Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Unmarried partner EU & non EEA overstay

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

Moderators: Casa, push, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe

Post Reply
Abanibi1
Newly Registered
Posts: 2
Joined: Sat Sep 21, 2019 12:17 pm

Unmarried partner EU & non EEA overstay

Post by Abanibi1 » Sat Sep 21, 2019 1:30 pm

Hello,
What would you advise in this case?:
Unmarried partner living together in UK more than 2 years.
- He is a non EEA man 29yo, came here almost 5 years ago without any permit or visa and stayed. No criminal records or any legal problems in or out uk apart from this.
- She is 30yo EU woman with EU settle status (ILR), no working atm, living with savings, and didn't ask for any kind of benefits ever.
They have been living together 2 years in Uk and have more than enough proofs from both (council tax, contracts, dps, bills, join bank account, separated bank account with same address...plus pics and texts...).
They would like to regularize his situation.
Apart from getting married, which other options do they have?
Can he apply for EU pre-settled status?
Can he apply for Residence Card?
He doesn't know very good what process needs to follow.
Thank you in advance.

free
Newly Registered
Posts: 8
Joined: Sat Jun 22, 2019 7:35 pm

Re: Unmarried partner EU & non EEA overstay

Post by free » Sat Sep 21, 2019 2:36 pm

You can apply for Residence Card but EU partner must be employed or self-employed and making contribution to NI.

iwolga
Member
Posts: 111
Joined: Mon Sep 02, 2019 7:34 am

Re: Unmarried partner EU & non EEA overstay

Post by iwolga » Sun Sep 22, 2019 7:37 am

free wrote:
Sat Sep 21, 2019 2:36 pm
You can apply for Residence Card but EU partner must be employed or self-employed and making contribution to NI.
I’m open to corrections, but I thought one needs 2 years of legal co-habitat to qualify as extended family member, whereas we are discussing an overstayer.

User avatar
CR001
Moderator
Posts: 64388
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Unmarried partner EU & non EEA overstay

Post by CR001 » Sun Sep 22, 2019 7:39 am

iwolga wrote:
Sun Sep 22, 2019 7:37 am
free wrote:
Sat Sep 21, 2019 2:36 pm
You can apply for Residence Card but EU partner must be employed or self-employed and making contribution to NI.
I’m open to corrections, but I thought one needs 2 years of legal co-habitat to qualify as extended family member, whereas we are discussing an overstayer.
You are confusing things.

For an unmarried partner you need rock solid 2 years evidence of cohabitation in a relationship akin to marriage.

Nowhere does it say anything about "legal", so not sure where you found that.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

kamoe
Diamond Member
Posts: 1008
Joined: Mon Sep 07, 2015 10:57 am

Re: Unmarried partner EU & non EEA overstay

Post by kamoe » Sun Sep 22, 2019 8:02 am

CR001 wrote:
Sun Sep 22, 2019 7:39 am
For an unmarried partner you need rock solid 2 years evidence of cohabitation in a relationship akin to marriage.

Nowhere does it say anything about "legal", so not sure where you found that.
How can one have 2 years of cohabitation akin to marriage (i.e. with joint financial commitments) if one of the partners is not legal?
Abanibi1 wrote:
Sat Sep 21, 2019 1:30 pm
They have been living together 2 years in Uk and have more than enough proofs from both (council tax, contracts, dps, bills, join bank account, separated bank account with same address...plus pics and texts...).
How did he manage to open a joint bank account without any visa or residence permit?
My posts express my personal opinion, formed with the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

Abanibi1
Newly Registered
Posts: 2
Joined: Sat Sep 21, 2019 12:17 pm

Re: Unmarried partner EU & non EEA overstay

Post by Abanibi1 » Sun Sep 22, 2019 9:39 am

Is it possible then to get pre settled status ( with her settled status linked) without residence card or permit? They thought to apply, if I didn't read wrong it says they may apply but then, after submitting application, he would need to go for an appointment to give the biometric info to ukvcas, and then ukvi would decide.
Would him have any problem if he get the appointment for ukvcas? And after?
---
For @free: any chance to apply to residence card and others without incomings?
For @cr001: Yes, they lived from Sep 17 to may19 in one house (they have statements separated and joined from Loot and Monzo from there plus contract from house), and then from may 19 up to now in other one (council tax, dps, contract, joined Monzo bank accounts etc).
- For @kamoe: He used always his passport for all the documents, so I don't know, he didn't do anything bad in this country during his stay.

