EEA Family Permit - Unmarried Partner

[expat2013]

Hi,

The gf and I are about to submit the EEA family permit application. We have searched for the answer but still want to clear some confusion relating to financial requirements.

We have gathered that:

Extended family members must be wholly or mainly financially dependent on the EEA principal to meet his or her essential needs in order to qualify for an EEA family permit (durable partners do not need to provide evidence to show dependency on the EEA national).

Here is our question: Since she doesn't need to show financial dependency, does that mean she needs to show proof of income, job, bank statements, etc? From what we gathered online, it seems to suggest that the only financials that will come into review would be mine; for verification of employment:

Q4: Do I need to answer all the questions in the application form?

No.

In most cases, there is no need to provide any information about your financials or the non EEA employment. If the EEA national hasn’t been living in the UK, then his employment information is not relevant as well. Your future intentions are also not relevant so questions on your intentions or duration of stay also don’t need to be answered.

If you can’t leave a field empty in the online form, just write “not required for EEA Family Permit”.

However, I can't find any legislation stating that information. All I can find on the UKBA site is information implying that she will need to provide evidence of how she will fund her travels, etc.

Could someone shed some light on this topic, preferably by providing a link to the dialogue on the UKBA site?

Thank you!

[Obie]

I believe your have checked the wrong provision. #

I believe Regulation 8(5) is the regulation that will be applicable to your girlfriend.

An unmarried partner can be considered for an EEA family permit as an extended family member if they are in a durable relationship with the EEA national. The ECO will have to consider factors such as the length of cohabitation, joint finances, whether the couple haS children together to establish whether or not the relationship is durable. Each case must be looked at on its own merits. While regulation 12(2) makes provision for the issuing of a Family permit to extended family members (including unmarried partners), ECOs should be aware that only meeting the extended family member criteria is insufficient. Even where an ECO is satisfied that the applicant is in a 'durable' relationship, the ECO needs to go on to consider whether 'in all the circumstances, it appears to the entry clearance officer appropriate to issue the family permit' (Regulation 12(2)(c). Factors to be considered here are those set out at EUN2.7

[expat2013]

Thanks, Obie. We did see this, but concluded that it was related to one aspect of the review.

Surely that small piece of the regulation can't be the only criteria needed to be met by the unmarried non-EEA National.

And if that's the case, then I should just leave all questions relating to her job, pay, bank statements, etc. blank as suggested in my previous post. I would think it's a little condescending to leave answers blank or enter in “not required for EEA Family Permit”.

[Directive/2004/38/EC]

Thanks, Obie. We did see this, but concluded that it was related to one aspect of the review.

Surely that small piece of the regulation can't be the only criteria needed to be met by the unmarried non-EEA National.

And if that's the case, then I should just leave all questions relating to her job, pay, bank statements, etc. blank as suggested in my previous post. I would think it's a little condescending to leave answers blank or enter in “not required for EEA Family Permit”.

They ask all sorts of things on the application form.

She is not evaluated on her dependence. So questions about where she works, what she makes, who her boss is, and how much assets she has are not relevant.

Assets you have, and where you live in the UK are similarly not relevant. If you have been in the UK for more than 3 months, then it is relevant that you are working in the UK (or as "self sufficient with CSI), and so some of the questions do apply to you

I personally think answering some of the questions is a bad idea. Especially if you are married.

[Obie]

Notwithstanding the fact that you are a durable partner, i believe those question are in some respect totally irrelevant, under EU law, and also UK domestic law.

To qualify for an EEA family permit under Regulation 12(2), you are required to show that you are in a durable relationship for at least 2 years, with an EU citizen.

2. That the EEA national is a qualified person, or will be traveling within the next 3 months, or has resided in the UK for less than 3 months.

And in all the circumstances, it is appropriate to issue the card, given the strength of your relationship, or the difficulty your partner will face if the visa is refused.

[expat2013]

Alright...the application and supporting documents arrived in the NYC office this past Monday morning. We received the generic email yesterday afternoon stating that the package has been opened and the documents organized awaiting review.

We just got an email from them letting us know the permit was ISSUED! What a relief...and they were very quick with the review.

Time to get my girlfriend back to London in time for Spring!

Thanks to everyone who helped, and even those who have posted their experiences/knowledge.

Good luck to all those who are in the process of applying or are awaiting an answer!