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URGENT - Unmarried Partner Visa
Posted: Sun Aug 20, 2017 5:37 pm
by achk
Hello,
My unmarried partner visa application appointment is coming up. I have completed the application form and will be handing it in person first week of Sept.
I just had another look at the application requirements - my partner who's sponsoring me is settled in the UK (from EEA & EU). However, he doesn't have a permanent residence card as 1) he hasn't applied for one 2) he's only been living in the UK for 4 years & you can only apply for one after 5 years.
As such, I wondered if I'm still able to apply for an unmarried partner visa with him as my sponsor? If so, will my application be accepted without a UK residence card? Can we just provide his passport & proof of employment?
Please let me know... Thank you!
Re: URGENT - Unmarried Partner Visa
Posted: Sun Aug 20, 2017 5:52 pm
by Casa
You are unable to submit an EEA application in person at a PSC.
7. When you can't use the service (includes):
applying for an European Economic Area (EEA) residence card or permanent residence card
applying for an EEA registration certificate as an unmarried partner
https://www.gov.uk/ukvi-premium-service ... he-service
What application form have you completed
Re: URGENT - Unmarried Partner Visa
Posted: Sun Aug 20, 2017 8:40 pm
by CR001
It would have been helpful if you had stated in your other topic that your partner is an EU citizen. This is a huge detail you have failed to mentioned and therefore were previously given the incorrect advice.
immigration-for-family-members/tier-5-g ... l#p1488538
I am assuming you have completed form FLR(M) and paid £900 odd plust the £590 premium service fee plus the £500 immigration health surcharge.
If you proceed with this application on FLR(M), it will likely be refused as you don't qualify for it and you will lose your fee paid.
You need to apply for an EEA Residence card, it is postal only and can take 6 months. Once your current visa expires, you have no legal status in the UK as an unmarried partner of an EU citizen.
Re: URGENT - Unmarried Partner Visa
Posted: Sun Aug 20, 2017 9:19 pm
by Obie
Unless of course the OP''s partner is Irish.
Re: URGENT - Unmarried Partner Visa
Posted: Sun Aug 20, 2017 10:02 pm
by achk
Hi all,
I was under the impression that my partner would qualify as someone that's 'settled' in the UK given he has been working here for 4 years. Clearly this is a mistake?
I have applied for the FLR(M) as you predicted. Does this mean my application will be considered as invalid?
If so & I apply for the EEA RC, can I work meanwhile I wait for my RC application? What are my options?
This is becoming very stressful due to a misunderstanding so late in the application.
Any advice would be appreciated! Thank you
Re: URGENT - Unmarried Partner Visa
Posted: Sun Aug 20, 2017 10:34 pm
by Casa
achk wrote:Hi all,
I was under the impression that my partner would qualify as someone that's 'settled' in the UK given he has been working here for 4 years. Clearly this is a mistake? 'Settled' means someone who has PR, ILR or is a British citizen. Your partner is neither of these.
I have applied for the FLR(M) as you predicted. Does this mean my application will be considered as invalid? YES
If so & I apply for the EEA RC, can I work meanwhile I wait for my RC application? What are my options? Only if you are issued a COA by the Home Office giving you permission to work while your RC application is being decided.
This is becoming very stressful due to a misunderstanding so late in the application.
Any advice would be appreciated! Thank you
Re: URGENT - Unmarried Partner Visa
Posted: Sun Aug 20, 2017 11:02 pm
by achk
Casa wrote:achk wrote:Hi all,
I was under the impression that my partner would qualify as someone that's 'settled' in the UK given he has been working here for 4 years. Clearly this is a mistake? 'Settled' means someone who has PR, ILR or is a British citizen. Your partner is neither of these.
I have applied for the FLR(M) as you predicted. Does this mean my application will be considered as invalid? YES
If so & I apply for the EEA RC, can I work meanwhile I wait for my RC application? What are my options? Only if you are issued a COA by the Home Office giving you permission to work while your RC application is being decided.
This is becoming very stressful due to a misunderstanding so late in the application.
