non married partner of EU person question

Hi

I am an Australia currently in the UK on working holiday visa.
My girlfriend is here on an italian passort and I wish to apply for a non married partner visa.

we have been living together for 8 years.

I was a bit worried about a clause I read somewhere saying this was only applicable for those unable to legally marry. Is this no longer correct?

also which form is most appropriate for this applictaion type


thank you

Form EEA2 is the one to use. You need to show that you have had what the latest regulations, which came into force on 30.04.06, call a "durable relationship". Instructions to IND staff define that as a relationship that has lasted at least two years, so if the two of you have been together for 8 years, well go for it.

Click here to download the form EEA2.

But a further thought ... in what way is your partner exercising her EU Treaty Rights in the UK? Is she working? Or if not, what is she doing in the UK? And how long has she been living in the UK?

And whilst she is not obliged to do so, she can apply for a Residence Permit in her Italian passport. She would use form EEA1 to apply for that. Click here to download that.

The thought is that if both applications are submitted together you might get your Residence Card sooner than would otherwise be the case, if only because the evidence supplied with your partner's application will confirm that she is exercising her Treaty Rights.

yes she is working full time we have both been working here since febuary 2005

on the eea2 form there isnt much space for evidence of relationship
do you just submitthis seperately?

is it true that once I lodge my application I can conitnue working in the UK until it is approved or 28 days after it is rejected?

thanks

also how much does this cost

I read in someones post that it cost 500 pounds...they were UK and non eea though

where as i would be EU and non married non eea

The nice bit is the applications on the EEA series of forms are ..... free!
That is because EEA/EU legislation states that no member state can charge for applications made under community legislation.

Evidence of "durable relationship"? Yes do provide that to help the application. Basically proof that the two of you have lived at the same address as each other, for at least the last two years.

Ability to continue working? Not quite so clear. You have a valid WHV. That continues in force while the application on form EEA2 is considered. So if the WHV allows you to work, yes you can continue working. However ..... :-

It could be argued that under EEA/EU law you already have your Treaty Rights, and merely need a Residence Card stuck into your passport to prove it. As those Treaty Rights certainly allow you to work in the UK, the comment could be that you should indeed continue to work, but against a background of having problems in proving your ability to do so, if for example your existing employer, and certainly a new employer, asks you for proof of ability to work in the UK.

Are you simply hoping to continue in the same employment? Or is there the possibility you might want to change employers in the next few months?

continue in current position hopefully...most likely

good news about the free of charge bit

given this non married part has only been in operation since april
what is the general feel about peoples success rate using this option?

thanks

Success rate? I think that is directly proportional to the quality of the evidence the two of you have to show that you have indeed lived together in a "durable relationship" for at least two years. If your evidence clearly shows that to be the case then there is no reason why the application should fail.

But can the UK Government sustain its stance on the meaning of "durable relationship"? It is thought not. Remember that term stems not directly from the UK Government but from an EU Directive. Unfortunately the EU Directive did not elaborate on the meaning of "durable relationship" and all the UK Government has done is to utilise the same rules as already in place for an Unmarried Partner Visa under UK immigration law. It is thought that sooner or later the UK Government will have to back down from applying such a tough test as regards the definition of "durable relationship". After all it is perfectly possible to show that a relationship is "durable" well before two years living together, and even possible before a couple start living together. Expect cases to be appealed in the UK, and/or clarification coming out of ruling in the European Court of Justice.

In short Harper, if your evidence is good .... go for it!

yeah i will just bombard them with paperwork

thanks for the help

Does anybody know if this works in reverse ie cohabitating non eu partner with legal residence in uk moving to somewhere in EU?

Barbadianne wrote:Does anybody know if this works in reverse ie cohabitating non eu partner with legal residence in uk moving to somewhere in EU?

When you say "legal residence" do you mean Indefinite Leave to Remain (ILR)? If so, why not just get British citizenship and then no need to worry about visas elsewhere in Europe.

Do appreciate that if an ILR holder moves to another EU state, ILR can be lost. So if plans don't work out in the other country there may be nowhere to go but home.

well i sent my application off today
think i included evrything

so now i wait