EEA: Over stayer/EEA partner - Pls help!

[Kakou2]

I am a Non-EEA over stayer who has been living with my EEA partner since June 2009 (we started dating in January, 2009). However, the only evidence we have to prove when we first started living together as a partner at our former accommodation is dated July 27th, 2009 for me and September 8th, 2009 for her. We moved to our present apartment in November, 2009 and have all the evidence to show cohabitation (bills, bank statements, tenancy agreement etc.)

My EEA partner is planning to make EEA1 application for registration certificate and adding me on the same as a Non-EEA unmarried partner under the “Durable relationship – 2 year rule so I could be granted Resident card.

My questions are:

1) Is there any issue with the fact that we do not have evidence that goes as far back as June, 2009 when we first moved in together and therefore needs to wait till July 27th or September 8th stated above before we can submit the application?

2) Is my partner’s EEA1 application, with me as the non-EEA unmarried partner on the same application, enough for us or I need to submit EEA2 application separately in addition to her EEA1 application at the same time?

3) Considering that I am an over stayer, what are the chances of being granted Resident Card in this circumstance?

4) We have always wanted to get married at a registry, but my partner is worried it might cause me to be removed from the U.K and we do not want that to happen.

Please help.
Thank you very much.

[Kitty]

How is your partner exercising treaty rights?

The system whereby you had to get permission to marry in the UK has been abolished, so you can get married at any time. Contact the Register Office to ask about giving notice etc.

The UKBA uses 2 years' cohabitation as a guideline when assessing a "durable partnership", but in EEA cases it is not set in stone.

I would say that if you are planning to get married anyway, then you should do so and apply for the Registration Certificate/Residence Card afterwards. It is so much simpler, and as a spouse you have automatic rights.

[John]

What evidence have you got that the two of you commenced to live together in June 2009? A Tenancy Agreement, for example?

The point is ... after someone moves to an address it is bound to take some time to get other evidence showing you are living there.

As already asked, how is your partner exercising Treaty Rights in the UK?

As regards marriage, given you are so close to the two years, if I were you I would submit the EEA1 and EEA2 forms first, before given the needed Notice of Intention to Marry at the Register Office. You don't want to take any chance that UKBA will arrest you as an overstayer, before you submit the EEA2 application.

[Kakou2]

How is your partner exercising treaty rights?

The system whereby you had to get permission to marry in the UK has been abolished, so you can get married at any time. Contact the Register Office to ask about giving notice etc.

The UKBA uses 2 years' cohabitation as a guideline when assessing a "durable partnership", but in EEA cases it is not set in stone.

I would say that if you are planning to get married anyway, then you should do so and apply for the Registration Certificate/Residence Card afterwards. It is so much simpler, and as a spouse you have automatic rights.

Thank you so much Kitty for the response.

To answer your question

My Partner is exercising treaty right as a worker. She works 35 hrs every week. Our concern is that giving notice at the registry leaves me open to the possibility of being removed from the U.K. We feel the need to make an application of some before marriage.

Since my partner wants to apply for a registration certificate too , if and when we apply, Is my partner’s EEA1 application, with me as the non-EEA unmarried partner on the same application, enough for us or I need to submit EEA2 application separately in addition to her EEA1 application at the same time?

Thank you.

[Kakou2]

What evidence have you got that the two of you commenced to live together in June 2009? A Tenancy Agreement, for example?

The point is ... after someone moves to an address it is bound to take some time to get other evidence showing you are living there.

As already asked, how is your partner exercising Treaty Rights in the UK?

As regards marriage, given you are so close to the two years, if I were you I would submit the EEA1 and EEA2 forms first, before given the needed Notice of Intention to Marry at the Register Office. You don't want to take any chance that UKBA will arrest you as an overstayer, before you submit the EEA2 application.

Thank you so much John. I have answered the question about my partner in the response to Kitty.

The evidence are letters from Inland revenue......

Thanks once again

[Jambo]

Is my partner’s EEA1 application, with me as the non-EEA unmarried partner on the same application, enough for us or I need to submit EEA2 application separately in addition to her EEA1 application at the same time

The EEA1 form is only for EU nationals. There is no section there to list non-EU on the application. Non-EU need to apply separately using EEA2. You can send both applications together.

