(M) spouse visa) under the UK immigration rules. There are no restrictions on flying to NZ at this stage either. This also applies to those who have had their visas expired or expiring soon, which have been extended to 31st July. It also applies to those who are unable to travel due to home country borders being closed and flight restrictions. This is not the case for you or NZ.

Is anyone aware if the Covid 19 measures would include my situation ?

It doesn't apply to you.

Below is a summary of the advice I have been provided, I need to respond with some questions, do you think I should ask for some confirmation or legislation to back up the advice?

• I advised you that because you have applied for a residence card prior to your leave expiring, you are lawfully in the UK. You are lawful until your Tier 5 expires. Then you are not. Section 3C does not apply to you.
• You must remain in the UK until a decision is made on your case. Once your Tier 5 expires, you will be an overstayer if your RC has not been granted by that time. This will have implications for future applications you make, such as British citizenship.
• It is important for you to note that as an extended family member of an EEA national your application for a residence card is for the purpose of evidencing your right as the extended family member of an EEA national.
• The Citizens Directive of 2004 (Directive 2004/38/EC) provides for the right of citizens of the European Union and the family members to move and reside freely within the territory of the member states.
• I advised that if you and your partner get married, you can make an application for pre-settled status online under the EU settlement scheme. If you submit an application online and you succeed, you will be granted leave to remain for 5 years just as you will
be granted 5 years leave if your current application is successful. It is not 'leave to remain', which is a UK immigration visa/term. It will be Pre-Settled Status granted under Appendix EU.
• You are permitted to continue working. Not once your Tier 5 expires.
• I advised that your employer can use the employer checking service to confirm your right to work. See link below
• https://www.gov.uk/employee-immigration ... ent-status
• The employer checking service should take into account the leave you had when you submitted your current application, the date you submitted your current application and the type of application you have submitted.
• You are unlikely to get anything on the Home Office website which explicitly states that you have a right to remain. Page 6 in the Section 3C official UKVI document, states this clearly. Here (click to read the official UKVI document)
• I advised that if you do leave the UK prior to a decision being taken on your application, it means you have withdrawn your application. This is confirmed under paragraph 34K of the immigration rules. This doesn't apply to Residence Card applications. It applies to UK immigration/visa applications.

Hi

Thank you again for all of your help.. I wish I just stuck with this forum as opposed to paying for a "Advisor".

They really just told me what I wanted to hear but I really need to get to the bottom of the situation.

Sorry to keep asking questions, but just want to be clear. If my partner and I go married would I automatically gain the right to work and live in the UK? It would be some comfort to know that we have this in our back pocket just in case, though its not exactly the situation we wanted to get married.

Going to go back to the Lawyer/Advisor with some of your points and I will see what they come back with, but I you do appear to sadly have the facts on your side!

Just a bit of a side note. what is a COA with work? is it effectively them confirming my application and right to work and would the home office issue me one of these in advance of my BRP card?

If my partner and I go married would I automatically gain the right to work and live in the UK? It would be some comfort to know that we have this in our back pocket just in case, though its not exactly the situation we wanted to get married.

Yes, a married non EU spouse of an EU citizen derives rights automatically as you would be a direct family member.

Just a bit of a side note. what is a COA with work? is it effectively them confirming my application and right to work and would the home office issue me one of these in advance of my BRP card?

COA is the certificate of application. Basically an acknowledgement of the application. As an unmarried partner, you would likely not get the right to work phrase on your COA.

Sorry to keep asking questions, but just want to be clear. If my partner and I go married would I automatically gain the right to work and live in the UK? It would be some comfort to know that we have this in our back pocket just in case, though its not exactly the situation we wanted to get married.

Yes, married partners get it easier with immigration. This is no surprise really. It's a universal rule when it comes to immigration. Actually in many countries, possibly in most, unmarried partners cannot claim anything.

Hi all,

This is the latest reply from my "immigration lawyer"

"Good evening

No the points are based on EU LAW and Directive. Section 3C applies to applications under the immigration rules.

The UK recognises those living together who are not married as un-married partners. Under EU law/directive there is no requirement that partners should be living together for at least 2 years.

The residence card is confirmation of a right you already possess. The fact is that the UK government must agree and confirm that you have that right by issuing a residence card.

Kind Regards"

This now just looks completely wrong to me from what I can find online. I've read the home office documents for freedom of movement rights for extended family Visa and it says on page 9 that extended family do not have automatic rights. So I do not know what the lawyer is saying. They told me not to tell my employer, so now I think they believe that I could just get away with staying and working until my card arrives which I dont agree with at all.

Gf and I are looking at getting married or civil partnership now that this is possible again post covid. I know this is the wrong forum but does anyone know if I might be eligible for a partner visa which then would give me protection under section 3c ? My partner is EU and has pre-settled status.

