Immigrationboards.com

Hi,

I'm the non-EEA unmarried partner of an EEA national (she has a Document Certifying Permanent Residence). I am on a Tier-4 visa (for a PhD) that expires on 30/04/2019. We have been living together in the UK for almost 3.5 years.

I understand I can apply to get a Residence Card (EEA (EFM)) but this will probably mean that I will be an overstayer even if I get the RC since the application takes up to 6 months and I only have two months left in my tier 4. I have also read that I will probably won't be able to work since we are not married.

1) Did I understand correctly that I won't be able to work?
2) Did I understand correctly that I would be an overstayer from 30/04/2019 and until my RC gets approved (if any)?
3) Would being an overstayer affect me if I want to come back to the UK as a tourist in the future?

I also read that I could leave the UK and apply for a Family Permit. I would not want to travel back home to get this (too expensive), so I was wondering if:

4) Can I go to the Netherlands and apply from there (I have 90 days of free travel due to my nationality)? Or do I need a long-term NL visa for this?
5) Is the FP a better route compared to the overstay+RC?
6) How long does it take to get a FP?
7) Would I be granted permission to work under an un-married FP?

Thank you

japplic wrote: ↑

Sun Mar 03, 2019 3:06 pm

I'm the non-EEA unmarried partner of an EEA national (she has a Document Certifying Permanent Residence). I am on a Tier-4 visa (for a PhD) that expires on 30/04/2019. We have been living together in the UK for almost 3.5 years.

I understand I can apply to get a Residence Card (EEA (EFM))

Based on the information you provide above, your understanding is correct, and you are eligible to appy for a EFM RC as unmarried partner.

but this will probably mean that I will be an overstayer even if I get the RC since the application takes up to 6 months and I only have two months left in my tier 4.

The 6-month mark is the legal maximum the HO has to issue a decision. This does not mean applications take that long. Check the latest timelines regarding Residence Cards. Seems like current timelines are much faster than they used to be a few years ago (check thread here), and it is possible to get a RC within a month or so. This is however not the case 100% of the time.

I have also read that I will probably won't be able to work since we are not married.

1) Did I understand correctly that I won't be able to work?

Correct. Until you receive your Residence Card, you will not be able to demonstrate your right to work, as you are unmarried.

2) Did I understand correctly that I would be an overstayer from 30/04/2019 and until my RC gets approved (if any)?

Correct. Because the EEA route is NOT a "visa" that is part of the immigration rules, the fact of simply having applied does not give you the right to stay (as I believe it would be the case if you were extending your Tier 4 visa). The EEA route is a confirmation of rights, and in the case of unmarried partners, this only takes effect on the day the RC is issued.

3) Would being an overstayer affect me if I want to come back to the UK as a tourist in the future?

Every case is considered on its own merits. Being an overstayer once does not necessarily mean you will be denied every other UK visa you apply for in the future. But not being an overstayer definitely puts you in a substantially better position than being one.

I also read that I could leave the UK and apply for a Family Permit.

Correct. This is your alternative if you do not want to risk being an overstayer.

I would not want to travel back home to get this (too expensive), so I was wondering if:

4) Can I go to the Netherlands and apply from there (I have 90 days of free travel due to my nationality)? Or do I need a long-term NL visa for this?

As far as I understand it, you can apply for a FP in any country that is not the UK. It does not have to be your home country or the country you currently reside in.

5) Is the FP a better route compared to the overstay+RC?

As I said above, it will definitely put you in a better position.

6) How long does it take to get a FP?

Depends on the country. In Colombia it was 3 days, when I applied back in 2016.

7) Would I be granted permission to work under an un-married FP?

I understand this is the case. Read this post of mine where I asked the exact same question.

I appreciate all the info.

I guess one option would be applying for an RC and then requesting my passport back in case my Tier 4 runs out. I've read tho', that if I leave the country, my application would be cancelled? And I suppose there is also a risk that they take forever to return my passport?

