Help needed with application for non-EEA partner

bluemoonrising · Post by **bluemoonrising** » Mon Oct 03, 2011 8:21 am

Hi

I am currently on a PSW expiring in July 2012, I am currently working earning 30K

Unfortunatly it seems that its company policy not to issue Tier 2 visas and I have only been working here for 2 months so leaving my job is not a viable option

I have been living with my girlfriend who is an EU national since September 2009 however so come July I would have lived with her for 22 months

We plan to get married early next year

My question is can I apply for a visa when she is earning 19K ? also the fact that we have not lived together for the full 24 months? Also she has registered to work here

What are my options? any advice would be greatly appreciated

geriatrix · Post by **geriatrix** » Mon Oct 03, 2011 8:39 am

1. Intending to marry before July 2012? If so, then you may apply for a residence card as a family member (spouse) of an EEA national.
2. To apply as family member (durable partner), you will need to provide to provide evidence of cohabitation for at least 2 years, so this may not be a suitable option for you.
3. Your partner's level of earnings has no bearing on your residence card application.

You say ILR. Since when have you been living in the UK?

bluemoonrising · Post by **bluemoonrising** » Mon Oct 03, 2011 9:10 am

sushdmehta wrote:1. Intending to marry before July 2012? If so, then you may apply for a residence card as a family member (spouse) of an EEA national.
2. To apply as family member (durable partner), you will need to provide to provide evidence of cohabitation for at least 2 years, so this may not be a suitable option for you.
3. Your partner's level of earnings has no bearing on your residence card application.

You say ILR. Since when have you been living in the UK?

I have been living here since 2006, and we started dating may 2009.
I know I will only be entitled to a probationary period. I just did not know what to do

So what documents do i need to provide to proove our relationship and will the fact that we have only lived together now for about 13 months affect my application?

geriatrix · Post by **geriatrix** » Mon Oct 03, 2011 9:33 am

bluemoonrising wrote:will the fact that we have only lived together now for about 13 months affect my application?

No, if you apply after your marriage to your EEA partner.
Yes, if you are thinking of applying before marrying and before you complete 2 years' cohabitation period - as cohabitation for 2 years is a mandatory requirement (as evidence of durable relationship) when not married.

See How to apply for residence documents as the non-EEA family member of an EEA national. Refer to FLR(M) form for examples of acceptable documents (of cohabitation).

bluemoonrising · Post by **bluemoonrising** » Mon Oct 03, 2011 9:43 am

sushdmehta wrote:
bluemoonrising wrote:will the fact that we have only lived together now for about 13 months affect my application?
No, if you apply after your marriage to your EEA partner.
Yes, if you are thinking of applying before marrying and before you complete 2 years' cohabitation period - as cohabitation for 2 years is a mandatory requirement (as evidence of durable relationship) when not married.

See How to apply for residence documents as the non-EEA family member of an EEA national. Refer to FLR(M) form for examples of acceptable documents (of cohabitation).

Thank you for answering, it seems the clear option is to apply for the the residency card although i am worried my earnings will be ignored and hers will prove to be insufficient to prove that we can live together

Will my earnings be taken into account

and my last question is from reading the requirements I am lead to believe that I will need at least 6 months valid visa and since my visa ends in July does that mean the last date I can apply by is in January?

The quote is taken from the site

Can you 'switch' if you are already in the UK?

You entered the UK in a different immigration category (for example, as a student), and you have been given permission to live here for a total of more than 6 months since your most recent admission to the UK.

geriatrix · Post by **geriatrix** » Mon Oct 03, 2011 9:52 am

1. FLR(M) form is for reference only. FLR(M) form is not for you ... and so isn't any information related to FLR(M) application - other than making yourself aware of the type of documentary evidence(s) needed to prove cohabitation.
2. In light of above, that statement you quote is irrelevant to you when applying for leave under EU directives. But for the sake of explanation - it refers to "period of grant" of a visa and not "remaining period of validity" of a visa. Tier 1 (PSW) leave is granted for 2 years.

bluemoonrising · Post by **bluemoonrising** » Mon Oct 03, 2011 9:56 am

sushdmehta wrote:1. FLR(M) form is for reference only. FLR(M) form is not for you ... and so isn't any information related to FLR(M) application - other than making yourself aware of the type of documentary evidence(s) needed to prove cohabitation.
2. In light of above, that statement you quote is irrelevant to you when applying for leave under EU directives. But for the sake of explanation - it refers to "period of grant" of a visa and not "remaining period of validity" of a visa. Tier 1 (PSW) leave is granted for 2 years.

Thank you very much so all that's left is applying for a marriage license then the residency card.

We have time to plan, thanks again for your help

geriatrix · Post by **geriatrix** » Mon Oct 03, 2011 10:02 am

With regards to "settlement":
1. Under EU directives you may apply for settlement (PR - permanent residence) after 5 years of your stay in the UK.
2. You may be eligible for ILR (under UK immigration laws) under long residence as and when you complete 10 years lawful stay in the UK (including stay under EU directives).

Which route will make you eligible for settlement sooner will depend on when you switch to leave under EU directives.

bluemoonrising · Post by **bluemoonrising** » Mon Oct 03, 2011 11:08 am

sushdmehta wrote:With regards to "settlement":
1. Under EU directives you may apply for settlement (PR - permanent residence) after 5 years of your stay in the UK.
2. You may be eligible for ILR (under UK immigration laws) under long residence as and when you complete 10 years lawful stay in the UK (including stay under EU directives).