[John]

What evidence have you got that the two of you commenced to live together in June 2009? A Tenancy Agreement, for example?

Can you answer that please.

Make the EEA1 and EEA2 applications at the same time. Your partner is clearly exercising Treaty Right as a Worker.

[Kakou2]

What evidence have you got that the two of you commenced to live together in June 2009? A Tenancy Agreement, for example?

Can you answer that please.

Thanks for the response John.

We have a letter date 28th of September,2009 in her name from HM Custom and Revenue and a bank statement in my name dated july 15th, 2009. But we moved into the apartment on 10th of June,2009. we were sharing the flat with another occupant.

[Kakou2]

What evidence have you got that the two of you commenced to live together in June 2009? A Tenancy Agreement, for example?

Can you answer that please.

Thanks for the response John.

We have a letter date 28th of September,2009 in her name from HM Custom and Revenue and a bank statement in my name dated july 15th, 2009. But we moved into the apartment on 10th of June,2009. we were sharing the flat with another occupant.

Are these documents enough as proof of the commencement of cohabitation for the purpose of EEA2 unmarried partner application????

please help.

[Directive/2004/38/EC]

Our concern is that giving notice at the registry leaves me open to the possibility of being removed from the U.K. We feel the need to make an application of some before marriage.

This does not make much sense to me. With the abolition of the certificate of approval, Registry offices are no longer concerned with permission to marry or with exactly what visa you are in the UK on. Registry offices just want to get you married. As do ChurchOfEngland vicars. Unless you are a very wanted person or you invited them as wedding guests or you are the prince and kate, I would not expect to find Police or UKBA at your wedding.

[Kakou2]

Our concern is that giving notice at the registry leaves me open to the possibility of being removed from the U.K. We feel the need to make an application of some before marriage.

This does not make much sense to me. With the abolition of the certificate of approval, Registry offices are no longer concerned with permission to marry or with exactly what visa you are in the UK on. Registry offices just want to get you married. As do ChurchOfEngland vicars. Unless you are a very wanted person or you invited them as wedding guests or you are the prince and kate, I would not expect to find Police or UKBA at your wedding.

Thank you very much Guru.

But since I have decided to apply on form EEA2 first, could please help answer this question :

We have a letter date 28th of September,2009 in her name from HM Custom and Revenue and a bank statement in my name dated july 15th, 2009. But we moved into the apartment on 10th of June,2009. we were sharing the flat with another occupant.

Are these documents enough as proof of the commencement of cohabitation for the purpose of EEA2 unmarried partner application????

thank you very much.

[Directive/2004/38/EC]

"Are these documents enough as proof"

There is no magic answer for you. The only way to find out is to apply. And include as much information as possible.

[smallpie]

kakou, according to the guru's on here, it wil be adviceable for u to do the wedding, the marriage approval certificate has been abolished..
so u can easily get on with yr marriage at the registry.. with that , yr application will go smoothly.
frm experience, if u applied as unmarried partner without concrete proof of 2yrs cohabitation, home office will return yr application that its not qualified enof as the proof of 2yrs cohabitation not shown/proven.
it happend to me b4 wen i 1st applied and i cldnt find our tenacy agreement docs for our old flat(2008), to show 2yrs together.
i only included the new flat tenacy agreement.. the ukba return it within 3weeks sayin we shld include evidence of 2yrs relationship.. which i later found and included it. i sent it bck and application was allowed as 2yrs relationship.

[rehan1002]

hi

My student visa just refused a 2 weaks ago and i have used all my three appeal rights, my lawyer made my case very complicated. anyway

I have EEA partner we are living together unmarried of last 5 months and we have proof of last 4 months, what should we do not?

and she is working as a self employed and just registered in self employed last week with HMR, she got her invoices and money is coming into account. and i am also working full time plz help us.

how can i get visa to stay in UK?

evidences: joint electricity bill of 2 months, individual bank statements on same address of last 3 three months, and I have enough bills on my name for more than two years.

