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Hi all, I have been following these boards for a while now and would really appreciate if anyone has any opinion on this!

My partner is an EEA national (German & Austrian passport holder) working in London and I am the non-EEA national currently on a Tier 4 Student Visa due to finish on the 04/04/2016. We would need to apply for the EEA family permit before my visa expires.

We have been in a relationship for nearly 3 years and have been living together since 01/10/2013 in London. However, we have discovered that our landlord has not been able to locate their tenancy audit and thus we have been unable to secure official documentation that states that we have been living together since 01/10/2013. Because of this we have been poring through whatever we have jointly (done over the years) and individually sent to the same address. We are unsure about how much documentation do we need and if what we have is sufficient.

As far as we understand it, the HO requires us to show a continuous relationship? Would that mean that we can stagger singular type of documents over the 2 year period, or do we submit, for example, one really early gas bill and then a more recent one? Would that count as one type of evidence? So far, we have amassed (according to earliest date)

Individual phone bills (dated 1/10/2013 to now)
Individual bank statements (dated 1/10/2013 to now)
Individual National Insurance Number Letter (mine dated 26/1/11, his dated 14/01/2014)
Individual NHS Registration letters, appointment letters (over the years)
Joint council tax (Our earliest one under a joint name is dated 20/2/2014, for the year 2013/2014)
Joint water bills (Earliest with both names dated 1/4/2014)
Joint bank statements (Started on 8//11/14)
Joint gas bills (Earliest with both names 23/12/2015)
Credit card welcome letters (12/11/2015, he made a supplementary card to show I'm a dependent? Is this a type of evidence?)
His tax letters, payslips, contracts
Photographs (we can print that and do we have to get people to vouch for us or something?)

Would this be sufficient? How much does HO really want anyway?

Another burning question I have (and it's actually worrying me like crazy) is that if in the scenario that I submit this application next week and begin the process of switching to EEA, when my tier 4 visa expires on 04/04/2016 while waiting for a decision, am I allowed to stay while waiting for the decision or am I meant to fly out of the country? I've been reading contradictory information online, and when I called HO the operator said that if I apply before my visa expires, I am allowed leave to remain. Is this true?

Sorry for the bombardment of questions!!!! But thank you so much in advance

aaikai wrote:Hi all, I have been following these boards for a while now and would really appreciate if anyone has any opinion on this!

My partner is an EEA national (German & Austrian passport holder) working in London and I am the non-EEA national currently on a Tier 4 Student Visa due to finish on the 04/04/2016. We would need to apply for the EEA family permit before my visa expires.

We have been in a relationship for nearly 3 years and have been living together since 01/10/2013 in London. However, we have discovered that our landlord has not been able to locate their tenancy audit and thus we have been unable to secure official documentation that states that we have been living together since 01/10/2013.

...

Would this be sufficient? How much does HO really want anyway?

Another burning question I have (and it's actually worrying me like crazy) is that if in the scenario that I submit this application next week and begin the process of switching to EEA, when my tier 4 visa expires on 04/04/2016 while waiting for a decision, am I allowed to stay while waiting for the decision or am I meant to fly out of the country? I've been reading contradictory information online, and when I called HO the operator said that if I apply before my visa expires, I am allowed leave to remain. Is this true?

Sorry for the bombardment of questions!!!! But thank you so much in advance

A FP is used to enter the country.
It is applied for from outside the UK.

You are evidently in UK so you do not need to gain entry into the country.

As you are unmarried you are the extended family member of an EEA national (your sponsor).
To have the right to reside, work (study) in UK you need to prove to HO that you are in a durable relationship 'akin to marriage'
AND you are required to hold a UK Residence Card (RC).

Suggest you focus your efforts on applying for the RC;
- this is assuming your sponsor is exercising treaty rights as a qualified person in UK (eg by working).

Suggest you press the landlord for that audit and any other contract/tenancy documents.
You will need to submit comprehensive & unimpeachable documentary supporting evidence of your status

Note, as an extended family member, it is likely the interim COA that you will be issued with will not confirm you a right to work.
That will only come if RC is issued.

It is unclear if your studies and student life are coming to an end.
If not, you need to be sure to keep your university fully informed about your change in immigration status.

