EEA 2 and UK unmarried partner visa

[Rainey]

Hi I just applied for a UK unmarried partner visa and was refused as broke conditions of my WHV and worked more than 12 months bummer. I have a New Zealand passport applied from NZ.

My question is that my partner also holds an Irish passport could I now enter the UK on a visitors visa then apply for a EEA 2 permit via my partners Irish passport??? Does the the fact I was refused a UK unmarried partner / settlement visa have any bearing on my EEA 2 application??

I have been with my partner 3.5 years and lived together for 2.5

Thanks in advance.

[thsths]

My question is that my partner also holds an Irish passport could I now enter the UK on a visitors visa then apply for a EEA 2 permit via my partners Irish passport?

That is an option, but I think it will be refused the same. The reason is that unmarried partners are treated under the conditions of UK law, and therefore a previous breach goes against you.

You can increase your chances significantly if you get married, but obviously only you can judge whether that is a good idea. Once married, you are covered by the European right of free movement, and then overstaying is no longer a reason for refusal.

Tommy