EEA FAMILY PERMIT unamrried

[Jorge08]

Hello,

Im non EEA national living here in Spain. got Spanish partner and we have been living together for more than 2 years. I came here in Spain through Schengen visa. But my visa was already expired. so obviously I am overstayed now. We want to work and stay permanently in UK. We have proof of evidence that we are in durable relationships like empadronamiento (residence certificate), joint account both names, pictures, emails, letters, remittances both names, etc. now my question is:

1. Is it ok to apply EEA FP unmarried partner here UK embassy- Madrid even though I am overstayed?

[Obie]

Should not be a problem, i suspect. Your immigration status in Spain, should not in practice, really affect your application.

Provided of course, you are planning to join or accompany your partner, you are in a durable relationship, and in the words of 12(2)(b), in all the circumstance, it is appropriate to issue the permit.

[Jorge08]

Should not be a problem, i suspect. Your immigration status in Spain, should not in practice, really affect your application.

Provided of course, you are planning to join or accompany your partner, you are in a durable relationship, and in the words of 12(2)(b), in all the circumstance, it is appropriate to issue the permit.

Because I have read from the UKBA site that in applying EEA FP you don't have to be lawfully resident or normally resident in any country. Just want to clarify on this if there's anyone who knows about this. I've been in UK before as student visa way back 2009.