EEA family permit for non-EEA partner. Long distance relatio

[Cupcake567]

Hi Everybody,

I am quite new to this forum but I found it is very helpful for many. I hope I will get answer to my questions too.

I took a look to previous conversations regarding EEA family permit for NON-EEA partner but I couldn't find exact answer to my questions. Basically, I am EEA national living in UK for almost 6 years. My partner is non-EEA and we have been together for almost 2 years now. We are unmarried, in a long distance relationship. I read documents regarding EEA route applications and I am wondering if any of you here were in the same situation and the application was successful? I am afraid if our emails/skype conversations/letters and pictures will be enough to prove a durable relationship? Any experience on this?

It is also quite confusing to figure out if my partner is allowed to work once in UK - some saying yes, some no. I can't find any legislation confirming that - can anybody point me into a right direction?

Do I understand it correctly, that FP is given for 6 months and then my partner can apply for permit to stay/visa for 5 years? Again, is it something easy to be granted or quite complicated process?

How long it usually takes from submitting the application and receiving the answer - it says up to 6 months, is it exactly 6 months based on experience?

I would be very happy if you can reply
Thank you.

[secret.simon]

Firstly, what is your nationality/ies (list all if multiple)?

Prima facie, your non-EEA partner does not qualify for an EEA Family Permit (FP).

To proceed on the basis of a durable relationship, you need to be something on the lines of a "relationship akin to marriage" i.e. that you live together, with bank accounts, mortgages, etc. Pictures and Skype conversations do not count.

It is also quite confusing to figure out if my partner is allowed to work once in UK - some saying yes, some no. I can't find any legislation confirming that - can anybody point me into a right direction?

If your non-EEA partner is granted an FP, it allows him/her to enter the UK, nothing more. The right to work and to stay in the UK for five years will start after s/he receives a Residence Card from the Home Office confirming their status as the family member of an EEA citizen.

[Casa]

You may want to consider marriage from what you have said, you haven't lived together and don't qualify as 'durable partners'. You mention a 'long distance' relationship. Have you actually met in person? There is no Family Permit for boyfriend and girlfriend.

[noajthan]

My partner is non-EEA and we have been together for almost 2 years now. We are unmarried, in a long distance relationship.

...

It is also quite confusing to figure out if my partner is allowed to work once in UK - some saying yes, some no. I can't find any legislation confirming that - can anybody point me into a right direction?

Do I understand it correctly, that FP is given for 6 months and then my partner can apply for permit to stay/visa for 5 years? Again, is it something easy to be granted or quite complicated process?

How long it usually takes from submitting the application and receiving the answer - it says up to 6 months, is it exactly 6 months based on experience.

3 replies so hopefully you're very content by now

A long-distance relationship is going to be very hard to pass as a durable relationship akin to marriage.
Although co-habitation may not be mandated under EU law it's a grey area; HO play hardball and apply their UK immigration regulations in this area.
It would help if you can show joint venture &/or even children (if the relationship has not been conducted at a distance in the past).

Yes, partner would be able to work in UK - certainly once a EFM RC has been issued. There's no mystery there.

None of this is easy or to be taken for granted. You will need to back your applications with good if not unimpeachable documentary supporting evidence every step of the way.

And forget the idealistic timelines (and free of charge documentation) as per the Directive - you are dealing with UK HO here.
You can track other members' experiences in one of the timeline threads.

[Cupcake567]

Thank you very much to all three of you for such quick replies!

From what all of you said I can see that its really hard to apply for EEA FP when we are not married and haven't lived together or have no joint account. But as you are more experienced than I am - can you please advise if nobody has never been granted a FT as unmarried partners? Reading some guidance on FP I found that you can be unmarried applying for FB and since each example is different, HO will decide if you are eligible to be granted it or not. Have you seen anybody lucky on this occasion?

If that is not helping - what in your opinion we can do now? Is VISA the only option here?

You may want to consider marriage from what you have said, you haven't lived together and don't qualify as 'durable partners'. You mention a 'long distance' relationship. Have you actually met in person? There is no Family Permit for boyfriend and girlfriend.

Casa - yes, we met in person. I was travelling to Morocco quite few times to see my partner. Of course, I have all stamps in my passport, so that may be another prove?

Thank you again all.

[secret.simon]

What nationality/ies do you have? Do you have British citizenship at all?

[Cupcake567]

What nationality/ies do you have? Do you have British citizenship at all?

secret.simon - thank you for your reply I am Polish, he is Moroccan. No British citizenship hold.

What would you advise?

Thank you.

[Wanderer]

Thank you very much to all three of you for such quick replies!

From what all of you said I can see that its really hard to apply for EEA FP when we are not married and haven't lived together or have no joint account. But as you are more experienced than I am - can you please advise if nobody has never been granted a FT as unmarried partners? Reading some guidance on FP I found that you can be unmarried applying for FB and since each example is different, HO will decide if you are eligible to be granted it or not. Have you seen anybody lucky on this occasion?

If that is not helping - what in your opinion we can do now? Is VISA the only option here?

You may want to consider marriage from what you have said, you haven't lived together and don't qualify as 'durable partners'. You mention a 'long distance' relationship. Have you actually met in person? There is no Family Permit for boyfriend and girlfriend.

Casa - yes, we met in person. I was travelling to Morocco quite few times to see my partner. Of course, I have all stamps in my passport, so that may be another prove?

Thank you again all.

Lots of people have been issued with permits for unmarried partners, but they've all lived together as man and wife for two years (a durable releationship) - as there is no proof of anything like this here you definitely do not qualify.

[Cupcake567]

Thank you very much to all three of you for such quick replies!