kamoe
Diamond Member
Posts: 1008
Joined: Mon Sep 07, 2015 10:57 am

Re: Unmarried partner EU & non EEA overstay

Post by kamoe » Sun Sep 22, 2019 1:46 pm

Abanibi1 wrote:
Sun Sep 22, 2019 9:39 am
Is it possible then to get pre settled status ( with her settled status linked) without residence card or permit?
No. You cannot apply to the Settlement Scheme as an unmarried partner if you don't already have a EEA Residence Card. In other words, the Settlement Scheme is not open for first-time applicant unmarried partners, as explained here:
If you’re their unmarried (durable) partner
You must hold a relevant document issued to you under the EEA Regulations on the basis that you’re the durable partner of an EU citizen.
Now, regarding your other questions:
For @free: any chance to apply to residence card and others without incomings?
For @cr001: Yes, they lived from Sep 17 to may19 in one house (they have statements separated and joined from Loot and Monzo from there plus contract from house), and then from may 19 up to now in other one (council tax, dps, contract, joined Monzo bank accounts etc).
- For @kamoe: He used always his passport for all the documents, so I don't know, he didn't do anything bad in this country during his stay.
For some reason I was thinking that if you do not have a valid visa or residence permit, the opening of the bank account would be the biggest problem, but now that I think if it, and according to what you say, maybe it's not. The problem here is rather the renting and working, and accepting that this has been the case for two years. This puts him and others around him in a very tricky situation:

If he is included in the rent, then his landlord will be liable for a civil penalty for renting to a person without the right to rent. See page 15 of the short guide on right to rent here.

And if he has shared financial commitments, how has he been funding this? If he has engaged in work then his employer will be liable for a civil penalty of up to £20,000 for not conducting the appropriate checks of his right to work. See page 8 of the Employer's guide to right to work checks here.
My posts express my personal opinion, formed with the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

Haystacker2
Newly Registered
Posts: 4
Joined: Thu Jun 13, 2019 3:30 pm
Ghana

Re: Unmarried partner EU & non EEA overstay

Post by Haystacker2 » Sun Sep 22, 2019 8:39 pm

kamoe wrote:
Sun Sep 22, 2019 8:02 am
CR001 wrote:
Sun Sep 22, 2019 7:39 am
For an unmarried partner you need rock solid 2 years evidence of cohabitation in a relationship akin to marriage.

Nowhere does it say anything about "legal", so not sure where you found that.
How can one have 2 years of cohabitation akin to marriage (i.e. with joint financial commitments) if one of the partners is not legal?
Abanibi1 wrote:
Sat Sep 21, 2019 1:30 pm
They have been living together 2 years in Uk and have more than enough proofs from both (council tax, contracts, dps, bills, join bank account, separated bank account with same address...plus pics and texts...).
How did he manage to open a joint bank account without any visa or residence permit?
I was illegal when I applied as the unmarried partner of an EU citizen. I was granted residency and have since been granted pre-settled status.

Even though being illegal is an issue, every application is different. From what I gather, being in a genuine relationship, akin to marriage, for 2 years is far more important than ones illegal status

kamoe
Diamond Member
Posts: 1008
Joined: Mon Sep 07, 2015 10:57 am

Re: Unmarried partner EU & non EEA overstay

Post by kamoe » Mon Sep 23, 2019 9:10 am

Haystacker2 wrote:
Sun Sep 22, 2019 8:39 pm
I was illegal when I applied as the unmarried partner of an EU citizen. I was granted residency and have since been granted pre-settled status.

Even though being illegal is an issue, every application is different. From what I gather, being in a genuine relationship, akin to marriage, for 2 years is far more important than ones illegal status
Glad to year you were able to regularize your situation. I suppose yours is a useful reply for the OP.

