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Hi
My partner (non-EEA nation) and I (EEA nation) have been living together and being in genuine relationship for the past 1 year and 1 month. We have tenancy agreements since September 2013 (13 months), joint bank account since June 2014, many bills and letter on my name or on his name but not on both for bills for the past 13 months. However, his Tier 4 visa will expire by the end of October and he has to leave the country and go back home. He graduated in July 2014 and he did his best finding himself job that will sponsor him Visa but nothing yet, he also applied for Tier1 Graduate Entrepreneur Visa but the university panel came up this week with decision that they wouldn`t endorse him. We are trying to find way how he can stay in UK so we can continue our relationship. Reading all immigration forums and government website, going to citizen advice bureau, he went for advice session with lawyer and nothing yet which seems possible for us to be together. He has been studying in UK since 2008 - 6 years now but did his placement year in 2013 back in Ukraine. I am currently working but cannot meet the financial requirements to sponsor him as I am on 20 hours contract even though working more house. He is currently working on 0 hour contract but effectively working approximately 35-40 hours a week. He cannot go for master`s degree as the financial requirements are too high and we cannot meet them neither.
If he returns to his home country which is Ukraine he has to go to Army as he is under 25( currently 24) and there is threat of war with Russia at the moment. I am afraid to go there as well and if the war starts not being able to leave this country.
Please can you give us advise what route to take in this so complex situation? How to remain together and be able to get married in the future? We don`t want to break the immigration rules and not being able to come back to UK for the next 10 years.
If we apply for unmarried partner visa and obviously don`t meet the 2 years cohabiting requirements will we be able to appeal?
Is visa rejection affect future visa applications? Is there any other route we may miss but we can take in this situation?
I would really appreciate if someone can give me advise what to do in my situation. All I want is to keep my partner with me, is too much...please help..

Why don't you marry? If you are an EEA national and apply under EEA regulations you don't need to meet the financial minimum required under UK rules.

Thank you so much for your swift response Casa, I really appreciate it!

We are considering marriage but need time to pass registry procedures. Do you think they will give him Fiancée Visa if we apply now and in the next 6 months’ time get married?
As far as I am aware you don`t have th right to work whilst under Fiancee Visa will the fact he is still with Tier 4 will change his rights when swithing to Fiancee Visa?

You can't work with fiancee visa,and your chance of getting unmarried partner's visa without completing 2 years is 50/50.
What do you mean by passing registry procedure? All things being equal and as stated,it shouldn't take you more than days or weeks,it definitely can't take you 6 months under ANY circumstance.

You can't apply for a fiance visa from within the UK. This is for those who intend to marry and require an entry visa to enable them to do so in the UK. It only takes 16 days to register a marriage at one of the Home Office designated Registry Offices.

Hi Rayking. Thank you as well as for you advice!

By passing registrar procedure I mean from the point of getting fiancee visa so being able to hand in the notice for our intention to get married by the time we can get married - at least 16 days after the notice.
As I am EEA not British and we are both already in UK do we normally need to apply to remain in UK with family?
There is not much information in the UK government website about the Fiancée Visa, can someone help me also with trustable source of information how to apply how long is the procedure, what document do we need and so on.
I am completely lost in all these Visa regimes as I never been in a situation applying for Visa and as more as I read as more I get confused.

If not with finace visa how then we can get married? If he overstays will this affect his application to remain with family in UK?

As long as you're in UK legally and not on visitor's or tourist visa,you can get married in UK without any prob.
I just checked again your first post,you can't apply for either fiancee or marriage visa without meeting the financial requirement obviously.
Well,may be a different case if you've got kids,but you must meet the financial requirement to get the visa.
You stated the visa will end by October too,sorry, that will make it difficult to get through at registry, I think I got your "registry procedure" now.

Can I please just confirm
fiancee visa - no as within UK
to remain with family - no as not meeting financial requirement

Is there any way he can stay in UK legally when not meeting the requirements for the listed above?
If we apply for unmarried partner visa with the high probability to get rejected and if they give us the right to appeal can we in the meanwhile if I find a job that will pay me 18, 600 get married and apply for remain with family permit?
If an application is rejected without right to appeal and he needs to leave the country will this affect any future visa application?

