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Hi guys,
I'm thinking to apply EEA(EFM) unmarried partner visa. But it's complicated and I need your advice guys.

Background
1. I was on student visa and when I finished my master MBA, I applied further student visa to do some more professional course CIMA.
2. My visa extension was rejected cos I missed CIMA registration proof and £20 was short in my bank account than the amount I should have.
3. Since then, it's been 3 years (2013-2016) that I'm fighting for my visa at the court. (Now in court of appeal) Next and last hearing will be in May.
4. I've been staying in London on 3C leave during these 3years. So I don't have visa right now. I can stay in U.K and work 20 hours legally though.
5. My Italian boyfriend and I met just before my visa extension and now we are together for 3years already and staying together for 2.5years.

Question
1.Will there be any chance I can apply for unmarried partner visa though I don't have a valid visa right now?

2. If I cancel the student visa extension case at the court, do I still have right to launch new application for unmarried partner? Or shall I just leave the student visa case keep going at court and apoly EEA(EFM) at the same time.

3. We have documents, house renting contract, bills, etc ONLY with his name , my name is not in there as I can't do contract without Id, passport at home office. But all my papers (payslip, bank address, UKba communication letter, etc) on same address. And I transfer the rent every month to his bank account first then he transferred back to home account. Hopefully it can serve as a record. Will it be alright?

4. He is now job seeker and getting job seeker allowance benefit as he's just been sacked due to a clash with manager a month ago. He's studying part time at uni as well.

5. Is there any other that you would advise me?

This has been a long one and complicated. Hope you guys could help answer or help me find a way.

Thanks in advance
Su

Whwn i applied for my residence card we lived in shared house where everything was inclusive of the rent so we had no bills with our names on them just the contract in both our name. we got letters from gp stating that we are both registered with them and from how long, bank letter from the bank also stating how long we live at the same adress because we moved in together and both changed our address at the same time, letter from the londlord stating that we both live there and everything is included in the rent. What i think really helped our case is that we split the rent in half every month so i used to transfer my half to his account and then he would pay the full amount to the landlord each month. if you state the reason on your cover letter why you are not on the contract home office should understand since they themselfs have made it hard for people without documnets to remain in the uk.

Should think that you can still keep your existing application because your now going under EU law and not Uk law anymore.

If he is a student he would need csi to cover himself and send in the documents of work from when you both started living together along with prove that he is a student with csi to show that he is/was exercising his rights as a worker and now as a student.

I didnt have a valid visa when i applied for unmarried partner so you will be ok

Thanks so much. That helps a lot. So your EEA family visa was approved and you applied it without visa like me?
For csi, is there specific insurance to buy or any insurance would work?
And though he's studying part time, he's looking for job as well and registered as jobseeker. So shall I tick as Job seeker or both? If it's job seeker, do I need to buy csi as well?

That is correct i didnt have a valid visa when i applied and it was approved with regards with the csi i wouldnt be able to tell you, im just going by what i researched when applying for eea2, maybe best to wait until a senior member or someone who has been in the same position to comment. From my understanding its better to send in as much as you got to prove that you are a genuine couple and he is exercising his rights and get your visa approved than sending little documents and getting refused.

since you are without a contract without your name on might be a good example to send in photos aswell, we sent in screen shots from facebook which has the date and time so they couldnt say it was a sham.

I see. Thanks for your answers

melody.smms wrote:Thanks so much. That helps a lot. So your EEA family visa was approved and you applied it without visa like me?
For csi, is there specific insurance to buy or any insurance would work?
And though he's studying part time, he's looking for job as well and registered as jobseeker. So shall I tick as Job seeker or both? If it's job seeker, do I need to buy csi as well?

Jobseekers don't need CSI.; students & dependents do.

CSI is a specific type of health insurance; travel insurance or life insurance (etc) will not do.

Do you know if there's more chance to reject if the sponsor is job seeker?
I selected all of following category: student(part-time), previously working and job seeker looking for work. Do I still need CSI?

melody.smms wrote:Do you know if there's more chance to reject if the sponsor is job seeker?
I selected all of following category: student(part-time), previously working and job seeker looking for work. Do I still need CSI?

I don't know about chances of success/failure but there are special rules now applied to jobseekers;
for example on length of period of jobseeking, on prospects of finding work, etc - you may need to dig into this.

I see. I'll do more research on it.

melody.smms wrote:


4. He is now job seeker and getting job seeker allowance benefit as he's just been sacked due to a clash with manager a month ago. He's studying part time at uni as well.

5. Is there any other that you would advise me?

Su

Hi melody.smms
Be aware of these:
You European National sponsor (your partner) should be employed in order to qualify as your sponsor. I am not sure how much he should be earning but I read somewhere it should be around £18,000. Please have that checked.
Also, be aware that your Coa (Confirmation of application letter) will arrive with out permission to work. This happened to me and to mostly everyone else who has applied for this type of visa. I was under student visa but lived with my Belgium partner for three yeas when we applied to get my resident card. My Coa from HO said, "they cannot confirm my right to work". My employers then had this verified with the HO directly and so they terminated my contract. It has bee 4 months I am still waiting and cannot work. So make sure you have enough savings before you opt for this path.
Regards

Thanks for your pre caution. I'm worried about that job seeker thing as well.

dianykno wrote:...
Be aware of these:
You European National sponsor (your partner) should be employed in order to qualify as your sponsor. I am not sure how much he should be earning but I read somewhere it should be around £18,000. Please have that checked.