I did not mean to imply unmarried applications for over stayers would be impossible or refused; I never said that. I simply highlighted the logical potential risk of knock on effects on other people.
My posts express my personal opinion, formed with the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

free
Newly Registered
Posts: 8
Joined: Sat Jun 22, 2019 7:35 pm

Re: Unmarried partner EU & non EEA overstay

Post by free » Mon Sep 23, 2019 1:28 pm

Section 5: Durable relationship (unmarried or same-sex
partner of the EEA national)
Proof that you’re in a durable relationship with the relevant EEA national
You should send at least 6 items of correspondence addressed to you and your partner at the
same address as evidence that you have been living together for at least two years, or since you
were last issued with a registration certificate or residence card in this category (if applicable).
The items of correspondence should be addressed to you jointly or in both your names. Examples
of acceptable items are listed below. The documents provided must be originals. Photocopies are
not acceptable.
The dates of the items of correspondence should be spread evenly over the whole 2 years. They
should be from at least 3 different sources. If you do not have enough items in your joint names,
you may also provide items addressed to each of you individually if they show the same address
for both of you.
For example – if you have 4 items of correspondence in joint names for the same address, you
would need to submit 2 items addressed to each partner at that address (8 items in total).
If you and your partner have no bills or correspondence in joint names, you will need to submit 12
items (6 each) of correspondence, showing that you live together at the same address.
If you and your partner lived with relatives or friends for some or all of the 2-year period, please
provide a letter from the relative(s) and/or friend(s) confirming this.
If you did not live together for any part of the 2-year period, tell us the reasons for this and whether
you stayed in contact with each other during this time, and provide any relevant supporting
evidence.
Please give an explanation on a separate sheet if you cannot provide at least 6 items; if the items
are not addressed to both of you; or if they do not cover the 2-year period.
Suitable evidence includes (but is not limited to):
EEA(EFM): guidance notes – v2.0 - December 2015 Page 5 of 16
 Letters or other documents from government departments or agencies, for example HM
Revenue and Customs, Department for Work and Pensions, DVLA, TV Licensing
 Letters or other documents from your GP, a hospital or other local health service about medical
treatments, appointments, home visits or other medical matters
 Bank statements/letters
 Building society savings books/letters
 Council tax bills or statements
 Electricity and/or gas bills or statements
 Water rates bills or statements
 Mortgage statements/agreement
 Tenancy agreement(s)
 Telephone bills or statements
 Photographs of you and your sponsor together – for example, on holiday or at a family
celebration
 Evidence of how you have kept in contact with each other during periods in which you have not
lived together – for example, letters, printouts of emails or contact via social media, mobile
phone bills showing you have contacted each other, printouts of Skype (or similar) logs, etc
 Any other relevant evidence.

Section 13: Sponsor is self-sufficient
Proof of your sponsor’s financial resources
One or more of the following:
 Itemised bank statements covering at least the last 3 months
 Building society pass book
 Evidence of receipt of a pension
 Evidence of income from rental property
 Wage slips from lawful employment
 Evidence of income from lawful self-employment
 Any other relevant evidence of the financial resources available to your sponsor.
The documents must be in your sponsor’s name, or in the name of a person who is financially
supporting them. If a relative, friend or other person (including you) is financially supporting them,
you must enclose a signed and dated letter from that person confirming that they are supporting
your sponsor and for how long, together with evidence of their financial resources (as above).
Proof of comprehensive sickness insurance
One of the following:
 If your sponsor has private medical insurance, enclose a schedule or other document from the
insurance provider outlining the level of cover – this must cover you, your sponsor (and any
family members in the UK, if applicable) for the majority of risks while in the UK
 Valid European Health Insurance Card (EHIC) (formerly form E111) issued by an EEA Member
State (other than the UK), together with a statement confirming that your sponsor does not
intend to live permanently in the UK (the statement is not required if your sponsor already has
a permanent right of residence in the UK.)
 Form S1 (formerly form E106, E109, or E121)
 Form S2 (formerly form E112)
 Form S3.
Note: the definition of comprehensive sickness insurance does not include cash-back health
schemes, travel insurance policies, or access to the UK’s National Health Service (NHS)

Post Reply
cron