Any advice would be appreciated! Thank you
Casa, thanks for the speedy response.
Are there any other options for me to apply other than the EEA RC? If not, that's the usual time line? When do people expect to get your COA? I have read that it has taken up to 6 months for some people. IF they COA comes back & says it's undecided/unclear if you are able to work... what are the options then? I'm asking as I need to be very transparent to my current employee if it comes to this.
Finally, my bf and I had planned to get engaged next year - due to this situation, we're happy to move the date up & register at our local office. As such, what would this change in my current situation? Also, would I still have to apply for a RC after marriage...?
Apologies for the lengthy questions.
Re: URGENT - Unmarried Partner Visa
Posted: Mon Aug 21, 2017 9:33 am
by achk
If anyone could help - it would be fantastic!
Re: URGENT - Unmarried Partner Visa
Posted: Mon Aug 21, 2017 11:40 am
by CR001
What nationality is your partner?
If you are married your rights are automatic under EEA regulations.
Re: URGENT - Unmarried Partner Visa
Posted: Mon Aug 21, 2017 11:54 am
by achk
My partner is Swiss & also have a French passport.
We're not currently married but is happy to expedite the process of that in order for me to continue to stay & work in the UK.
However, you have to give the registration office 28 days notice (in which case we're cutting it close) AND they have the option to extend this to 70 days in which case my current Tier 5 visa would expire beforehand. It's due to expire first week of Oct.
Re: URGENT - Unmarried Partner Visa
Posted: Mon Aug 21, 2017 12:20 pm
by CR001
You should be aware you also have a limited time to cancel your in person appointment.
The only option is to either marry abroad and return or apply for an unmarried ERA residence card.
Re: URGENT - Unmarried Partner Visa
Posted: Tue Aug 22, 2017 8:22 am
by achk
Thank you all who have helped on this topic. I spoke to a few immigration lawyers yesterday to get different opinions.
It seems my other half will now be applying for the Residence Certificate online, of which he will add myself as one of his dependents.
This is the only way I can apply for the 'residence card' while still being able to keep my passport.
Anyone who has experience with this application - please let me know if there's anything for me to beware of!
I will submit my application online and book an appointment with the local registration office to get my passport/doc certified and sent asap.
Re: URGENT - Unmarried Partner Visa
Posted: Tue Aug 22, 2017 5:30 pm
by Casa
How long have you been living together, with the documented evidence to prove this
Re: URGENT - Unmarried Partner Visa
Posted: Thu Aug 24, 2017 10:17 am
by achk
Casa, we have lived together just over 2 years.
We have provided:
- Rental agreement
- Electricity/gas/water bill
- Council tax bill
- Share credit card bill
- Share health insurance bill
- Flights going on holiday together
- Photos together in order to prove that...
Do you think this is enough evidence? We will be submitting the application next week.
Qualification for original documents?
Posted: Mon Aug 28, 2017 10:04 pm
by achk
Hi all,
I'm currently collating documents for my EEA Qualified person Certificate as an extended family member. Need to prove that my bf and I have been together for 2 years.
The document states that original documentation is required, however all of our bills, we do them online.
As such, I wondered if the documentation would be considered "original" or not?
Thanks so much.
Re: Qualification for original documents?
Posted: Tue Aug 29, 2017 3:23 pm
by achk
If anyone could help with this it would be great.
Re: Qualification for original documents?
Posted: Tue Aug 29, 2017 3:40 pm
by ribena
Hello,
Unsure what will HO thinks of online bills as original. But are you able to request bills to be sent to you?
Re: Qualification for original documents?
Posted: Tue Aug 29, 2017 4:19 pm
by tmonaghan
I think that if you have the bank account statements paper based and some other utility bills downloaded from the Internet such as for the gas and electricity invoices it should be ok. Because most companies now a day would provide invoices electronically. So the HO should have been briefed on that.. The opposite would surprise me...
Re: Qualification for original documents?
Posted: Wed Aug 30, 2017 8:21 am
by achk
Ah, I'm hoping that is the case... I will write a cover letter in case anyway.