Immigrationboards.com

Hi guys,
Our situation;
Me; Danish, 25, student (1 1/2 to go with studies)
Partner; Australian, 28, youth mobility tier 5 visa expiring in sep., full time employment

Been together for 3 years ( in Aus before UK)

We are now hoping to apply for a residence card but have a few questions we would very much appreciate a bit of guidance on:

1.) if we do not apply till later on in the year and therefore do no get a decision until after my partners tier 5 visa has expired will he be able to continue work until a decision is made (when we have a COA)?

2.) if we apply to get our passports back before they have dealt with our application will this set us back? I read that it may particularly if my partner gets his passport returned.

3.) we do not have much proof of having lived together since his name was the only on the first tenancy agreement and my name was the only name on the second one. Neither have we had shared bank accounts. I am hoping that individual mail sent to the same address will suffice? We have plenty of pictures. Does anyone have any experience with this??

4.) there is a section regarding the eea sponsors medical insurance? I do not have this as I was very much under the impression that NHS was enough. As I am away from Denmark for more than 2 years I have officially 'left Denmark' and can not receive medical treatment there?

I really appreciate anyone taking the time to read through this any help/advice to any of the above - or anything else we need to be aware of - is highly appreciated!

Hi Gin,
Just trying to answer some of your questions below:

1.) if we do not apply till later on in the year and therefore do no get a decision until after my partners tier 5 visa has expired will he be able to continue work until a decision is made (when we have a COA)?
From what you say it appears that you are unmarried partners, so you don't qualify for an automatic COA with 'right to work'. The COA you will receive if unmarried will not provide eligibility to work. Also it may be worth looking into this a bit more-I believe unmarried partners as 'extended family members' of EU "students" in the UK do not receive automatic rights of residence. Hence you may be subject to more scrutiny than married partners. Maybe someone else in the forum has some thoughts on this.

2.) if we apply to get our passports back before they have dealt with our application will this set us back? I read that it may particularly if my partner gets his passport returned.
No I think several people have done this. The only outcome may be that the EEA redicence card is received on an A4 paper rather than endorsed in your partner's passport

3.) we do not have much proof of having lived together since his name was the only on the first tenancy agreement and my name was the only name on the second one. Neither have we had shared bank accounts. I am hoping that individual mail sent to the same address will suffice? We have plenty of pictures. Does anyone have any experience with this??
It would definitely help to have proof of joint tenancy and statements. I don't think its enough only to have individually addressed letters even though your relationship has started 3 years ago. However you could get references from friends and family and show tickets of when you travelled as well. If you don't already have a joint account/tenancy, may help to start one now so you have this as proof when you apply.

4.) there is a section regarding the eea sponsors medical insurance? I do not have this as I was very much under the impression that NHS was enough. As I am away from Denmark for more than 2 years I have officially 'left Denmark' and can not receive medical treatment there?
You definitely need comprehensive sickness insurance (CSI) from your home country as a student in the UK. If you were working, you would be contributing to the NHS in taxes, so it would be ok. As a student you are considered a burden on the NHS and thus not independently exercising treaty rights unless covered by CSI. SO there is no way around this. You will need to obtain a UK private insurance plan to cover you both when you apply for the residence card-to prove that neither yourself nor your partner are relying on the NHS for medical costs.

Hope this helps