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Planning ahead

Posted: Mon Nov 04, 2013 9:49 pm
by asian_atheart
Hi there,

First of, I want to say, what a great set of discussion threads and fantastic moderators.
My issue might seem a bit premature, but seeing how complicated these issues can turn out, I am thinking ahead!
I am a non EU (Indian National) in a relationship with an EU National. I have been here for two years on a Tier 4 visa. We met shortly after I started my PhD here in the UK. He has been in the UK for 5 years now, (3 as student + 2 years-present working).
As I will soon be finishing, we are trying to figure out how it will impact our relationship and me staying on. We are not living together, but I know we have to live atleast for 2 years to prove unmarried partners in a durable relationship. We have no plans to get married yet and do not want to just for the sake of visas.
And to clarify, we have absolutely no financial issues, he earns well over the minimum to show proof of finances if need be and I should be able to get a qualified job soon after I finish.
Two clarifications:
- Does anyone have an experience of applying for non EEA Residence card on a unmarried partner status without living together for the minimum period of 2 years?
-Will it be easier to qualify for jobs on a Residency Card? meaning-will it automatically give me rights to a job on equal to an EU or UK national. Right now I have to be able to be sponsored & make a minimum pay to qualify for a job.

:-) pls advice! Also feel free to point me in the direction of older threads if these questions are answered.

Posted: Mon Nov 04, 2013 10:09 pm
by sheraz7
If the unmarried partners have children then residence permit can be achieved even with lesser amount of time than 2 years otherwise normally 2 years of cohabitation can meet the criteria. For that purpose joint bills/accounts, joint holidays evidences need.
But most important to know that until the application is not decided there won't be the right of work.

Posted: Mon Nov 04, 2013 10:29 pm
by asian_atheart
Hi Sheraz,

Thanks a lot for the quick reply. We'll need to start discussing about that then!

Also, one of our friends applied for the non EU Family card as an unmarried partner of an EU citizen, and it seems they issued the card for 6 months and review them regularly and reissue for 6 month periods (this couple fulfilled the 2 years co-habitation requirement). This happened in the UK. Is this true?

Posted: Mon Nov 04, 2013 11:33 pm
by Davmck70
asian_atheart wrote:Hi Sheraz,

Thanks a lot for the quick reply. We'll need to start discussing about that then!

Also, one of our friends applied for the non EU Family card as an unmarried partner of an EU citizen, and it seems they issued the card for 6 months and review them regularly and reissue for 6 month periods (this couple fulfilled the 2 years co-habitation requirement). This happened in the UK. Is this true?
Yes it is possible as they review all criteria for RC from time to time. All they are checking for in this particular situation is whether the EEA national is still exercising treaty rights as well as willing to stay in UK.

As you are on tier4 studying PhD, you still have a year after study to stay in UK if need be, you can start getting all the relevant evidences with regards your CP. But it makes more points if you lived together at the same address where you both pay bills. also a joint bank account may be of help. All the best

Posted: Tue Nov 05, 2013 11:14 am
by asian_atheart
Hi @Davmck70 of course! that makes sense. I guess with marriage there is more permanence to where they are likely to live. Because as it stands he wants to live in the UK for the next few years, but we have not ruled out settling back in his country.
Should he apply for Residency documents for himself as proof of PR to make things easier for us later? Or does it not make any difference anyway.

Yes-I will qualify for the extension (if the govt doesn't change anything!). We already have a joint bank account with plans to live together but we havent been able to work that out yet.