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Based on the information you provide above, your understanding is correct, and you are eligible to appy for a EFM RC as unmarried partner.japplic wrote: ↑Sun Mar 03, 2019 3:06 pmI'm the non-EEA unmarried partner of an EEA national (she has a Document Certifying Permanent Residence). I am on a Tier-4 visa (for a PhD) that expires on 30/04/2019. We have been living together in the UK for almost 3.5 years.
I understand I can apply to get a Residence Card (EEA (EFM))
The 6-month mark is the legal maximum the HO has to issue a decision. This does not mean applications take that long. Check the latest timelines regarding Residence Cards. Seems like current timelines are much faster than they used to be a few years ago (check thread here), and it is possible to get a RC within a month or so. This is however not the case 100% of the time.but this will probably mean that I will be an overstayer even if I get the RC since the application takes up to 6 months and I only have two months left in my tier 4.
Correct. Until you receive your Residence Card, you will not be able to demonstrate your right to work, as you are unmarried.I have also read that I will probably won't be able to work since we are not married.
1) Did I understand correctly that I won't be able to work?
Correct. Because the EEA route is NOT a "visa" that is part of the immigration rules, the fact of simply having applied does not give you the right to stay (as I believe it would be the case if you were extending your Tier 4 visa). The EEA route is a confirmation of rights, and in the case of unmarried partners, this only takes effect on the day the RC is issued.2) Did I understand correctly that I would be an overstayer from 30/04/2019 and until my RC gets approved (if any)?
Every case is considered on its own merits. Being an overstayer once does not necessarily mean you will be denied every other UK visa you apply for in the future. But not being an overstayer definitely puts you in a substantially better position than being one.
3) Would being an overstayer affect me if I want to come back to the UK as a tourist in the future?
Correct. This is your alternative if you do not want to risk being an overstayer.I also read that I could leave the UK and apply for a Family Permit.
As far as I understand it, you can apply for a FP in any country that is not the UK. It does not have to be your home country or the country you currently reside in.I would not want to travel back home to get this (too expensive), so I was wondering if:
4) Can I go to the Netherlands and apply from there (I have 90 days of free travel due to my nationality)? Or do I need a long-term NL visa for this?
As I said above, it will definitely put you in a better position.5) Is the FP a better route compared to the overstay+RC?
Depends on the country. In Colombia it was 3 days, when I applied back in 2016.6) How long does it take to get a FP?
I understand this is the case. Read this post of mine where I asked the exact same question.7) Would I be granted permission to work under an un-married FP?
Not at all, this understanding is incorrect. You will find multiple posts in this forum of people leaving the country while their RC is pending (including me, then having other issues , but not that the RC application is cancelled).
In any case, allow sufficient time. At least a good week to receive your passport back, but this could be longer if, for example, your case is about to be decided, in which case they'll just process it as normal and return your passport back with the final decision.And I suppose there is also a risk that they take forever to return my passport?
Seems to be an option.Regarding the FP, I took a look at the website of the processing partner in Amsterdam and it seems that I could pay for an express 5-day service plus pay to keep my passport as well. This seems like the most expensive but least risky option.
Not supposedly; definitely. I have done this.
They return any document you ask to be returned. I asked for the return of both my partner's and my passport, and my BRP. Got them with no problem.I am unsure though if they would return the BRP
I might do this instead since it seems writing a cover letter and asking for my passport right away wouldn't affect my application (I don't have a BRP, I have vignette).kamoe wrote: ↑Tue Mar 05, 2019 3:19 pmThey return any document you ask to be returned. I asked for the return of both my partner's and my passport, and my BRP. Got them with no problem.
I did it as follows:
1) I included an empty special delivery envelope, and put on it a stamp covering total weight of the documents you want returned (500gr is usually enough, but you can ask the person at the post office to produce a stamp with the correct postage, if unsure).
2) In a smaller envelope, I enclosed all documents I wanted returned, and wrote on the envelope:
This envelope contains:
- Document 1
- Document 2
- etc
PLEASE RETURN ALL OF THESE DOCUMENTS USING PREPAID ENVELOP ASAP
That will do the trick. Usually, they return the documents right after you submit your biometric details.
You only need to prove 2 years of cohabitation (Mar 2017- Mar 2019). And what you need is 6 pieces of correspondence addressed jointly to the two of you (bills and bank account statements count as correspondence if sent by post), coming from at least 3 different sources, and spread over the 2 year period you want to prove (Mar 2017- Mar 2019).
Perfect.
- Cover and signature pages of our tenancy contracts plus a letter from the agency saying how long we have stayed in the property
Don't send more than 10 pictures. Too many will drown them with evidence. Just select ones that are evenly spread over the 2 year period (Mar 2017- Mar 2019).
- Couple of photos for every month we have been together, printed on normal paper with handwritten dates
Good but best if this is the actual statement sent by post, as this will count as pieces of correspondence.
- Ask my and her bank to print and stamp our monthly bank statements and write a letter saying that we have been account holders for so long in our address
No need.
- Plane tickets/boarding passes of all of our holidays together over 4 years
Again, don't send everything.
- All the bills that I can find to our names (joint or individual)
Perfect.
- Her Document Certifying Permanent Residence
Perfect.
- Our passports
If you included all the above, there is absolutely no need to send private communications, in any language. Better to secure a few signed letters of common friends vouching for your genuine relationship.I have some questions tho':
- Do I include whatsapp/texts if they are not in English?
As a purely personal opinion, I think it is worth investing in printing the photos in photographic paper (at Boots or Snappy Snaps), which renders a better quality and leaves less room for arguing a fake. This means you need to select good quality pictures, though. In my application, I wrote the date and place at the back of each photo.
- Do I write the dates next to each photo or do I screenshot something like Google's Photos website where the date is visible?
Do what you think will make the life of the caseworker easier. I separated documents by type (bills, payslips, photos) and attached them together with a paper clip; then put little post-its on every collection of documents, with notes clarifying what those were.
- Do I write a cover letter with a table explaining what documents cover what periods?
Check and double check the list of required documents that apply to your case in the guidelines to supoprting documents. That should be your go-to reference.
- Is there something I'm missing or that I should add?