I know this is the wrong forum but does anyone know if I might be eligible for a partner visa which then would give me protection under section 3c ? My partner is EU and has pre-settled status.

An unmarried partner visa (FLR M form) doesn't apply to you if your spouse is an EU citizen. You have to be the partner if a British citizen or someone who is settled, ie holds indefinite leave to remain.

Note also that to marry in the UK, you have to give 28 days notice at an approved registry office. They inform HO and this notice period could be extended to 70 days for HO to investigate and/or interview both of you separately, before HO will give you permission to marry.

Which country is your EU partner from? Can you get married in their country (or at their consulate/embassy)?

My Partner is a dual citizen we are both from nz originally but she has a grandfather who was from Latvia so she also has a latvian passport but cant speak/read latvian.

Lawyer replied again today and said

Dear *****



An employer check will confirm whether the home office will allow you to work.



You may not have automatic rights according to the guidance (which is policy guidance and not necessarily an accurate reflection of how the law should be interpreted). Once you make the application you are lawfully here and I have had clients who have been allowed to work."

What would happen if I follow the above advice? In the event that it's wrong I expect I would have to defend the fact that we are in a real relationship but could be considered an overstayer?

I appreciate that directive states that spouses get automatic rights and extended family member get no automatic rights but does that necessarily mean I have no rights?

I have emailed the home office again today and also emailed the corronavirus immigration help team last week. Might also be able to speak to my employer about sponsoring but they will need to get a license which looks like it will take time as well.. just seems like I'm between a rock and a hard place.

CR001 wrote: ↑

Wed Jun 17, 2020 6:47 am

But you haven't applied for a new visa under the UK immigration rules, which would permit you to stay and retain existing visa conditions under section 3c of the immigration rules.

You have applied for a residence card under the EU rules as an extended family member. You have no rights in the UK once your visa expires and you are still waiting for a EFM residence card to be granted. It would be different if you were married.

https://www.immigrationboards.com/eea-r ... l#p1383365

I know it is not my post but can you please advise me on which one I should apply? I have 2.5 leave to remain (family law) I am married to Polish citizen and our son is British passport holder. My wife already got her Settlement status. Should I apply for under EU law as a direct family member Eea or for a settlement status/pre-settlement? Thank you

Hi ,

Unfortunately had some bad news today. The Home office has returned my application stating they were unable to process the payment. They have not returned the payment form so I am unable to confirm if any details were incorrect but I double checked these when I sent the document as I have read how important this point is, and I believe it is possible it just got caught in the mess of lock down.

My Partner and I had decided last week to get married and are giving notice this Friday with our ceremony now booked for the 19th of September. We have discussed this with a Lawyer who has said that the home office will be advised and they may decline our right to get married if they believe it is a sham wedding which we are confident we can answer any questions sufficiently in truth we were planning to get married next year but this situation and Covid has made the possibility of flying back to NZ to get married more difficult and we also wouldnt be able to have a large reception with all of our family and friends so a small ceremony now will do the trick until restrictions relax in future.

As per my previous posts my current visa (tier 5 youth mobility) expires on the 28th of August. I currently have a flight booked to Italy for a holiday and was planning to return and re-enter the UK on a tourist visa (NZ passports can stay for upto 6 months).

Appreciate this is now a questions outside of the EEA route but want to know if anyone could comment on the following:

- Does the UK have to let me in as a durable partner of an EEA (noting that we would also get married in a few week in the UK) or could they bar my re-entry. I plan to just go through the E-gate at the airport so may not even speak to immigration. Assuming they could deny my entry and ask me to leave and apply for a EEA family permit.

- Once we are married in the UK I believe I will automatically have the right to live/work in the UK under the EU directive. At that point should I just immediately apply for pre-settled or should I apply for the EEA FM residence card first?

As per my previous posts my current visa (tier 5 youth mobility) expires on the 28th of August. I currently have a flight booked to Italy for a holiday and was planning to return and re-enter the UK on a tourist visa (NZ passports can stay for upto 6 months).

You risk being denied entry to the UK when you return.

- Does the UK have to let me in as a durable partner of an EEA (noting that we would also get married in a few week in the UK) or could they bar my re-entry. I plan to just go through the E-gate at the airport so may not even speak to immigration. Assuming they could deny my entry and ask me to leave and apply for a EEA family permit.

They don't have to let you in as a durable partner as you have no automatic rights under the EEA rules if you are not married.

- Once we are married in the UK I believe I will automatically have the right to live/work in the UK under the EU directive. At that point should I just immediately apply for pre-settled or should I apply for the EEA FM residence card first?

You cannot usually get married in the UK on a standard visitor visa.