EEA national student and unmarried partner EFM

[cleopheus]

Hello,

I have been reading through the related threads for several days now but there are still some questions I cannot find answers to. Can someone please help me?

First, some background. My boyfriend is Italian. When he first arrived in the UK ten years ago, he worked for four years and then started full time education. He has been in full time education for six years. He has never purchased private insurance. I am Malaysian. I arrived in the UK to do a master's five years ago. I am now finishing my PhD study. I can apply to the doctorate extension scheme (one year work visa). I would like to apply to EEA Extended Family Permit as his unmarried partner. We have been together for over two years. By this July, we will have lived together for two years.

1. Will my COA come with a work permit or without a work permit if my sponsor is a student? I have found examples of both types on this forum.

2. Should my partner apply for the registration certificate? Will it help the application process if he has this certificate?

3. Does he need to provide financial proof? I understand that cash savings of more than 16000 pounds can count towards meeting the financial proof (at 2.5 pounds to 1 pound). He has a PhD stipend and some cash savings but it does not amount to 18600 pounds. Can I use my own savings and be his financial sponsor to top up his financial proof?

4. If I return to Malaysia and reside there for a few months, can I return to the UK and apply for the EFM without my partner supplying financial proof?

We have also asked a lawyer friend to assist us in the process. Based on our research, the application seems to be a bit hit and miss. We want to be as careful as possible in submitting our application. Your help is greatly appreciated.

[asian_atheart]

Hi there,

Your situation sounds similar to ours! Iam also a PhD student planning to apply on the extension scheme before I apply for the extended member of an EEA person. Except my partner is working full-time for 2 years now after his PhD

1. Will my COA come with a work permit or without a work permit if my sponsor is a student? I have found examples of both types on this forum.
Yes, most likely it will come without right to work-this is because you are an unmarried partner not because he is a student. But you can still base it on your Tier 4 or Tier 4 Doctorate extension. Also be warned that unmarried partners of EEA 'students' do not have automatic right of residence.Usually only married partners have a priority. It may help if he has some teaching hours/part time contract. Has he only studied all 6 years? Did he do any part time work?

2. Should my partner apply for the registration certificate? Will it help the application process if he has this certificate?
I think this could help to support your application-even if not necessary. We have decided to go via this plan. Your partner may already qualify for PR-by virtue of time spent in UK, if he applies for the EEA PR application -he can base this on his work period or student period. However as he did not have EHIC this will be difficult to claim treaty rights as a student-does he have all proof from his time as a worker? He will also need to get insurance here ASAP if he will need to support your application or apply for a registration certificate. EEA students need insurance or EHIC card to prove treaty rights.

3. Does he need to provide financial proof? I understand that cash savings of more than 16000 pounds can count towards meeting the financial proof (at 2.5 pounds to 1 pound). He has a PhD stipend and some cash savings but it does not amount to 18600 pounds. Can I use my own savings and be his financial sponsor to top up his financial proof?
Not needed for EEA member. PhD scholarship as a proof of supporting his living costs and tuition fee is fine. However, he WILL need insurance-all EEA residents not working and therefore not contributing NIN require insurance to prove not being burden on NHS.

4. If I return to Malaysia and reside there for a few months, can I return to the UK and apply for the EFM without my partner supplying financial proof?
No idea about applying from there-you will need a family permit to enter. However, (assuming) you are a non-visa national, you should be able to re-enter and apply inside the UK-although it may raise some red flags. However, I don't see why you could you apply for a EEA EFM while on your doctorate extension visa. When do you plan to submit/have your viva? the one year extension should count from then.

Hope this helps

[cleopheus]

Thanks for your reply. I will look into this. Not needing to provide financial proof is quite a relief.