Leaving job: Tier 2 to EEA(EFM) - unmarried partner

[violet_1133]

Hi everyone,

Firstly, thank you for all your valuable advice - I've been reading posts for a while, figuring out the best route.

My boyfriend and I are gathering documents to submit an EEA(EFM) application but I come here with a few questions, seeking reassurances.

About us: I am non EU and have been in the UK for 5.5 years (first as a student and then working with Tier 2), whilst my boyfriend (EU citizen) has been in the UK for 5 years (working). He just applied for a permanent residency.

We have been together for three years, and living together for two. Although, Jan-Feb 2017 I was staying in the flat he was sharing with a flatmate, we officially moved into our own flat on 10th March 2017. Since then we have been living in our own apartment.

Due to some unbearable work circumstances, I am going to resign and give my notice but with this, a few questions arise:

• 1. Can we and should we apply for an EEA(EFM) for me now, before the 2 years of our first official move in date?
  
  2. If we can apply now, would a letter from his then flatmate, together with one or two other documents prove we lived together in the three months we were looking for a flat?
  
  3. Apologies if I should ask this one in a different thread - is it possible that my Tier 2 curtailment letter is sent to me before my last day on the job? At the moment, we are hoping that, even if I resign this Friday, we still have at least 4.5 months to sort and wait the EEA(EFM) application out (my notice period + the 60 day curtailment period of my visa after the HO letter arrives)
  
  4. After we apply, as the HO is keeping my passport, does this mean that I can stay in the country even if the decision making goes past the 60 day curtailment period on my Tier 2 visa? I am a bit confused as in the EEA(EFM) guidelines it says that I do not have a right to stay in the country during the decision making time but how can I leave without my passport? If they are still processing the application past the 60 day curtailment, should I just overstay until they return my documents? I don't want to break any laws!
  
  5. Is it an issue that my boyfriend already applied for a PM? Ideally we would have applied at the same time but unfortunately we were not aware of the change in my work situation until he after submitted the application.

Apologies for the lengthy post and thank you for any help/advice offered!

[kamoe]

Hi Violet

Happy to offer some advice, as this is similar to my own situation back in 2015-2016.

1. Can we and should we apply for an EEA(EFM) for me now, before the 2 years of our first official move in date?

The 2 years don't necessarily have to be in your own separate accommodation, so, provided you can show reasonable evidence that you did live together from Jan 2017, you should be OK.

2. If we can apply now, would a letter from his then flatmate, together with one or two other documents prove we lived together in the three months we were looking for a flat?

Yes, letter from your flatmate will help, specially as this is also a testimony of you guys being a genuine couple. Most importantly, some correspondence addressed to the both of you (or to each separately, but that are roughly around the same date), to that address would be ideal.

3. Apologies if I should ask this one in a different thread - is it possible that my Tier 2 curtailment letter is sent to me before my last day on the job? At the moment, we are hoping that, even if I resign this Friday, we still have at least 4.5 months to sort and wait the EEA(EFM) application out (my notice period + the 60 day curtailment period of my visa after the HO letter arrives)

What is relevant is not the date you receive the letter of your curtail leave (that's only a notification, not the end of your allowed permission to stay), but the last day this announces you can stay in the UK. I'm not 100% if the 60 days count from the day your employer informs the Home Office that your employment is ending, or from the day your employment actually ends. Bottom line, try and time things so that you get your RC before your current visa expires. You do not want to create gaps. At the moment the RC process is much faster (check on the timelines thread, but I think it is now about 2 months). By all means, if you can, send your application at least a month before resigning!

4. After we apply, as the HO is keeping my passport, does this mean that I can stay in the country even if the decision making goes past the 60 day curtailment period on my Tier 2 visa? I am a bit confused as in the EEA(EFM) guidelines it says that I do not have a right to stay in the country during the decision making time but how can I leave without my passport? If they are still processing the application past the 60 day curtailment, should I just overstay until they return my documents? I don't want to break any laws!

Unlike other immigration categories, having applied to the EEA route does NOT grant you the right to stay. That's why it's important to time this so that you do not have any gaps. So no, don't bank on sending your application as an excuse for overstaying.

5. Is it an issue that my boyfriend already applied for a PM? Ideally we would have applied at the same time but unfortunately we were not aware of the change in my work situation until he after submitted the application.

Not an issue. You'll get asked if he already has PR and to include this card with your application. If at all, it helps to process it faster.

Apologies for the lengthy post and thank you for any help/advice offered!

Anytime. Happy to help. If it's useful, you can refer to this post of mine about making a successful unmarried partner application.