If you're an EEA citizen you can't apply for a settlement visa under UK regulations. You can chance an application for a family permit and claim 'a durable relationship' which doesn't specify 2 years of co-habitation, but it would be open to interpretation. You need to understand that there is no requirement to earn £18,600 when applying for a family permit under EEA Regulations.

By the way (not that it applies in this case) it is permitted to marry when on a visitor visa, but there shouldn't have been the intention to marry when entering as a visitor. Someone who has no legal status can also marry since the requirement for permission from the Home Office was abolished. However, Home Office officials can step in to arrest an illegal immigrant before the wedding takes place.
I've posted this for general information to avoid confusion.

Thanks Casa I really appreciate your help!
Can you please clarify:
"You can apply for an EEA family permit to accompany your family or partner to the UK (or join them after they’ve arrived) if:

the person you’ll be accompanying or joining is from the European Economic Area (EEA) but not the UK
you’re from outside the EEA
You can apply as either:

the wife, husband, civil or unmarried partner, child, grandchild, parent or grandparent of the person you’ll be joining in the UK
a dependent extended family member - eg unmarried partner, brother, sister or cousin

Is that mean that we can apply even though we are not married and not co-habituating for 2 years? What documents do we need to show to proof our relationship - will it be enough to show tenancy agreements, joint account, bills, pictures? Can we apply from within UK or he need to apply from outside UK?

Apply as unmarried partners from within the UK submitting all documents you have showing co-habitation. If you're fortunate they will consider it to be a 'durable relationship'. If it's refused you have the right to appeal. However, you'll need to show that you are 'exercising your Treaty rights', i.e submit proof of your employment. It won't matter that it's part-time.

This makes things very clear to me now
Thank you so much for your advice Casa! We will collect all the documents and apply ASAP hopefully by Monday as my partner`s Visa will expire on 30th October.
Whilst we are awaiting decision to be made by the Home Office this is not considered as overstaying, isn`t it?

If you apply before his current visa expires he will retain a legal status while the application is being considered. I'm calling it a day now, but post if you have any questions.

Great! We start collecting all the documents following the guide and adding any additional we can think of. If I have any questions in the meanwhile I will post again as I prooved myself I can find solution to my problem in this forum when wasn`t able to do so when had solisitor session...
Oh thank you Casa that is such a relief to know that there is option for us, God Bless you! I will definately keep you update how is my application process going.

Sorry, I didn't notice EEA,that changes everything to your advantage then!

Rayking, that is ok.

I am trying to find out which application form exactly do we need to fill. Could you guys pleas help with it.
EEA family permit - I think no as we are already settled within the UK
EEA2? To remain with family? UK residence card? or another I may miss?

I think very important points I want to proof is our "durable relationship" and I found that according "Article 8 of the European Convention on Human Rights: ....Unmarried and Same sex Partners (there is no requirement for them to have at least 2 years of relationship, unlike under the immigration rules)." and as I am exercising my treaty rights and living in the UK.
For all these I have supporting documents - employment contracts, tenancy agreements, joint bank account, bills, car insurance on both of us, greeting cards from friends for our 1 year anniversary, pictures and facebook, Viber conversation logs, supporting letter from his family, our diplomas and chances to be employed in the UK without using social finds, we do not claim any benefits and also facts showing why we cannot live elsewhere out of UK.

Could you please tell me your thoughts, do I miss something important to support my application?

Form EEA2 - https://www.gov.uk/government/uploads/s ... _06-14.pdf

You appear to have everything covered but I'm moving this to the EEA section just in case anyone has more detailed advice.

Thank you!

I would really appreciate if someone went through our route share their experience or any other competent person think we are missing somethin important.

I am just filling our EEA2 application and I have few questions I would really appreciate if someone can give me an advice?

SECTION 6 - YOUR EEA NATIONAL FAMILY MEMBER (Employment) - I state my employer plus all supporting documents.
As I am working for the past 6 months and at the same time I am completing my Master`s degree since August - part time, do you think it will be okay if I state that I exercise my Treathy right as being a worker and a student and fill SECTION 8 - STUDENT as well.
When both, do I still need to provide comprehensive health insurance ?

I don't know much about EEA,but I think if you pay national insurance, you don't need comprehensive health insurance, and since you're also a student,may be you don't need to,the applicant should be the one filling the form?
Hope more experience members can clarify this for you.

You are correct.

A person exercising treaty rights as a Worker, does not need comprehensive Sickness insurance.