Regarding the FP, I took a look at the website of the processing partner in Amsterdam and it seems that I could pay for an express 5-day service plus pay to keep my passport as well. This seems like the most expensive but least risky option.

japplic wrote: ↑

Tue Mar 05, 2019 1:43 pm

I've read tho', that if I leave the country, my application would be cancelled?

Not at all, this understanding is incorrect. You will find multiple posts in this forum of people leaving the country while their RC is pending (including me, then having other issues , but not that the RC application is cancelled).

And I suppose there is also a risk that they take forever to return my passport?

In any case, allow sufficient time. At least a good week to receive your passport back, but this could be longer if, for example, your case is about to be decided, in which case they'll just process it as normal and return your passport back with the final decision.

Regarding the FP, I took a look at the website of the processing partner in Amsterdam and it seems that I could pay for an express 5-day service plus pay to keep my passport as well. This seems like the most expensive but least risky option.

Seems to be an option.

However, if you submit a correct and thorough application for a RC within the next few days, there are high chances that you receive your RC before your Tier 4 expires.

Supposedly you can also include a prepaid return envelope with the application and a cover letter asking for your passport to be returned upon receipt, and that should get it back to you in two weeks or so. I am unsure though if they would return the BRP, so going abroad would still be tricky, unless you then apply for the family permit. You can get prepaid special delivery envelopes at the post office.

sfljiaf wrote: ↑

Tue Mar 05, 2019 2:55 pm

Supposedly you can also include a prepaid return envelope with the application and a cover letter asking for your passport to be returned upon receipt, and that should get it back to you in two weeks or so.

Not supposedly; definitely. I have done this.

I am unsure though if they would return the BRP

They return any document you ask to be returned. I asked for the return of both my partner's and my passport, and my BRP. Got them with no problem.

I did it as follows:

1) I included an empty special delivery envelope, and put on it a stamp covering total weight of the documents you want returned (500gr is usually enough, but you can ask the person at the post office to produce a stamp with the correct postage, if unsure).

2) In a smaller envelope, I enclosed all documents I wanted returned, and wrote on the envelope:
This envelope contains:
- Document 1
- Document 2
- etc
PLEASE RETURN ALL OF THESE DOCUMENTS USING PREPAID ENVELOP ASAP


That will do the trick. Usually, they return the documents right after you submit your biometric details.

kamoe wrote: ↑

Tue Mar 05, 2019 3:19 pm

They return any document you ask to be returned. I asked for the return of both my partner's and my passport, and my BRP. Got them with no problem.

I did it as follows:

1) I included an empty special delivery envelope, and put on it a stamp covering total weight of the documents you want returned (500gr is usually enough, but you can ask the person at the post office to produce a stamp with the correct postage, if unsure).

2) In a smaller envelope, I enclosed all documents I wanted returned, and wrote on the envelope:
This envelope contains:
- Document 1
- Document 2
- etc
PLEASE RETURN ALL OF THESE DOCUMENTS USING PREPAID ENVELOP ASAP


That will do the trick. Usually, they return the documents right after you submit your biometric details.

I might do this instead since it seems writing a cover letter and asking for my passport right away wouldn't affect my application (I don't have a BRP, I have vignette).

I am planning to submit these documents for either the FP or the RC:

• Council tax bills for four years plus a letter they sent me saying for how long we were exempt (this letter covers three years and a half on itself).

• Cover and signature pages of our tenancy contracts plus a letter from the agency saying how long we have stayed in the property

• Couple of photos for every month we have been together, printed on normal paper with handwritten dates

• Ask my and her bank to print and stamp our monthly bank statements and write a letter saying that we have been account holders for so long in our address

• Plane tickets/boarding passes of all of our holidays together over 4 years

• All the bills that I can find to our names (joint or individual)

• Her Document Certifying Permanent Residence

• Our passports

I have some questions tho':

• Do I include whatsapp/texts if they are not in English?