[smallpie]

rehan, if u want to apply as unmarried partner, u will av to show proof of yr EEA partner working in the UK and 2yrs living together with yr partner, it coluld be joint bills with both names on it, joint bank accnt, or joint tenancy agreement for example bills with both name dated 2009.( according to home office). in yor case as u said, u only have 4-5mnths bills together, i dont think ubka will allow that.
the 2nd option for u is to get married in the registry and use only the marriage certificate to apply and also show the proof that your EEA partner is working in the UK.

[rehan1002]

thank you very much for you kind help,

One more thing that Some one told me i can apply in human rights that I cannot leave my girlfriend just because of having no valid visa or we have not together for enough period.

so do u think, it will work some how.

many thanks

Rehan

[smallpie]

i dont think that will work with human rights, as u are not legally tie together in terms of husband and wife.. but the best thing is to try get married inthe registry or wait till u get 2yrs bills together- joint (both names on the bills).

[rehan1002]

thank you once again One more thing

My company agreed to give me work permit but i donot have valid visa, as I told you UKBA refused my visa extention and also final appeal so what should i do now?

[smallpie]

i think the best thing to do at the moment when your visa has expired is to apply with your EEA partner. try get married or u apply as unmarried partners..with 2yrs proof of cohabitation. - but the marrige will be better.
and according to the EEA application, u dont need to have a valid visa. even if yr visa has expired, your application will still be considered.
make sure your partner is working, coz u wil need to put her payslips with your application.

[rehan1002]

thank you so much for you help and kind suggestion.

I need to ask one more thing please

If I want to fill up application for unmarried partners so which application should i use? EEA2, EEA4.?

many thanks

[Jambo]

EEA2.

As you been told already, your application is very likely to be rejected as you haven't been in a durable relationship for 2 years. Also note that for unmarried partners, you don't have an automatic right to live in the UK so applying under EEA rules will not mean that you have a valid visa.

[smallpie]

EEA2 , if u are non-european. applicant.

i applied as unmarried partners, (as a non-EEA) with relevant 2yrs and more cohahibitation documents.. and i got a COA letter to live and work in UK ,and my RC was issued.
so if u wana apply as unmarried partners, make sure u include your proof of 2yrs living together docs , or u go for application thru marriage .. all the best.

[rehan1002]

thank you so much for you help and kind suggestion.

I need to ask one more thing please

If I want to fill up application for unmarried partners so which application should i use? EEA2, EEA4.?

many thanks

[malinkaaa21]

HELLO! I AM EEA AND MY HUSBAND COME FROM ALBANIA NON EUROPEN COUNTRY WE ARE MARRIED SINCE 11.06.2010 AND WE HAVE 17 MONTHS OLD DAUGHTER I AM LEAVING WITH HER IN UK SHE ALSO BORN IN UK AND NOW I AM PRAGNANT IN 23 WEEKS. WE GOT REFUSED TWO TIMES VISA FOR MY PARTNER IN THIS YEAR AND NOW WE ARE WAITNIG FOR TRYBUNAL APPEAL AROUND 10/08/2011. WE MEET IN LONDON AND WE WAS LEAVING TOGETHER ALMOST 4 YEARS BUT MY HUSBAND COME TO THIS COUNTRY ILLEGALLY IN 2002 AND HE CLAIM DIFFRENT NAME AND NATIONALITY THAT TIME. IN HOME OFFICE THEY HAVE HIS FINGER PRINT AS DIFFRENT PERSON BECAUSE HE CLAIM ASYLUM IN 2002 AS SERBIAN NATIONALITY. PLEASE TELL US WHAT WE CAN DO NOW TO CHANGE HIS NAME IN HOME OFFICE FOR THE REAL ONE AND REAL NATIONALITY. HE LEFT UK IN 08/2010 WITH AIRPLANE WITH ALBANIAN TRAVEL DOCUMENT. PLEASE HELP WHAT WE CAN DO TO STRAIT THIS EVERYTHINK BECAUSE I AM WAITNIG FOR HIM REALLY LONG NOW AND SOON I DONT GONNA BE ABLE TO TAKE CARE OD OUR DAUTHER AND IF ANYTHINK HAPPEND TO ME SHE DONT HAVE ANY ONE TO TAKE CARE OF HER IN HIER.

[smallpie]

which country are u from in europe ? and what kind of visa application did u apply for your husband in homeoffice? and what did they say in the refusal letter?