From what all of you said I can see that its really hard to apply for EEA FP when we are not married and haven't lived together or have no joint account. But as you are more experienced than I am - can you please advise if nobody has never been granted a FT as unmarried partners? Reading some guidance on FP I found that you can be unmarried applying for FB and since each example is different, HO will decide if you are eligible to be granted it or not. Have you seen anybody lucky on this occasion?

If that is not helping - what in your opinion we can do now? Is VISA the only option here?

You may want to consider marriage from what you have said, you haven't lived together and don't qualify as 'durable partners'. You mention a 'long distance' relationship. Have you actually met in person? There is no Family Permit for boyfriend and girlfriend.

Casa - yes, we met in person. I was travelling to Morocco quite few times to see my partner. Of course, I have all stamps in my passport, so that may be another prove?

Thank you again all.

Lots of people have been issued with permits for unmarried partners, but they've all lived together as man and wife for two years (a durable releationship) - as there is no proof of anything like this here you definitely do not qualify.

Thank you for your reply. What would you recommend in our case then? All suggestions are welcome.

Many thanks

[Casa]

Marriage?

[noajthan]

Thank you for your reply. What would you recommend in our case then? All suggestions are welcome.

Many thanks

Clearly in order to follow the EU migration path you need to live together (somewhere) in a relationship akin to marriage for 2 years (or more) or take the plunge and get married.

[Richard W]

If your non-EEA partner is granted an FP, it allows him/her to enter the UK, nothing more. The right to work and to stay in the UK for five years will start after s/he receives a Residence Card from the Home Office confirming their status as the family member of an EEA citizen.

FWIW, wrong! By Regulation 7(3), a current family permit, registration card (RC) or residence card (RC) converts an extended family member, e.g. a durable partner, into a family member for the purpose of the regulations. The family permit grants the right to work and provides an employer with a statutory excuse.

[noajthan]

No sight of FP on right to work checklist:
https://www.gov.uk/government/uploads/s ... r_2014.pdf

Nor here:
https://www.gov.uk/government/uploads/s ... nts_v5.pdf

But, either way, none of this helps OP and his fiancee with a plan to come to UK.

[Richard W]

No sight of FP on right to work checklist:
https://www.gov.uk/government/uploads/s ... r_2014.pdf

See my spin-off of this matter as a separate topic.

[Cupcake567]

Hi Everybody! Many thanks for your replies. Appreciate effort and your time.

Can you please advise - if we get married - can we bring him to UK to get married over here? Then as a wife and husband (without living together) do we have a chance for him to get EEA FP?

Thank you.

[Richard W]

Can you please advise - if we get married - can we bring him to UK to get married over here? Then as a wife and husband (without living together) do we have a chance for him to get EEA FP?

From what you have said, you appear to have permanent residence. If you earn more then £18,600, you could start on the UK family immigration route and bring him over on a fiancé visa, marry, and then live together under the EEA route. (Other conditions apply - it is likely that you meet them.) On marriage, he should apply for a RC immediately, as no reputable employer will employ him until he has a positive Certificate of Application. This route is not cheap - the fiancé visa fee is over a thousand pounds.

Otherwise, the only thoroughly legal option is to marry outside the UK. He can then apply for an EEA FP to join you in the UK.

There is the possibility of a marriage visit visa for you to marry in the UK, but your partner will have to convince the Entry Clearance Officer (ECO) that he intends to leave the UK once you are married.

[Cupcake567]

Can you please advise - if we get married - can we bring him to UK to get married over here? Then as a wife and husband (without living together) do we have a chance for him to get EEA FP?

From what you have said, you appear to have permanent residence. If you earn more then £18,600, you could start on the UK family immigration route and bring him over on a fiancé visa, marry, and then live together under the EEA route. (Other conditions apply - it is likely that you meet them.) On marriage, he should apply for a RC immediately, as no reputable employer will employ him until he has a positive Certificate of Application. This route is not cheap - the fiancé visa fee is over a thousand pounds.

Otherwise, the only thoroughly legal option is to marry outside the UK. He can then apply for an EEA FP to join you in the UK.

There is the possibility of a marriage visit visa for you to marry in the UK, but your partner will have to convince the Entry Clearance Officer (ECO) that he intends to leave the UK once you are married.

Richard W - many thanks for your reply. It looks that its much easier for those who are married. However, my concern is if 100% of married coples are granted EEA FP? If people are married but haven't lived together for 2 years will it count and is there a possibility to apply for this FP?

Thank you again.

[Casa]

There's no requirement for married couples to have lived together prior to submitting the FP application, but you will still have to convince the ECO that the relationship is genuine.
You'll never find statistics showing 100% success rate for any category of application.

[noajthan]

There is no need to live together for 2 years if married in order to apply for a FP; that's why you've been advised marriage will help.

There is still no cast-iron guarantee a FP will be issued, (some old married couples fail to get one first time round).
But as they say love conquers all.

[Cupcake567]

Thank you so much noajthan and Casa for your support

I have another question..sorry - how about visa for my partner. What will be the best visa and which one he can be granted? I know it's hard to get a VISA to come to UK. Any suggestions?

Thank you again.

[noajthan]

Thank you so much noajthan and Casa for your support

I have another question..sorry - how about visa for my partner. What will be the best visa and which one he can be granted? I know it's hard to get a VISA to come to UK. Any suggestions?

Thank you again.

If partner gets the FP (eg if you get hitched) that gives him entry to UK.

Once here, he doesn't need a visa to stay on (under EU migration route). That's where you come in, by exercising treaty rights, he gets to reside, work, study.
Viva free movement!