• Do I write the dates next to each photo or do I screenshot something like Google's Photos website where the date is visible?

• Do I write a cover letter with a table explaining what documents cover what periods?

• Is there something I'm missing or that I should add?

japplic wrote: ↑

Tue Mar 05, 2019 6:51 pm

I am planning to submit these documents for either the FP or the RC:

• Council tax bills for four years plus a letter they sent me saying for how long we were exempt (this letter covers three years and a half on itself).

You only need to prove 2 years of cohabitation (Mar 2017- Mar 2019). And what you need is 6 pieces of correspondence addressed jointly to the two of you (bills and bank account statements count as correspondence if sent by post), coming from at least 3 different sources, and spread over the 2 year period you want to prove (Mar 2017- Mar 2019).

This means there is no need (or benefit) in covering more than 2 years of Council tax. Send only the two latest ones, or maybe three... if for some reason they do not cover a full period of 24 months (Mar 2017- Mar 2019). Remember you need to satisfy the other criteria as well, so don't include older council tax bills, and focus instead on documents from a source other than the city council, that are spread evenly over the same 2 year period you are covering (Mar 2017- Mar 2019).

• Cover and signature pages of our tenancy contracts plus a letter from the agency saying how long we have stayed in the property

Perfect.

• Couple of photos for every month we have been together, printed on normal paper with handwritten dates

Don't send more than 10 pictures. Too many will drown them with evidence. Just select ones that are evenly spread over the 2 year period (Mar 2017- Mar 2019).

• Ask my and her bank to print and stamp our monthly bank statements and write a letter saying that we have been account holders for so long in our address

Good but best if this is the actual statement sent by post, as this will count as pieces of correspondence.

• Plane tickets/boarding passes of all of our holidays together over 4 years

No need.

• All the bills that I can find to our names (joint or individual)

Again, don't send everything.

Bills are good if these are originals if they were sent by post & show your common address, and if they are evenly spread over the same two year period you want to cover (Mar 2017- Mar 2019). If addressed jointly to the both of you, pick 4 that are evenly spread (you already have 2 council tax bills to complete the 6 pieces of correspondence you need).

If at this point you already have 6 bills, including the council tax, stop here.
If you still don't have 6 bills addressed jointly to the both of you, then pick 2 bills addressed individually for each missing bill addressed jointly (so if you are missing 2 joint bills, pick 4 individual ones, 2 addressed to each of you).

If you still don't have the required bills, make it up with letters/invitations addressed to the both of you at your common address (the most important part being the envelope with your names, address, stamp and date).

Make sure all of the above covers the same 2 year period (Mar 2017- Mar 2019).

• Her Document Certifying Permanent Residence

Perfect.

• Our passports

Perfect.

I have some questions tho':

• Do I include whatsapp/texts if they are not in English?

If you included all the above, there is absolutely no need to send private communications, in any language. Better to secure a few signed letters of common friends vouching for your genuine relationship.

• Do I write the dates next to each photo or do I screenshot something like Google's Photos website where the date is visible?

As a purely personal opinion, I think it is worth investing in printing the photos in photographic paper (at Boots or Snappy Snaps), which renders a better quality and leaves less room for arguing a fake. This means you need to select good quality pictures, though. In my application, I wrote the date and place at the back of each photo.

• Do I write a cover letter with a table explaining what documents cover what periods?

Do what you think will make the life of the caseworker easier. I separated documents by type (bills, payslips, photos) and attached them together with a paper clip; then put little post-its on every collection of documents, with notes clarifying what those were.

• Is there something I'm missing or that I should add?

Check and double check the list of required documents that apply to your case in the guidelines to supoprting documents. That should be your go-to reference.

If at all it is useful, and in case I have not shared this already, see my post on how to prepare an unmarried partner application.

I'm filling in the paper form for the EEA(EFM) Residence Card. In Section 16 Public funds, do I need to answer yes if we both got a council tax reduction/exemption for being students?