...

This is a complete misunderstanding (possibly jumbling up bits and bobs of UK immigration regulations).

There is no such salary requirement under EU law for those on EU migration route.

An EEA sponsor does not have to be a worker - there are other equally valid ways for an EEA sponsor to qualify as a qualified person (which is the critical requirement).

You can get up to speed on these vital matters here...

QP:
https://www.gov.uk/government/uploads/s ... _clean.pdf

EFM:
https://www.gov.uk/government/uploads/s ... _clean.pdf

dianykno wrote:

melody.smms wrote:


4. He is now job seeker and getting job seeker allowance benefit as he's just been sacked due to a clash with manager a month ago. He's studying part time at uni as well.

5. Is there any other that you would advise me?

Su

Hi melody.smms
Be aware of these:
You European National sponsor (your partner) should be employed in order to qualify as your sponsor. I am not sure how much he should be earning but I read somewhere it should be around £18,000. Please have that checked.
Also, be aware that your Coa (Confirmation of application letter) will arrive with out permission to work. This happened to me and to mostly everyone else who has applied for this type of visa. I was under student visa but lived with my Belgium partner for three yeas when we applied to get my resident card. My Coa from HO said, "they cannot confirm my right to work". My employers then had this verified with the HO directly and so they terminated my contract. It has bee 4 months I am still waiting and cannot work. So make sure you have enough savings before you opt for this path.
Regards

Hey dianyko was your student visa expired when you applied?

In my case mine is still valid throughout the process and I'm unsure what happens then!

DRN wrote:

dianykno wrote:

melody.smms wrote:


Hey dianyko was your student visa expired when you applied?

In my case mine is still valid throughout the process and I'm unsure what happens then!

Hi.
I did applied for the unmarried resident card one month before my student card expired. Once it expired, my employer asked for further proof of my right to work. When I presented my Coa they contacted the home office who confirmed I did not have the right to work at the moment. They called me to a disciplinary meeting after which I had to leave the company.

Apparently, as long as you are and extended family member of an European Citizen and the HO is considering giving you a RC you cannot work until they issue the RC.
I am not sure about your case since you keep a valid student visa while they will issue you with a Coa without the right to work. My guess is that it would be up to your employer whether to keep you or not. But you must provide them with your Coa if they are asking for further proof of your right to work. Please get advice from HR in your work place, some companies have in their rules for immigrant workers that these should notify the company of any changes in their residence status. Remember that this visa process can take a minimum of six moths
I am not an advisor here, but I am in a similar situation and this is what I have learnt so far

dianykno wrote:Apparently, as long as you are and extended family member of an European Citizen and the HO is considering giving you a RC you cannot work until they issue the RC.
I am not sure about your case since you keep a valid student visa while they will issue you with a Coa without the right to work. My guess is that it would be up to your employer whether to keep you or not. But you must provide them with your Coa if they are asking for further proof of your right to work. Please get advice from HR in your work place, some companies have in their rules for immigrant workers that these should notify the company of any changes in their residence status. Remember that this visa process can take a minimum of six moths
I am not an advisor here, but I am in a similar situation and this is what I have learnt so far

I'm sorry your case turned out as it did and hope you get your RC soon. Even thought you're not an advisor it's good to know about similar cases, thanks!

I'm not currently working but obviously it will affect my ability to take work in the future. The odd thing is people I know who went through this route (EFM + valid student visa throughout) have gotten the right to work. I don't know if its a trend or just luck. I hope I'm lucky too but I'm preparing for the worst.

So I too recommend to budget for the worst case possible.

Thanks guys for sharing your experience. I'm now preparing to make application. And I don't have valid student visa right now. My student visa was rejected and appealed. So, I'm on 3C leave, leagl to live and work till case is settled. But I'm worried what home office will decide for me. And I've already convinced myself to accept the worst of COA without permission to work.

Hi noajthan,

Thanks.

I've heard a lot that if sponsor is job seeker, there's rare chance to get accepted for RC. So, it's not true?

From the application form, I'm clear that job seekers are qualified person as well. But I'm just worried home office will decide job seeker doesn't have firm status.

Literally, my boyfriend was sacked a month ago for clash at work. So, job seeking period is still a month. Hope they'll accept my aplication.

And to the worst, my visa status is not stable. I'm on 3C leave for appealing rejected student visa at the court of appeal. Do you think it'll affect my application.

And finally, my boyfriend is studying part-time as well. Do you know if we need health insurance? If yes, do we need to buy for whole year?

Thanks.

noajthan wrote:You can get up to speed on these vital matters here...


QP:
https://www.gov.uk/government/uploads/s ... _clean.pdf

EFM:
https://www.gov.uk/government/uploads/s ... _clean.pdf

Hi

Anybody any idea on this?

Thanks

melody.smms wrote:Hi

Anybody any idea on this?

Thanks

If sponsor claims to be a student he will need CSI for you and him. Yes, annual policy as it's a form of insurance..