Switch from FLR to SET (unmarried partner)

We want to apply for settlement for my partner.

He's been on a leave to remain for almost two years, on the basis that he is my unmarried partner. (I'm an EEA national.) So hopefully we can now get an ILR.

Before we get into the details of the form, could somebody re-assure us on two points:

- is SET(M) the correct form for our case? (I vaguely remember having seen something cheaper for EEA partners but I can't seem to locate it???)

- my partner has had to work (and also stay) away from our main home for longer periods over the last two years. Most of our correspondence has still been arriving at our main address, but, some of it (for instance, his salary sheets) have not. Would you suggest we specify that it was the case? Or shall we not mention his working away from our main address, given that we can provide the required evidence anyway?

Many many thanks in advance!

Does he have an EEA Family permit now or a UK Unmarried Partner Visa?

We initially applied with the FLR form so I think what he has now is the unmarried partner visa (it's a sticker in his passport).

lolimi wrote:We initially applied with the FLR form so I think what he has now is the unmarried partner visa (it's a sticker in his passport).

Well, I'm not sure about this but I think u r now stuck on the UK immigration route. But I thought u as the sponsor would have be on ILR or a BC to do this, but maybe I'm wrong here.

Anyway, I don't think you can switch routes so I don't think u can apply for the EEA FP. Again, I could be wrong!

Bad news is UK ILR is £750, I know I'm not wrong there....!

lolimi, the rules of the EU route have considerabily changed in the past 2 years and I do not think that your partner will be able to apply for the ILR or PR, (Permanent Residence as it is called for EEA nationals and their family members) using the SET(M) form.

But, that said, depending on which EU member state you are from, you may well be already having PR as it currently is an automatic acquisition after you have been employed or studying or exercising treaty rights in some other way for 5 years.

SO, which country are you from and how long have you been here and what have you been doing all the while? How long has your partner been here with you and do you have strong proof of co-habitation for the whole duration?

Docterror, thanks for your reply.

I wasn't aware of the changes in the rules. The letter the Home Office gave us when granting the current leave to remain stated that he could apply for ILR after two years so that's what we are thinking of doing now.

We've both been in the UK for over three years and have tons of proofs of co-habitation for this period. I'm French, both of us are working full time and never had any recourse to public funds.

What route would you suggest?

This topic came up on another board recently. The poster had been advised (I think by the HO) that they needed to apply using EEA2. I think this is pretty much the only scenario I've come across where the switch is made from the UK immigration rules to the EU regulations. I'm not sure an ILR application would succeed; it doesn't seem logical in my mind that the non-EEA national, given leave to remain in Britain based on a relationship with ah EU national would be granted ILR/PR before the EU national, hence why I think they have the person apply for the 5 year residence permit.
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What route would you suggest?

I am sorry but there is no choice over here to which route you can take. An application with the SET(M) is bound to fail under the current rules, as EU applications are no longer considered under the UK immgration rules. Your partner will have to apply for an extension under the EU route using the EEA2 form and after you have proof of having stayed together working for a total of 5 years, your partner can apply for the Permanent Residence(PR) with the EEA3.

As you are unmarried partners make sure that you have strong proof of co-habitation as it will be tougher for such applications as opposed to ones in which there is a registered partnership or marriage. Since you both have been here for 3 years and you are national of France, your partner should be eligible for the PR in another 2 years time.

I think this is pretty much the only scenario I've come across where the switch is made from the UK immigration rules to the EU regulations

The switch to EU route can be made from almost any UK immigration route as the no-switching rules is only valid the other way around. The HO cannot stop you from switching to an EU route as they are mostly automatic acquisitions.

That's interesting to know Docterror. When my husband and I were weighing the pros/cons of UK vs EU immigration, we had been told that once we picked a route, we had to stick with it for the duration. That was one of the reasons we chose to apply for the family permit for me instead of the spousal visa. I didn't want to be stuck with the possiblity of not being able to afford the ILR if they decided to jack up the price again, and I didn't mind waiting longer for PR.

In that case you made the right choice.

But assuming you had gone the other way and been on the spouse visa, and they did jack up the price for ILR, at the end of the spouse visa, or at any time that you want, you can apply for the Residence Card and the time on the spouse visa will be counted for the PR as the family member of EEA national exercising treaty his rights.

I called the HO last month and was told that we could apply for ILR with the SET(M) form but that he needed to pass the Life in the UK test before we could make an appointment. He did so and when I called to make the appointment I was told that we had to do an extension of the LLR with the EEA form.

Whom shall I believe now?

And does anyone have experience with unmarried partners under the EU rules? The HO website seems to mention only spouses and civil partners.

Thanks in advance for your advice,

Lolimi

Normally, if you are an EEA national and have only been in the UK for three years then you are not considered as 'settled' (having Permanent Residence status) in the UK. If you are not settled in the UK, nor British, then your partner cannot apply for ILR, using form SET(M), under the Immigration Rules (unmarried or same-sex partner 295H).

However, I wonder if perhaps 290A may be applicable?

290A. For the purposes of paragraph 290 and paragraphs 291 - 295, an EEA national who holds a registration certificate or a document certifying permanent residence issued under the 2006 EEA Regulations (including an EEA national who holds a residence permit issued under the Immigration (European Economic Area) Regulations 2000 which is treated as if it were such a certificate or document by virtue of Schedule 4 to the 2006 EEA Regulations) is to be regarded as present and settled in the United Kingdom.

Is paragraph 295H considered as part of 295 or not? If it is, and you hold a registration certificate, then your partner may apply under the Immigration Rules (unmarried or same-sex partner 295H) too.

But then I wonder what happens to non-EEA nationals who had entered as Fiancé(e)s and proposed civil partners of EEA nationals, under 290A, and later got married or registered as civil partners? 281-289AA are definitely not covered in 290A. So perhaps 295H may also not be covered in 290A after all.

See also 21.4.4 Unmarried partners, fiancés or fiancées and civil partners on how an unmarried partner of an EEA national is considered by the UK.

See also Chapter 8 - Family members, Section 9 - Unmarried and same sex relationships; and
Chapter 8 - Family members annexes, Annex Z - Further guidance on the unmarried and same sex partners rules and required levels of documents.