EEA family permit unmarried partner

[davidezimolo]

Hello everyone!

I have been reading about different experiences concerning the possibility to obtain a EEA family permit and the answers that I found on this forum are pretty helpful!
However, I would love to tell you about my situation and I would love any help that you guys can give me! I would really appreciate that a lot.

I am a 23 years old Italian citizen who is moving to the UK next October for graduate studies. I have been in a relationship with an American citizen, 25, for over 5 years and we would love to move in together in England. The best option for making that happen seems to be getting the EEA family permit in order for her to be able to work while I study.
We are planning to eventually getting married, but we would like to avoid doing it this summer (also because of the short time we would have to get the paperwork etc. etc.).

Now, the only possibility seems to get an EEA family permit for unmarried partners. And this is when the tricky part starts. Because of immigration laws of both Italy and the USA we were not able to live together for more than 3 months at the time (and consequentially we do not have any of that documentation that the UK immigration services seem to want).
We have been spending quite a bit of time together (I was in the US for a total of 9 months in the last 2 years, and she spend a lot of time with me in Italy as well) and when we were not together we Face Timed and messaged pretty much daily. Neither of us has ever had a well-payed job (we were both in school) and we do not have a lot of money right now, but we have full support of our families and we would have no problem showing evidence of enough funds for self-sufficiency.

Would a proof of all that, together with letters of family and friends be enough for a successful application?

I am really thankful for any help you can give us.

Cheers!
Davide Zimolo

[noajthan]

You will need good documentary supporting evidence of a durable relationship 'akin to marriage'.

EU law does not really pin that down in detailed requirements so UK has simply utilised its UK regulations and applied them for EU cases.
A girlfriend/boyfriend or fiance/fiancee type of relationship is not likely to pass muster.
Evidence of cohabitation (for 2 years) and joint plans/joint venture is looked for; for example child/ren may help the case.

Ofcourse as a visafree national your fiancee could probably come to UK but she would still have to apply for a RC as the extended family member of a Union citizen. And you would face the same issues in demonstrating a durable relationship.

You may want to look again a marriage which would simplify matters considerably (in immigration terms at least).

[davidezimolo]

Thank you very much for your reply.

What happens if we do get married? Do we really need an EEA family permit? After reading this (http://www.immigrationboards.com/eea-ro ... 14867.html) it seems like she wouldn't really need it since she is a non-visa national, but what would happen in practice?

Thank you again for the support.

[noajthan]

Thank you very much for your reply.

What happens if we do get married? Do we really need an EEA family permit? After reading this (http://www.immigrationboards.com/eea-ro ... 14867.html) it seems like she wouldn't really need it since she is a non-visa national, but what would happen in practice?

Thank you again for the support.

As above, as a visafree national your fiancee could probably come to UK; you would both have an initial 3 month grace period but then fiancee would still have to apply for a RC as the extended family member of a Union citizen.

You would then face the same issues in demonstrating a durable relationship and may well be refused at that point.
If refused then fiancee would have no basis to remain in UK and would be 'invited' to leave.

If married, a FP may smooth initial entry into UK but your wife could enter UK with you by brandishing her marriage certificate (and with copy of Directive in backpack as back-up).
If married then the RC is optional and your wife would have the right to reside, work and study (after the initial 3 months grace period) as long as you (as sponsor) are exercising treaty rights.

[davidezimolo]

So basically we don't really need an EEA family permit if married, right? We could just get married and go to the UK together with our marriage certificate and my spouse should be able to clear entrance as my family member and with full ability to work. Is that correct?

[noajthan]

So basically we don't really need an EEA family permit if married, right? We could just get married and go to the UK together with our marriage certificate and my spouse should be able to clear entrance as my family member and with full ability to work. Is that correct?

Yes, if you can face the questions, some stress and delay at border. In principle you should be admitted if IO goes by the book (UKBF Ops Handbook).

A FP would still smooth the way.

[davidezimolo]

Would she need to get an Italian living permit before doing either one of the options or not?

And thank you so much for your support!

[noajthan]

Would she need to get an Italian living permit before doing either one of the options or not?

And thank you so much for your support!

What is meant by: 'Italian living permit'?

[davidezimolo]

The "permesso di soggiorno", I don't know the proper translation, maybe residence card.

[noajthan]

The "permesso di soggiorno", I don't know the proper translation, maybe residence card.

Ah I see.
Well its not necessary to have one to apply to enter UK.
There may be value in having one in case you ever need to return to Italy.