Here is HO guidance on extended family members.
It should help you get up to speed on what HO will be looking for as proof of a durable relationship 'akin to marriage':
https://www.gov.uk/government/uploads/s ... _clean.pdf
- see page 13+

Hi aaikai

I am in a similar situation, except I had a sponsored Tier 2 visa. I have applied for the EEA EFM route, and I can give you some advice.

aaikai wrote: As far as we understand it, the HO requires us to show a continuous relationship? Would that mean that we can stagger singular type of documents over the 2 year period, or do we submit, for example, one really early gas bill and then a more recent one?

You need:
-6 pieces of correspondence addressed jointly to the two of you (highly recommended). OR,
-12 pieces of correspondence addressed individually, 6 to you, 6 to your partner; to the same address (not so strong a proof as you could be just housemates).

Try and gather documents as uniformly spread over the two year period, as possible; and try and gather documents addressed jointly to the both of you, that obviously show you are a couple (for example, an invitation to a wedding inviting you to attend as a couple, or a postcard from a joint friend, or parent, addressed to the both of you. Include envelope with stamp to show address and date).

I would say, as long as you can provide one or two joint document/bill addressed to the two of you, dated on or before Feb 2014; then 4-5 other joint documents/bills after that date, including one from 2016, you will be fine. But even better if you can gather, two joint documents/bills of each year: two of 2014, two of 2015, and two of 2016.

According to what you say, if the below list includes 6 documents, I would say you are fine:

Joint council tax (Our earliest one under a joint name is dated 20/2/2014, for the year 2013/2014)
Joint water bills (Earliest with both names dated 1/4/2014)
Joint bank statements (Started on 8//11/14)
Joint gas bills (Earliest with both names 23/12/2015)

aaikai wrote: Photographs (we can print that and do we have to get people to vouch for us or something?)

Yes, I highly recommend you print photographs, and get 3-5 friends to write a letter vouching for you, if you can.

Choose photographs of you traveling together to romantic destinations, or with family. Anything that shows that you are clearly not just housemates. And ask your friends to explain in their letters when and how they met you individually, and as a couple.

aaikai wrote: Another burning question I have (and it's actually worrying me like crazy) is that if in the scenario that I submit this application next week and begin the process of switching to EEA, when my tier 4 visa expires on 04/04/2016 while waiting for a decision, am I allowed to stay while waiting for the decision or am I meant to fly out of the country?

Yes, as long as you apply before your current visa expires, you can stay. But don't wait for it to expire, apply tomorrow if you can! It will be a long wait.

aaikai wrote:My partner is an EEA national (German & Austrian passport holder) working in London and I am the non-EEA national currently on a Tier 4 Student Visa due to finish on the 04/04/2016.

Is s/he a student as well? If so, s/he needs to have Comprehensive Sickness Insurance (private health insurance) to qualify as exercising treaty rights.

aaikai wrote:Another burning question I have (and it's actually worrying me like crazy) is that if in the scenario that I submit this application next week and begin the process of switching to EEA, when my tier 4 visa expires on 04/04/2016 while waiting for a decision, am I allowed to stay while waiting for the decision or am I meant to fly out of the country?

kamoe wrote:Yes, as long as you apply before your current visa expires, you can stay

I am not so sure. You will be switching from a visa under the UK Immigration Rules to a permit under the EEA Regulations. I am not certain that Section 3C kicks in. I agree with kamoe that you need to apply asap.

Just FYI, you will only get Permanent Residency after five continuous years of having the Residence Card and your partner must continuously exercise treaty rights.

secret.simon wrote:

aaikai wrote:Another burning question I have (and it's actually worrying me like crazy) is that if in the scenario that I submit this application next week and begin the process of switching to EEA, when my tier 4 visa expires on 04/04/2016 while waiting for a decision, am I allowed to stay while waiting for the decision or am I meant to fly out of the country?

kamoe wrote:Yes, as long as you apply before your current visa expires, you can stay

I am not so sure. You will be switching from a visa under the UK Immigration Rules to a permit under the EEA Regulations. I am not certain that Section 3C kicks in.

...

I think this covers the case:

No legal requirement that...

the non-EU family member holds a specific immigration visa or status. It is fine for them to have a nationally issued visa or a student visa or a visitor’s visa or even implied status

Ref: https://eumovement.wordpress.com/2007/0 ... u-citizen/

As I mentioned previously, if studies continue, it is important the university are aware of the change in status (& are cool with it).