Which route will make you eligible for settlement sooner will depend on when you switch to leave under EU directives.

Not quite sure I follow here

I thought if I apply via the residence card I get a probational 2 years and if we are still together at the end of the two years then you get ILR

Was I mistaken in this?

geriatrix · Post by **geriatrix** » Mon Oct 03, 2011 11:15 am

See also 2. Eligibility for permanent residence

Has your EEA national partner acquired PR / British nationality?

bluemoonrising · Post by **bluemoonrising** » Mon Oct 03, 2011 11:19 am

sushdmehta wrote:See also 2. Eligibility for permanent residence

Has your EEA national partner acquired PR / British nationality?

I see

So the residency card is a visa for 5 years, so I could apply for ILR either at the end of the 5 years or at the end of my 10 years here

But you've confused me here, so is a residency card not a spouse visa??

Because if it isnt wont it be better if I apply for a spouse visa which is valid for 2 years as a probation period then ILR after?

86ti · Post by **86ti** » Mon Oct 03, 2011 11:26 am

A residence card is not a visa at all. It may seem nit-picking to not call it a visa but the crucial point is that the EEA route is entirely different and thus the RC is not a "spouse visa". On the EEA route you would also obtain permanent residence (automatically) rather than ILR even though the end effect is the same.

A spouse visa on the UK route is only open to those who are partners of British citizens or those who hold ILR or PR themselves (settled persons).

geriatrix · Post by **geriatrix** » Mon Oct 03, 2011 11:26 am

Residence card & PR = issued under EU directives.
Spouse visa & ILR = issued under UK immigration laws.

You cannot apply for "spouse visa" when your EEA national partner has not acquired PR / British citizenship on the date of such application. You can only apply for a residence card under EU directives ... and then PR after 5 years.
You may apply for "spouse visa" if your EEA national partner has acquired PR status or is a British citizen on the date of your application ... and then ILR after 2 years (under current laws).

bluemoonrising · Post by **bluemoonrising** » Mon Oct 03, 2011 11:28 am

sushdmehta wrote:Residence card & PR = issued under EU directives.
Spouse visa & ILR = issued under UK immigration laws.

You cannot apply for "spouse visa" when your EEA national partner has not acquired PR / British citizenship on the date of such application. You can only apply for a residence card under EU directives ... and then PR after 5 years.
You may apply for "spouse visa" if your EEA national partner has acquired PR status or is a British citizen on the date of your application ... and then ILR after 2 years (under current laws).

Oh I see so residency card is an EU thing

Thank you for the clarity, My partner does not have PR at the moment. So the residency card is the way to go clearly

Ok so if it is issued by the EU could I travel in Europe with it without a need to apply for a visa?

Jambo · Post by **Jambo** » Mon Oct 03, 2011 11:31 am

bluemoonrising wrote: But you've confused me here, so is a residency card not a spouse visa??

No. Residence card is following the EEA regulations. Spouse visa is following the UK national immigrations laws. These are two different routes. One for EEA nationals and one for British/non-British with ILR.

Because if it isnt wont it be better if I apply for a spouse visa which is valid for 2 years as a probation period then ILR after?

Has you partner been living in the UK for more than 5 years? If not, then you can't apply for spouse visa. You will need to apply using the EEA route. It will take longer to get ILR/PR but it's cheaper (it's free).

86ti · Post by **86ti** » Mon Oct 03, 2011 11:39 am

bluemoonrising wrote:Ok so if it is issued by the EU could I travel in Europe with it without a need to apply for a visa?

It is not issued by the EU but by the UKBA. You could only travel visa free if you accompanied your EU spouse or if you joined here at a later date. Some member states may allow you travel alone.

bluemoonrising · Post by **bluemoonrising** » Mon Oct 03, 2011 12:14 pm

Jambo wrote:
bluemoonrising wrote: But you've confused me here, so is a residency card not a spouse visa??
No. Residence card is following the EEA regulations. Spouse visa is following the UK national immigrations laws. These are two different routes. One for EEA nationals and one for British/non-British with ILR.
Because if it isnt wont it be better if I apply for a spouse visa which is valid for 2 years as a probation period then ILR after?
Has you partner been living in the UK for more than 5 years? If not, then you can't apply for spouse visa. You will need to apply using the EEA route. It will take longer to get ILR/PR but it's cheaper (it's free).

Brilliant youve cleared it up

Wow free to get ILR after the 5 years, and travel all around Europe if she accompanies me??you sure about that?

Im not doubting you but it sounds too good to be true

bluemoonrising · Post by **bluemoonrising** » Mon Oct 03, 2011 4:14 pm

Wow free to get ILR after the 5 years, and travel all around Europe if she accompanies me??you sure about that?

Are you sure about this?

Guerro · Post by **Guerro** » Mon Oct 03, 2011 4:27 pm

bluemoonrising wrote:

Wow free to get ILR after the 5 years, and travel all around Europe if she accompanies me??you sure about that?
Are you sure about this?

Very sure

bluemoonrising · Post by **bluemoonrising** » Mon Oct 03, 2011 4:32 pm

Thanks for your help everyone

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Help needed with application for non-EEA partner

Help needed with application for non-EEA partner