I think the Op is stressed.
have a look here for some guidance.
http://lawfirmuk.net/english/unmarriedpartner.htm
see if you can meet the requirements .
wish you nothing but good luck.
some senior members will be able to shed more light on your case as they say these cases are dealt on case by case basis depending on the evidence.
I am becoming a full scale immigration lawyer here though not by choice !.
see more info here
EUN2.11 How do unmarried partners qualify for an EEA family permit?
An unmarried partner can be considered for an EEA family permit as an extended family member if they are in a
durable relationship with the EEA national. The ECO will have to consider factors such as the
length of cohabitation, joint finances, whether the couple haS children together to establish whether or not the relationship is durable.
Each case must be looked at on its own merits. While regulation 12(2) makes provision for the issuing of a Family permit to extended family members (including unmarried partners), ECOs should be aware that only meeting the extended family member criteria is insufficient. Even where an ECO is satisfied that the applicant is in a 'durable' relationship, the ECO needs to go on to consider whether 'in all the circumstances, it appears to the entry clearance officer appropriate to issue the family permit' (Regulation 12(2)(c). Factors to be considered here are those set out at EUN2.7.
EUN2.7 as follows
EUN2.7 Who are an EEA national's extended family members?
Extended family members are more distant family members of the EEA national or of his/her spouse/civil partner who can demonstrate that they are dependent. Partners, where there is no civil partnership, who can show that they are in a 'durable relationship' are also considered to be extended family members.
Extended family member of an EEA national are defined in regulation 8 of the EEA Regulations.
An applicant may be considered for an EEA family permit as an extended family member if they are:
residing in a country other than the UK and are dependent on the EEA national or are a member of the EEA national's household; and
accompanying the EEA national to the UK or wishing to join them there.
If the applicant does not meet both of these criteria, they can also be considered for an EEA family permit as an extended family member if they are:
a relative of the EEA national or his spouse / civil partner and on serious health grounds, strictly require the personal care of the EEA national or their spouse/ civil partner; or
a relative of the EEA national and would meet the requirements, (other than those relating to entry clearance) in the Immigration Rules for indefinite leave to enter the UK as a dependent relative of the EEA national were the EEA national present and settled in the UK; or
a partner of the EEA national (other than a civil partner) and can prove to the ECO that they are in a durable relationship with the EEA national.
Where the applicant can show that he / she is the extended family member of an EEA national, the ECO may issue an EEA family permit if in all circumstances, it appears to the ECO appropriate to issue the EEA family permit. Therefore, an EEA family permit may be refused:
where refusing the family member would not prevent the EEA national from exercising his / her Treaty rights or would not create an effective obstacle to the exercise of Treaty rights;
if the applicant would have been refused entry to the UK on general grounds for refusal had they been applying for entry under the Immigration Rules;
maintenance and accommodation requirements aren't met, for example, the non-EEA national's admittance would result in recourse to public funds.
Where the extended family member did not reside in the same country as the EEA national before the EEA national came to the UK, and where the EEA national provided financial support only to the extended family member, it is unlikely that the extended family member would be able to demonstrate that refusing to issue them with an EEA family permit would prevent the EEA national from exercising their Treaty rights in the UK. This is because the EEA national could continue to provide financial support to the applicant from the UK.
Family members of students (other than his or her spouse and dependent children) are entitled to join the EEA national for the initial 3 month period she or he is in the UK. Should these other family members wish to remain in the UK with the EEA national student for a period longer than 3 months they would need to apply in country for a Residence Card.
https://contact-ukba.homeoffice.gov.uk/ ... /eun/eun2/In any moment of decision, the best thing you can do is the right thing, the next best thing is the wrong thing, and the worst thing you can do is nothing.
). Has she made any effort to legalize her stay since your relationship began? Perhaps putting in an EEA application asap, on the basis of your relationship, wouldn't be such a bad idea. At least she'll be in the system, as opposed living in fear as to what 'they' might or might not do. All the best.
