Unmarried partner options - non-EEA & EU/British, 1y 4m relationship

[MMEU]

Hello everyone,

Apologies if this has been answered already, I have tried searching the forum but couldn't find a similar topic

I am trying to find a way for my unmarried partner to stay in the country after his current visa expires. The problem is we've only been a couple for approx 1 year and 4 months, and are not married. We have been sharing financials (joint account) and living together for the past year.

He is a non-EEA citizen in the UK on a Tier 5 visa which expires on 11th of September and can't be extended (he is 30 years old). At that point he will be in the UK for 10 years, however he does not yet qualify for PR as there was a period of 1 year which he spent abroad studying (exceeding allowed absence quota in 10 year period).

I am an EU citizen, and have also obtained British citizenship in June this year.

When his current visa expires we will be together for less than 2 years, which makes me believe we don't qualify for any the family visa options.

Are we missing something? I would assume there would be a path for somebody in our situation to be able to stay together in the UK, without being forced to either get married or leave, but I can't find one.

We are looking at EEA Residence Card or EU family settlement scheme (which, for unmarried couples, requires RC or Family Permit as well) options, but are there maybe any other paths which would be more appropriate

Has anybody ever been successful with an unmarried partner application as a partner of less than 2 years? I am also thinking if we have better chance of applying for a specific type of a family visa, are some family visas more flexible than others perhaps?

We don't mind trying for an RC, as I understand until the application gets answered he can stay in the country based on his expired Tier 5 visa. However I am not sure what happens if/when we get rejected on the count of not being a couple for long enough - can we apply again for a different family visa, or does he have to leave immediately?

I am baffled, seems like we're in this weird gap which isn't covered anywhere... or maybe we're just missing something. Any pointers will be greatly appreciated!

Thank you all in advance.

[Jaune08]

When his current visa expires we will be together for less than 2 years, which makes me believe we don't qualify for any the family visa options.

Are we missing something? I would assume there would be a path for somebody in our situation to be able to stay together in the UK, without being forced to either get married or leave, but I can't find one.

Indeed, I don't think you qualify for any family visa options at the moment. I will share my experience with you, as I was in a similar situation, and hopefully it will help you: my boyfriend was a British National and at the time, I had a EEA Residence Card as a non-EEA citizen (work allowed and residence permit) and I was living in an European country. At that point, we were together for year and a half (co-habited in this country) and we wanted to move in together in England.

We consulted a few lawyers and we were told that we had two circumstances against us: we fact we didn't qualify for a family visa and the length of our relationship. Since we cohabited for less than two years, we didn't meet the criteria for the partner route visa. On the other hand, even if we decided to get married and had all the relationship evidence, at the eyes of the caseworkers from Home Office, it might be suspicious to have a fast wedding after being together for less than 2 years. For this reason, we were advised to wait until we were together for 2 years to get married, and apply for a spouse or fiancée visa. And that's what we did.

We are looking at EEA Residence Card or EU family settlement scheme (which, for unmarried couples, requires RC or Family Permit as well) options, but are there maybe any other paths which would be more appropriate

As I've said, in my case I had a EEA Residence Card as a non-EEA citizen, and yet I must apply for a family visa in the UK as my boyfriend is British and I am non-EEA. In our case it didn't make any difference that I was a EEA Residence permit holder. However, you as a dual citizen, you can get him an EU family settlement scheme and live together in your home country. As far as I know, if you are living in the UK as a British citizen despite you are dual citizen, your partner should apply under your British "status".


I am not an expert nor immigration lawyer, but from what I see, I think you have three options really:
-He could apply for a Tier 2 visa
-You can get him an EEA permit and move together to an European country
-Get engaged/get married to be able to qualify for a family visa in the UK

In any case, I recommend you to seek for a professional solicitor's advice, as your partner's visa is about to expire soon.