Can we apply for EEA unmarried partner visa?

[D4N1L01990]

Hello everyone,

I hope I have posted in the right section. Below is a summary of my situation:

- I am EU citizen, I have been living and working in the UK for 3 years, I have a permanent contract and I am planning on applying for the pre-settled status once the scheme fully opens.
- My girlfriend is non-EU, she did her Master's in London and stayed from September 2017 to September 2018, she came back in December 2018 for the graduation ceremony and her Tier 4 visa expires in January 2019. She won a scholarship and one of the clauses states that she'll need the written consent of the Home Office before she applies for a Tier 2 visa if she's had that scholarship in the last 12 months. Given that the scholarship ended in September 2018, she won't need that written consent from September 2019. At the end of the scholarship she went back to Serbia to her previous job as she didn't have any other means to support herself financially.

We met in February 2018 and started dating, then our relationship became "official" at the beginning of April 2018. After she left I visited her in October (6 days) and November (7 days) - I have kept the flight tickets. As said, she came to London for her graduation and stayed for 7 days and I am going to visit her again in January, again for 7 days.

On the UK Government website, in the page for family permits I read "You can also apply as an unmarried partner if you can show that you’re in a lasting relationship with the EEA national. Extended family members and unmarried partners are not guaranteed to get a permit. Your individual circumstances will be considered when you apply."

My understanding is that there are no specific and quantifiable requirements on the relationship - different from the spouse visa for example, for which they require at least 2 years relationship. My girlfriend is a bit worried that she may get that application rejected and that she'll have to declare if she'll be to apply for other visas.

Now, given that we can prove that our relationship is genuine and lasting, that we are putting effort to see each other every month, do you think we are in the position to apply for the extended family permit which will give her the possibility to come and visit me in the UK from time to time? If not, the only alternative is the tourist visa?

Still from the UK Government website "You must apply for a residence card if you’re the ‘extended’ family member of an EEA national and want to stay in the UK after your EEA family permit has expired." Do you think she can get the residence card automatically or more easily if she previously got the family permit?

To me this seems the best route to follow, but I'd like to hear your opinions too as you'll surely be more knowledgeable than me.

Many thanks in advance!

[CR001]

My understanding is that there are no specific and quantifiable requirements on the relationship - different from the spouse visa for example, for which they require at least 2 years relationship. My girlfriend is a bit worried that she may get that application rejected and that she'll have to declare if she'll be to apply for other visas.

For an Extended Family Member as an Unmarried partner, HO expects to see the same 'relationship akin to marriage' and 2 years proof of cohabitation and shared responsibilities.

Note that if she applies within the UK for EFM RC and her current visa expires while she waits, she won't have any legal status in the UK.

[D4N1L01990]

My understanding is that there are no specific and quantifiable requirements on the relationship - different from the spouse visa for example, for which they require at least 2 years relationship. My girlfriend is a bit worried that she may get that application rejected and that she'll have to declare if she'll be to apply for other visas.

For an Extended Family Member as an Unmarried partner, HO expects to see the same 'relationship akin to marriage' and 2 years proof of cohabitation and shared responsibilities.

In this case we will never be able to live together unless I leave the UK, right? How can we prove cohabitation and shared responsibilities if she's not allowed to stay? The other option is to wait until September 2019 and a company that could sponsor her I guess.

Note that if she applies within the UK for EFM RC and her current visa expires while she waits, she won't have any legal status in the UK.

She came to London just for a week, she is now back in Serbia and we are trying to understand what to do to be together.

[CR001]

Marriage??

[D4N1L01990]

Marriage??

Reading the UK Government website, marriage seemed even more complicated as it will take me 2 more years to get the settled status and we will need to wait more than a year in order to satisfy the 2 years' relationship requirement (and they will be without having the chance to live together). That's why I thought that the extended family member visa could have been easier, but maybe I am wrong.

Thank you very much for the help, I take this chance to ask the last couple of questions:

1) What do you think is the easiest and quickest way for her to move back to the UK? Considering that we have known each other for 11 months and been together for 9, my understanding is that we need to wait one more year before we can apply for the partner visa.
2) If she wants to come and visit me, she'll have to apply for the tourist visa, right? No chances that the Home Office will give her the extended family member visa even if in the application we state that it is just for her to enter and leave the country?

[CR001]

There is no '2 year' requirement if you are married and her rights in the UK would be automatic if you are married. The 2 year requirement only applies to unmarried partners.

[Casa]

Marriage??

Reading the UK Government website, marriage seemed even more complicated as it will take me 2 more years to get the settled status and we will need to wait more than a year in order to satisfy the 2 years' relationship requirement (and they will be without having the chance to live together). That's why I thought that the extended family member visa could have been easier, but maybe I am wrong.

Thank you very much for the help, I take this chance to ask the last couple of questions:

1) What do you think is the easiest and quickest way for her to move back to the UK? Considering that we have known each other for 11 months and been together for 9, my understanding is that we need to wait one more year before we can apply for the partner visa. You need to live together for a minimum of 2 years, with shared responsibilities such as joint finances and joint tenancy or mortgage throughout the whole period.
2) If she wants to come and visit me, she'll have to apply for the tourist visa, right? No chances that the Home Office will give her the extended family member visa even if in the application we state that it is just for her to enter and leave the country? No.

Marriage doesn't require evidence of 2 years co-habitation.

Edit: Beaten by CR001

[D4N1L01990]

Thank you very much to both of you, your contribution is very helpful and appreciated.

My last doubt is now regarding my status, as I will be able to apply for a pre-settled status next year and get the settled in 2 years' time. On the website they say I must "have settled in the UK (they have ‘indefinite leave to remain’ or proof of permanent residence)". I can have my employer write a letter in which they confirm I have been employed continuously in the last 3 years (and more if we'll get married), will that be enough to satisfy the Home Office?

[CR001]

There is no requirement to have PR to apply for a residence card for a spouse. You simply need to be a qualified person exercising treaty rights.