EEA family permit application help!!

[ivyhope6]

Hiya,

I am from Hong Kong and planing to apply for EEA family permit to join my Polish partner in the UK. I am currently studying in Spain (Barcelona) for my PhD, and will finish at the end of July. We are not married yet but we are in a durable relationship (we are together over 5 years although because of study and jobs, we live together from time to time, and my Spanish student resident card will be expired in October. The questions are:

1. is it difficult to get the EEA family permit as an unmarried partner?

2. how long does the application takes to have the resolution?

3. There is a question in the application form that is confusing. "on which date you are expected to leave uk". should the date has to be within 6 months? since the EEA family permit is only valid for 6 months, and I am planning to be in the UK with my partner for around 3 years.

Thanks for help!!!

[sluvsj]

I'm not an expert but I am applying for the same permit next week after doing a lot of research. Here's the eligibility requirements: https://www.gov.uk/family-permit/eligibility
And here are the required documents: https://www.gov.uk/family-permit/docume ... st-provide

1. Since you are not married you need to prove that you have lived with your partner for 2 years or more. If your partner has lived and worked in the UK for 3 months or more you need to use the Surinder Singh route. Here's some more information about it: https://www.gov.uk/family-permit/surinder-singh
I suggest that you consider getting married because it looks easier to get the permit as a married couple in my opinion.

2. I have read it takes anywhere from 2 weeks to a month but I'm assuming it depends on your situation and where you currently live.

3. The estimated travel date must be within 6 months of your application.

Again, I'm not an expert so someone might correct any misinformation I gave you. Here's a big chunk of information on the permit in general. I found this really helpful:
https://www.gov.uk/government/publicati ... rmit-eun02

[cafeconleche]

What Surinder Singh route? The EEA partner is Polish, not British.

The unmarried route will be difficult because you both haven't actually lived together for at least two straight years, but you are welcome to give it a go if you have time/money. The issue is that you don't have an automatic right because you're not married, so they could easily tell you to take a hike if they are not convinced (and it's easy to not-convince these guys). You need not put down a date you intend to leave the UK, as you are seeking to permanently live with your partner. The application (are you talking about the family permit?) could take a couple of months. Again, because you're not married, there's no real pressure on the Brits to hurry up.

[ivyhope6]

Thanks a lot for the info!!

Agh, really? I saw the estimated resolution date is about 2 weeks, didn't expect this long. Do you think if it is better to apply this EEA family permit while I am in Spain? or it doesn't really matter? Since I will go back to Hong Kong in August for vacation, I am not sure if I can get the resolution before I leave...

Regarding the work, my partner is working as a research fellow in the UK for about 1 year. I have no idea about the Surinder Singh route.

But coming back to the application, since me and my partner are travelling between Barcelona and UK once per month to see each other, and I did my master study in the UK. Could it be convincing to prove our durable relationship? We have also a lot of travelling done together.

Thanks a lot for help again!

Ivy

[cafeconleche]

Forget about Surinder Singh. That's only relevant if an EEA national is bringing a non-EU partner with whom he/she lives in another EU country, back to his home country.

There's no telling how the Brits will see your durable relationship. With all the proof you have, it could work, but there is no guarantee, and no right for you to claim, as it's discretionary. So, if you're reluctant to get married, just try the unmarried route while you're in Spain - it might have to be transferred to HK - or wait until you're back in HK. How long will your holiday be?

Collect a TONNE of evidence (be prepared for them to see personal things about you) - photos, letters, emails, boarding passes, ticket reservation emails, passport stamps, etc.