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.
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