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Unmarried to EEA national that has obtained PR under EEA3

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

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alejandrouk
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Posts: 33
Joined: Thu Oct 21, 2010 4:03 pm

Unmarried to EEA national that has obtained PR under EEA3

Post by alejandrouk » Thu Oct 21, 2010 5:50 pm

Hi,


Some of these suggested paths require a mix and match between the EEA and UK law they are not obvious and fall in a gray area, specially as we are unmarried partners, thus the text is lengthy as it contains detailed information. I hope any people with experience here might be able to advise.

I arrived to the UK in November 2001 and have been in the UK under a variety of Student visas then in 2006 I started to live with my unmarried partner from an EEA state, so in brief:

I have been living with an EEA national for 4 years as an unmarried couple.

After the first two years of living together I applied for EEA2, the HO was sending the letters to the neighbors house by mistake and discontinued my application as they did not receive a reply on time.

I continued my stayed in the UK as I was still living with my EEA partner (Obtaining the EEA2 is just to confirm my rights but not necessary to remain legally in the UK so I did not reapply for it).

Eight months ago I went to my country of origin applied for a Family Permit at the UK Embassy in order to come back to the UK and not having trouble explaining that I hold the right to come in the UK as an extended family member of an EEA citizen exercising rights in the UK.

I was given a 6 months EEA Family permit which is about to expire in one month.

My EEA partner obtained confirmation of permanent residence as has been living in the UK exercising treaty rights for the 5 year period required using form EEA3.

I have a few ideas on the way to proceed for me, but I need confirmation on what is the best and correct path.

Path No 1.

Given that my partner obtained the Permanent Residence confirmation then I can apply under UK law under SET(M), As the requirements states that:

"# Currently have temporary permission to remain in the UK as the husband, wife, civil partner or unmarried/same-sex partner of a British citizen or a person settled here;"

(I currently have permission to remain in the UK under EEA law but also by the time I send my application my unmarried partner will have obtained the settled status under EEA3)

"# have lived here for 2 years in this category; and"

(I have been living for 4 years with my partner)

"# are still planning to live together (and are still married or in a civil partnership, if applicable)."

(We still plan to live together as Unmarried couple)


Path 2.

Apply for switch to FLR(M), then after two more years apply for SET(M).
(The question here is to confirm if I can apply for FLR(M) from inside the UK as I currently have a EEA family permit or do I need to summit my application from overseas?)


Path 3.

Perhaps I could use any other applications where I could be registered as the dependent of my settled unmarried partner. (suggestions welcome)

Path 4.

Wait until I complete 5 years living with my unmarried partner (next year) and then apply directly ILR as I would have by then being living for more 5 years with my EEA partner.

Quote:
"If you are a European Economic Area (EEA) national or a Swiss national or the family member of such a person, you will automatically have permanent residence status if you have exercised EEA free-movement rights in the United Kingdom for a continuous five-year period ending on or after 30 April 2006. You do not have to apply for leave to remain."

This part is not clear. On the rules to apply for EEA2 they ask prove that we have been living together for at least 2 years as unmarried couple then after 5 years of living together apply for ILR.

The question here is if the five years period starts counting from the time that we start living together or after the first two years of living together??.



Any other plan of action that will minimize the waiting time will be very welcome.

I have not problem going abroad to summit my application, however I would prefer to apply from inside the UK if possible, as all these applications tend to take a while.

My partner and I have passed the life in the UK test already (in case that it might be useful).


In advance thank you very much for your time and advice.

vinny
Moderator
Posts: 29265
Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Fri Oct 22, 2010 10:10 pm

Path 1. No. (295G(i) not satisfied)
Path 2. Switching in the UK is not possible as 295D(i) is not satisfied. You may apply for an unmarried partners visa from overseas. However, there's not much point in that if you have already spent a considerable time in the UK under the EEA regulations.
Path 4. I'm not clear on when the durable relationship begins.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

alejandrouk
Newbie
Posts: 33
Joined: Thu Oct 21, 2010 4:03 pm

Post by alejandrouk » Sat Oct 23, 2010 1:04 pm

Thank you for replying :)

The switch to the FLRM (Now thanks to Vinny I know has to be done from abroad, I guess that first I will have to obtain a Family permit to come in the UK under UK law, then once back inside apply for FLRM, right?) will be merely
to satisfy exactly article 295Gi, I expand my logic below:

295Gi requires me to be admitted to the UK for a period not exceeding 27 months or given an extension of stay for a period of 2 years (however it does not mention that I am required to complete the 27 months or 2 year period under this permit).

The second part of 295Gia Does say that I have to have completed a period of 2 years as the unmarried partner of a person present and settled here.
(Again, no mention that I have to complete the 2 year period under any specific visa, therefore I am assuming that I have covered this point as I have completed more than the two year period, though it has been under the EU law).

Am I right or just over stretching the interpretation?

I know I could wait one more year to apply for EEA4 but as no one seems to know when the 5 year period starts counting for unmarried partners, I might ending up waiting for three more years, plus, it seems that getting the EEA4 through takes an average of 8 to 12 months for this same reason I didn't reapply to get the EEA2 RC. So, if there is a way to get ILR faster I am willing to fork the money for the FLRM and SETM but first I need to know if my chances are good following this route.

Any thoughts?

alejandrouk
Newbie
Posts: 33
Joined: Thu Oct 21, 2010 4:03 pm

Post by alejandrouk » Wed Oct 27, 2010 2:43 am

Another Question that might be relevant to the original post:

If my unmarried partner obtains British Citizenship, AND;
I can prove that we have being living together in a relationship akin to marriage for 4 years in the UK, AND;
I also satisfy the required 5 years of residential period within the allowed absences.

Can I apply for Naturalization as soon as I obtain PR? (Without having to wait for 12 extra months) Or this rule only apply for married to a British Citizen?

vinny
Moderator
Posts: 29265
Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Wed Oct 27, 2010 9:56 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

alejandrouk
Newbie
Posts: 33
Joined: Thu Oct 21, 2010 4:03 pm

Post by alejandrouk » Thu Oct 28, 2010 12:20 pm

Than you Vinny,

I have come up with a new path, that is depending on the answer to the question that I made here in another thread: Can I count two separate unmarried relationships for EE4?
((I don't know how to make this a link to another thread in this forum))

As going through the FLRM-SETM route is going to be the most expensive and requires me to leave the country plus no one has confirmed that this will even work.

If the answer to that question is that I can, then I will apply directly for Naturalization together with my current unmarried EEA partner, as I have been in two unmarried relationships with EEA nationals each lasting for 4 years.

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