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Unmarried Partener of EEA citizen - can I stay in the UK????

Posted: Tue Aug 20, 2013 2:16 am
by samalmoore
Hello,

I have lived in the UK for 4 years and 11 months on an ancestral visa. Due to a police caution for the possession of cocaine a little over a year ago, I am not confident in applying for indefinite leave to remain. I am involved in a long term relationship (living together 7 years - documented for 5 years) with an EEA national who has lived in the UK for 5 years. Am I able to stay in the UK based on my relationship?!?!?

Thanks in advance for any ideas/suggestions!

Re: Unmarried Partener of EEA citizen - can I stay in the UK

Posted: Tue Aug 20, 2013 3:20 pm
by wiggsy
you'd need to apply for an EEA2 on the basis of durable relationship...

Posted: Tue Aug 20, 2013 3:47 pm
by Amber
You should consider extending your ancestry visa until such times as you qualify for ILR (24 months after caution).

Re: Unmarried Partener of EEA citizen - can I stay in the UK

Posted: Tue Aug 20, 2013 3:47 pm
by samalmoore
wiggsy wrote:you'd need to apply for an EEA2 on the basis of durable relationship...
Thanks for the suggestion. Would I have to leave my job once my current visa expires?

Posted: Tue Aug 20, 2013 3:52 pm
by Amber
If you do not extend your ancestry visa, you may have to wait another 5 years to settle or until you have 10 years legal stay.

Posted: Tue Aug 20, 2013 3:55 pm
by samalmoore
D4109125 wrote:You should consider extending your ancestry visa until such times as you qualify for ILR (24 months after caution).
I have considered this but I am having trouble with getting together the required papers (adoption papers for my mother - both grandparents and mother are deceased. The birth certificate I have for my mother is an abridged version which is not accepted so on my original ancestral visa application, I was permitted to obtain a certified copy of the unabridged certificate which was a MASSIVE task. The authorities in South Africa refused to let me have the original). I now simply don't have the time to resolve this before my visa expires! Do you know if there is some way of going to speak to someone at the HO/UKBA regarding my situation. It seems that the only way to speak to someone is to book an appointment for a specific application. This doesn't help me at all.

Posted: Tue Aug 20, 2013 4:00 pm
by Amber
They should still have all the relevant documents, a SAR would/should have given you access to such documents, however, you have left it late to see whether they have them on file. Did you not keep the said documents? You could risk sending in the flr(o) application and stating that you will send the required documents ASAP and get hold of the required documents and send them in, explain also that they should already have them on file, that should give you enough time to collect the said evidence.