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Hi,

I just left the UK as my Tier 5 visa expired. I want join my EEA boyfriend(settled) in the UK.
We gave notice last Nov but have not married. We lived together for 2 years but we don't have joint account or joint bills. Only have separate bank statements showing same address.

Here are my questions:
1. Would I have much chance to apply for Family Permit as an unmarried partner based on the evidence of giving notice? If so, shall I apply for EEA FP or EEUS FP? And if there is deadline to apply for FP and EUSS? (for example I apply for FM in June 2021 and apply for EUSS within 3 months.)
2. If I apply for EUSS FP mentioned above and get refused, would it affect my future visa application?
3. If I choose to get married first, can I still apply for EUSS as a spouse if I get married this year? If so, shall I apply for fiance visa and get married in the UK? or overseas marriage certificate is also acceptable to apply for EUSS?

Many thanks. Appreciate your help and advices.

duma321 wrote: ↑

Tue Apr 13, 2021 11:35 am

1. Would I have much chance to apply for Family Permit as an unmarried partner based on the evidence of giving notice?

If you are referring to the EU Settlement Scheme Family Permit then my own interpretation would be no, not a chance. But I concede that the wording on the EU Settlement page is somewhat ambiguous on this respect (see this post) and the best way to find an accurate answer would be through first-hand experience of people having been through the same process. I created a post precisely for that, but unfortunately has had no answers. This, in my view, sadly seems to point to a negative answer.

If you are referring to the EEA Family Permit then as per the wording on the relevant page, it looks like there is still room for unmarried partners to apply until June 30th 2021.

If so, shall I apply for EEA FP or EEUS FP?

According to the above, I would say more chances with the EEA FP.

And if there is deadline to apply for FP and EUSS? (for example I apply for FM in June 2021 and apply for EUSS within 3 months.)

For EEA FP deadline is June 30th 2021.
For EUSS FP, apparently there is no deadline. (That's only the apparent conclusion, I invite you to read the whole post).

2. If I apply for EUSS FP mentioned above and get refused, would it affect my future visa application?

Yes, potentially. See this post.

3. If I choose to get married first, can I still apply for EUSS as a spouse if I get married this year?

No. The family relationship (in this case the married relationship) needs to have started before 31st of December 2020.

If so, shall I apply for fiance visa and get married in the UK? or overseas marriage certificate is also acceptable to apply for EUSS?

As per above, my answer would be No.

duma321 wrote: ↑

Tue Apr 13, 2021 11:35 am

We lived together for 2 years but we don't have joint account or joint bills. Only have separate bank statements showing same address.

Cohabitation in itself is not sufficient, you need to show that on top of cohabiting you operated as a married couple; for the Home Office cohabitation and durable couple akin to marriage is not the same thing.

And I am afraid I just noticed that even though the EEA FP is still potentially open to unmarried couples, it does not seem that during your cohabitation period you operated as a married couple akin to marriage. A joint bank account might have helped, but having only separate accounts does point to separate finances, and that is a key aspect of the Home Office (not) accepting your relationship as durable.

Having given notice might help to prove your are a genuine couple, but is not a guarantee to prove you were durable before; which again, is the key criteria here. Future plans of relationship does not count, it's past relationship that's important.

This doesn't mean the doors are closed to you to continue your married life in the UK, just that you might need to consider the general family member route outside of the EUSS, given the case.

Hi,

Anyone can please answer me if I need to upload all the below documents to apply for EEA family permit? or just follow the government website requirements? many thanks.

1. Accommodation: Permanent/Temporary (*I need some explanation for this...does this mean my partner need to write a letter to explain I will stay in his flat?)
For example; hotel reservation, rental agreement, invitation letter from your host

2. Financial evidence (* Does this mean my or my partner's evidence?)
For example; bank statements, fixed deposit letter, financial reports, UK correspondence

3. Additional documents (*what to provide for this for family permit?)
Any other documents listed under your visa category on GOV.UK

4. Appendix II (*is there financial requirement to apply for family permit?)
Additional information on meeting the financial requirements when applying to join a partner, child or other family member who is settled in the UK

5. Consent letters and proof of relationship (*is this the right space to upload pictures of us?)
For example; birth/marriage certificate, sponsor letter from parents, custody/court letters

6. Employment evidence (*Does this mean my employment evidence?)
For example; employment contract, pay slips

7. Tuberculosis (TB) certificate (*I am really not sure what to provide for this...)
Certificate from your licensed medical provider

Thank you very much for your time, really appreciate some answers.