Immigrationboards.com

Hello everyone,

I am currently a self-employed language tutor on a Youth Mobility Scheme visa which is expiring in a month's time and I've realised that I would really love to stay in the UK and continue my career and personal life here.

My French boyfriend is here and we have been together since 2017 (Jul 2018-June 2019, we were apart but we visited each other three times), we have never lived together apart from the weekends where we stay over at each other’s or when we travelled together. One of the reasons we never cohabited is also because my family is Chinese, very conservative and wouldn’t allow me to move out unless I am married. We would really love to continue developing our relationship here yet we think it would be insensitive to get married just for immigration reasons.

I have been advised that an EEA family permit is still possible even though we have never officially cohabited.

What are your thoughts on it? Would we be able to build a somewhat good case for HO?

victoriangkb wrote: ↑

Sat May 08, 2021 11:53 pm

I have been advised that an EEA family permit is still possible even though we have never officially cohabited.

By whom have you been so advised?

I think the chances of a family permit are fairly slim verging on non-existent.

A "durable partnership" is interpreted as being " a relationship akin to marriage", generally with cohabitation of two years or more and shared financial accounts (bank accounts, mortgages, etc), though other factors, such as a child together, can be taken into account as well.

What it does not cover is a boyfriend/girlfriend relationship.

Know that you are not the only one wondering this, so it is good that you ask.

To complement what @secret.simon already said:

victoriangkb wrote: ↑

Sat May 08, 2021 11:53 pm

we have never lived together apart from the weekends where we stay over at each other’s or when we travelled together. One of the reasons we never cohabited is also because my family is Chinese, very conservative and wouldn’t allow me to move out unless I am married.

This is why your chances are zero, I'm afraid.

You have not yet formed an adult family unit with your boyfriend, that is independent from the authority of your parents, and where you have taken on financial commitments as a couple. There is absolutely nothing wrong with this, but it means your relationship is not "akin to marriage", and therefore not eligible for this route.

I have been advised that an EEA family permit is still possible even though we have never officially cohabited.

I'm afraid there is also a lot of misinformation around, here and elsewhere, where people:

1. Interpret the sentence "unmarried partner" as meaning any couple that's not married.
2. Think that a relationship that is more than two years old automatically qualifies them for the unmarried partner route

As @secret.simon explained, "unmarried partner" means the relationship is "akin to marriage", in other words, the couple is already operating as a married couple, specially in financial matters.

And please note that even if you did have two years of cohabitation, that is only one of a number of usual requirements, not a sufficient requirement on itself.

It is true that sometimes couples with less cohabitation time can be successful, and it is true that the EEA unmarried partner family permit is still open until June 30th 2021, but as far as I know, that only works with very strong alternative arguments (having the joint responsibility of raising children being a usual one). So according to your description of your relationship, it does not seem that the advice to apply for a EEA FP is fit for your situation.

Last but not least, this does not mean you have to leave the UK if you are opposed to marriage right now. You can of course explore other immigration options to extend your stay (Student, Post Study, Work).

Thank you for your explanation, @kamoe. It was much clearer than mine.

kamoe wrote: ↑

Sun May 09, 2021 10:29 am

You have not yet formed an adult family unit with your boyfriend, that is independent from the authority of your parents, and where you have taken on financial commitments as a couple.

Indeed, this sentence is so clear that I may use it myself when these questions come up again (as I am sure they will).

Glad to be of help

Thank you for your helpful replies! I really appreciate it.