Non EU Unmarried partner visa

[gc1411]

Hello and thanks for reading this. I am a non EEA national, and I have a Residence Card on the basis of living together with my EEA partner for more than 2 years. I am also studying a postgraduate course at a University as well as working.

This relationship is on the rocks at the moment, and I am getting very worried about what might happen to my visa if it doesn't work out between us. I hope it will, but if it doesn't, what are my options?

Specifically,

I could ask my University to issue me a CAS and transfer to a Tier 4 visa- can I do this? Can I do this from within the UK, or do I have to go back and apply? If I meet all the other criteria, can I safely assume that I should get the tier 4 visa?

I could ask my employer to sponsor me for a Tier 2 visa. Again, provided the employer agrees, can I switch within the UK or do I have to go back to my home country to apply? It will be the same job, not a new one.

Lastly, the reason this relationship is in trouble is because my partner has been cheating and this, as well as other behaviours of my partner have been emotionally hurtful. I have been drawn to self harm, depression, have had anxiety and panic attacks. It has taken me a lot of time and effort to come out and write this on this forum. Do these circumstances make a difference? I am a tax paying, law abiding person with a clean record.

If there are any solicitors out there who can help, please let me know about them as well. I am not rich though, have some savings, so unfortunately can't afford the most expensive of lawyers.

Thank you to all who try to help. It means a lot- trust me.

[noajthan]

Hello and thanks for reading this. I am a non EEA national, and I have a Residence Card on the basis of living together with my EEA partner for more than 2 years. I am also studying a postgraduate course at a University as well as working.

This relationship is on the rocks at the moment, and I am getting very worried about what might happen to my visa if it doesn't work out between us. I hope it will, but if it doesn't, what are my options?

Specifically,

I could ask my University to issue me a CAS and transfer to a Tier 4 visa- can I do this? Can I do this from within the UK, or do I have to go back and apply? If I meet all the other criteria, can I safely assume that I should get the tier 4 visa?

I could ask my employer to sponsor me for a Tier 2 visa. Again, provided the employer agrees, can I switch within the UK or do I have to go back to my home country to apply? It will be the same job, not a new one.

...

Thank you to all who try to help. It means a lot- trust me.

Tier 4 can be applied for from in/out UK.
There seem to be limits on work whilst studying so you would need to dig into that.

Tier 2 - can you go down this route if already working for the employer?

Sounds like you need some emotional support too, hope you have a support network of friends(/family) looking out for you.
Suggest speak to student support & NUS too.

Best of luck.

[gc1411]

Thanks a lot noajthan. Do I need to enclose any letter explaining my circumstances to the UKBA or should I just fill in the form as usual? I am thinking of getting the University immigration involved and get them to help me through the application.

I think that is the best option for me. My work will fall under the 20 hour/week limit, so that should be no problem.

Thanks again- other insights are welcome too.

[noajthan]

Thanks a lot noajthan. Do I need to enclose any letter explaining my circumstances to the UKBA or should I just fill in the form as usual? I am thinking of getting the University immigration involved and get them to help me through the application.

I think that is the best option for me. My work will fall under the 20 hour/week limit, so that should be no problem.

Thanks again- other insights are welcome too.

In my opinion/experience cover letters can (usually) help - they can give context, show you are a real person, explain or elaborate points that don't fit into the boxes.

So 'yes' to cover letters.

And 'yes' to involving Uni student support services or similar (NUS, CAB etc), especially if they have experience in immigration cases.

However, just had another thought - look into retained rights after a separation (EU rules) too.

I don't know if its possible for unmarried partners - it certainly is on divorce, (& have not been in this situation myself), but you may find you have have accrued enough from the relationship to keep you on under EU rules.

Maybe some EU-hands will care to advise too.
Good luck.

[CR001]

https://www.gov.uk/family-permit/retain ... -residence

Documents you must provide
You must provide:

a valid passport
2 passport size colour photographs
evidence of your relationship to the EEA national, eg marriage certificate, civil partnership certificate, birth certificate, proof that you’ve lived together for 2 years if unmarried

[gc1411]

Thanks Noajthan and CR001.

Noajthan, someone else I spoke to said I'll need to leave the UK and apply for entry clearance from outside. Are you sure about this?

I have searched the web and can't find any information whatsoever on switching from EEA family permit to Tier 4 visa.

CR001, thanks. I think that the retained right of residence doesn't apply to unmarried partners. It is unfair, but I think its true. The clause of 2 years living together you have posted I think is related to applying for the residence card initially I think.

Thanks all once again.

[noajthan]

...

CR001, thanks. I think that the retained right of residence doesn't apply to unmarried partners. It is unfair, but I think its true. The clause of 2 years living together you have posted I think is related to applying for the residence card initially I think.

Thanks all once again.

You initially stated you lived together for more than 2 yeers.
And the link on RoR website (provided above by CR001) is very clear too:

proof that you’ve lived together for 2 years if unmarried

It seems the way to go - at the very least worth digging into a little further.

[noajthan]

Thanks Noajthan and CR001.

Noajthan, someone else I spoke to said I'll need to leave the UK and apply for entry clearance from outside. Are you sure about this?

...

Thanks all once again.

I can't really comment on someone else's advice but the Gov UK website for Tier 4 is clear enough:

Apply in the UK

You can only extend your existing visa or switch to this visa if you’re already in the UK.

See https://www.gov.uk/tier-4-general-visa/apply

But see update on RoR above - that seems more viable.