Re: EEA EFM - Unmarried Partner - lack of mail from Canada

[smitk6]

Hi everyone

Just had a few questions around my application

I am currently on a Tier 5 youth mobility visa from Australia, I’ve been dating my Dutch partner for about 26 months now, where 7 months of that was long distance. We’ve been living together in the UK for about 14 months.


1) If I were to apply as an EFM in January 2017 (My visa ends at the end of February 2017), that would mean we have been living together for 1 year 10 months, would that be plausible? I’ve spoken to people on the helpline and they have told me that it should be fine.
2) If I apply in January 2017, I’ve been told I would get a temporary visa until a decision has been made, I have heard this takes up to 6 months – so if it does, my partner and I would have lived together for over 2 years, does that make a difference?
3) My partner and I had lived in Hostels and hotels together for the first 2 months of my arrival, does that count towards anything?

Thanks in advance!

[noajthan]

To avoid confusion & jumbled responses, I have moved your question to its own thread (this one).

[Casa]

What documented evidence do you have to prove a relationship 'akin to marriage'? The Case Worker will expect to see joint commitments, such as finances, tenancy agreement, bills etc in joint names. Also see section 5 for evidence of joint address during a 2 year period
https://www.gov.uk/government/uploads/s ... -04_KP.pdf

[noajthan]

Hi everyone

Just had a few questions around my application

I am currently on a Tier 5 youth mobility visa from Australia, I’ve been dating my Dutch partner for about 26 months now, where 7 months of that was long distance. We’ve been living together in the UK for about 14 months.


1) If I were to apply as an EFM in January 2017 (My visa ends at the end of February 2017), that would mean we have been living together for 1 year 10 months, would that be plausible? I’ve spoken to people on the helpline and they have told me that it should be fine.
2) If I apply in January 2017, I’ve been told I would get a temporary visa until a decision has been made, I have heard this takes up to 6 months – so if it does, my partner and I would have lived together for over 2 years, does that make a difference?
3) My partner and I had lived in Hostels and hotels together for the first 2 months of my arrival, does that count towards anything?

Thanks in advance!

1) Touch and go. HO plays hardball in this area.

2) There are no 'visas' on EU migration trajectory.
Its all about confirmatory documents - they confirm (but don't confer) your status.

It doesn't make a difference as the caseworker will assess and decide your case based on evidence in front of her nose.

Just because time is ticking away by whilst your bundle sits in some crate in HO HQ doesn't add any concrete evidence to your case.
Proving to HO that you have a relationship like an old married couple's is not just about elapsed time!

Yes, you will be issued an interim COA.
As an EFM it won't confirm any right to work. You will have to wait for a successful grant of RC for that.

3) Not really. It just makes it slightly harder to confirm residency and a relationship 'akin to marriage'.

[smitk6]

Thanks for the responses everyone.
I guess I'll have to apply closer to my visa expiry and keep my fingers crossed.

I imagine the majority of applications take 6 months?

[smitk6]

Sorry, forgot to ask, as I'm travelling overseas quite a bit, could I request having my passport sent back to me within a couple of weeks?

[noajthan]

Thanks for the responses everyone.
I guess I'll have to apply closer to my visa expiry and keep my fingers crossed.

I imagine the majority of applications take 6 months?

You can track other members' current experiences in the ongoing timeline thread.
Your mileage may vary ofcourse.

Be aware: non-EEA nationals will only have their passport returned (by request) if they are covered by some other leave or visa for UK whilst the RC application is processing.

[smitk6]

I'm currently in a difficult position

I am currently on a temporary Tier 5 application which expires in Feb 2017. I was going to apply for an EFM with my partner at the start of January. However, my current employer wants proof that once I make an application that I will be provided with a COA allowing me to work for up till 6 months or when a decision has been made.

Is there any way I can obtain information to provide my employer to show that this is the case? If not, I'm afraid that they will find a replacement just in case.

[vinny]

M.

[vinny]

If you apply for a residence card now, then your Tier 5 leave is still valid for over six months. But unfortunately, you may need 24 months proof of co-habitation documents.

Have you considered marriage?

[smitk6]

If you apply for a residence card now, then your Tier 5 leave is still valid for over six months. But unfortunately, you may need 24 months proof of co-habitation documents.

Have you considered marriage?

Thanks for the response - The reason I wanted to wait for January to make an application is that would mean we have lived together for approx. 1 year 10 months and have been together for almost 3 years. I know it’s not 2 years but theirs is another question in the application to explain why we haven’t lived together since the beginning. I am assuming this means there are grounds to acceptance outside of 2 year co-habitation?