UK Residence Card Inquiry (American Citizen)

[songsoffreedom]

Hi There,

I am curious if I am in the UK on a tourist visa that expires in March and currently living with my British partner of three years
who is currently employed and we have more than sufficent evidence proving a healthy relationship and joint bank statements, tenancy agreements etc.
Am I able to apply for a UK Residence Permit? I read on a couple legal websites that it is possible? I just wanted to seek some input here on the forum. Thanks heaps!

[CR001]

You cannot apply within the UK to 'switch' from a tourist/visitor visa to a unmarried partner/spouse visa.

You would need to return to the US and apply from there meeting the financial requirement, 2 years cohabitation proof (if unmarried) etc.

[Casa]

As CR001 has advised, a minimum of 2 years co-habitation is required. You mention your partner of 3 years, but have you been living together in a relationship 'akin to marriage' for at least 2 of the 3 years and have documentary evidence to support this? Don't be tempted to overstay your visitor visa as this will only complicate future visa applications.

[CR001]

The other issue Casa is that if he provides proof of 2 years cohab docs and he has only been in the UK on tourist/visitor visas, will this create a problem as he would have been seen as 'living' in the UK if this is where the cohab docs show proof??

[songsoffreedom]

The below excerpt is from a unmentioned law firm.

'EEA Residence Card'
A non-EEA family member of an EEA national (for example a spouse, civil partner, unmarried partner, child, grandparent) who is already in the UK can apply for an EEA Residence Card so that they can remain in the UK with their EEA family member. This can benefit someone who is in the UK on any visa category or potentially someone who is here illegally."

Moving forward, I can apply from within the UK and prove that I have the right of residence here.

In terms of official paperwork, yes I can provide past and present co-habilitation.

Basically I am looking for any faults in my research and question?

At this stage it does appear that I can go forth and apply?

[CR001]

A British Citizen residing in the UK and their partners or dependents cannot use the EEA family route as the British citizen is not 'exercising treaty rights' in their own country. This would only work if you and your partner were in any other EU country, excluding Norther Ireland, or if your partner was a citizen of one of the EU countries and exercising their treaty rights in the UK.

Both of you being in the UK, you can only use the UK Immigration rules/visas applying from the US, and they cost substantially more than the EU route.

[Wanderer]

At this stage it does appear that I can go forth and apply?

No, as others have said those rules are for those EU citizens excersing treaty rights, fraid you have no option other than to apply from home.

[Casa]

CR001 the question of co-habitation on a tourist visa is a tricky one. A visitor visa would normally be refused if the entry officer believed this was being used to 'live in the UK' rather than visit. The OP may also need to confirm that there aren't any significant breaks in the 2 year period of co-habitation.

[CR001]

Thanks Casa, I asked the question as the OP has mentioned joint bank accounts and tenancy agreements - not the usual docs tourist have in the UK.

[Casa]

My thoughts too, especially with this warning from the UKVI
Your visa may be taken away (revoked) and you may get a long-term ban on visiting if your travel history shows you’re repeatedly living in the UK for extended periods

Another point to bear in mind regarding the mandatory financial condition of minimum annual earnings of £18,600. This must be earnings from at least 6 months of UK employment. If the OP and partner have been living together continuously and he is at the beginning of a 6 month visitor visa, how will the 6 month UK earnings period be met if they arrived in the UK together? If the partner has been in the UK for this length of time, then there would presumably be a gap in co-habitation.

[CR001]

Tricky indeed. I will be interested to know what the OP does, as clearly there is no 'easy' route.