Overstay or not?

[VictoriaV]

Hi everyone,
seeking an advise in my situation, please. I'm non-EEA in civil partnership with EEA. I submitted my FM application at the end of June. Then my partner went to her home country for family matter and unfortunately has got a car accident there. So now she is spending a lot of time at hospital (having operations and treatments), then some time at home, then again at hospital. It's hard to predict when she is coming back! My current visa will expired at the beginner of September. My questions are:
- If I stay after my visa expired and my partner join me in October or so, will I be overstated if our application eventually refused?
- Can I try to extend my current visa or swap into another category, during my application FM under consideration? (Already requested my passport back)
- Or should I leave the country to prevent overstating and back only with my partner?

Many thanks in advance!!!

[noajthan]

What visa do you have now?

How long has partner been away so far?
How long will partner be away for? (weeks, months)? you need to find this out.

[VictoriaV]

What visa do you have now?

How long has partner been away so far?
How long will partner be away for? (weeks, months)? you need to find this out.

Thanks a lot for your quick reply!!!
I'm currently on Tier4 visa which expired at the beginner of September. However, I could try to switch into another category like Tier5, if it will be legal during my FM application process?!
My partner left the UK on 29th June. Hopefully, she will have her last surgery in a week. So then it will be rehabilitation period for a month or so, as doctor says.
The earliest she will go back in the middle of September, so approximately her period of absence by this time will be 2,5-3 month. How it will effect on my application?
Do I have withdraw application at all if she will be absent for longer period?

Many thanks!!!

[noajthan]

Normally a Union citizen who resides in UK can be absent for 6 months in a 12 month period with no impact on their staus.
Or absent for a one-off exceptional reason for up to one year.

The problem is your status in UK as an EFM partner on EU route is not confirmed until the EFM RC is confirmed.

I don't know if your RC can be granted with your sponsor outside the country.
HO will also do checks such as contacting an employer. At least suggest contacting HO to advise of the situation.

Worst case: leave before UK visa expires; come back on a FP.