Eea family permit unmarried

[harryjames]

Hi,

Im newbie here. Just want to ask about in applying Eea fp in UK. I am a Filipino citizen currently living here in Barcelona. I have a Spanish partner and we have been living together for 2 years now. I have a schengen visa before but I overstayed my visa. We have evidence that we are in a durable relationship akin to marriage like joint bank account in the Philippines, recidence certificate (empadronamiento) here in spain for more than 2 yrs, pictures, emails, bank statement same address, itinerary travel tickets together, xmas cards, letters from friends, etc.

Now my question, as I am non Eea national, am I allowed to apply EEA FAMILY permit unmarried partner at British Consulate in Madrid with an expired Schengen Visa? I've seen and read from the UKBA website about Metock Judgement that you don't need to be lawfully resident. Anyone who experienced about this?

Thanks