EEA FM - Short of 2 years unmarried partner

[Noddie09]

Hi Everyone,

Myself (Irish) and my Australia girlfriend (Non EEA) are looking to join the EEA EFM bandwagon over the coming months. Unfortunately we don't meet the 2 year relationship threshold until 3 weeks before her Tier 5 expires. Can anyone give us any tips?

Will my Aussie girlfriend be ok to stay in the UK once the tier 5 expires?

Has anyone ever received EEA EFM with COA to work?? If not, any reason why?

The average time frame appears to be around 6 months which isn't too bad but we were hoping to get it done quicker. We're both in full time employment and have been for the past 2 years. I have been living in the UK for the last 12 years but have no plans to apply for a British passport hence this route is the only way.

Any help would be much appreciated!

Cheers,

[noajthan]

Hi Everyone,

Myself (Irish) and my Australia girlfriend (Non EEA) are looking to join the EEA EFM bandwagon over the coming months. Unfortunately we don't meet the 2 year relationship threshold until 3 weeks before her Tier 5 expires. Can anyone give us any tips?

Will my Aussie girlfriend be ok to stay in the UK once the tier 5 expires?

Has anyone ever received EEA EFM with COA to work?? If not, any reason why?

...

Any help would be much appreciated!

Cheers,

Timing is important. If gf's RC application fails she will be an overstayer.

First time applicants (not covered by a FP or current RC) won't get a COA with confirmation of right to work as EFMs don''t have an automatic right to work. Only Fms do.
Gf will have to wait for successful RC.

Similar case as fyi:
http://www.immigrationboards.com/eea-ro ... 16519.html

[Noddie09]

Hi Noajthan,

Thank you very much for moving my tread and for replying. I have been flowing your posts since early August and you appear very knowledgeable.

If my GF went back to Aus to apply for a FP which I believe is free? Would this mean she would receive COA to work?

Sadly we can't financially live in London without either of us working so we may just decide to move to Aus

Cheers,

[noajthan]

Hi Noajthan,

Thank you very much for moving my tread and for replying. I have been flowing your posts since early August and you appear very knowledgeable.

If my GF went back to Aus to apply for a FP which I believe is free? Would this mean she would receive COA to work?

Sadly we can't financially live in London without either of us working so we may just decide to move to Aus

Cheers,

My understanding is yes, gf would. Or she would most likely be denied at first instance (as is HO's typical knee-jerk modus operandi) but in such a scenario the refusal would be overturnable.
As gf would be considered effectively as a FM with a FP in hand. And a FP grants a right to work for an initial 6 months.

[Noddie09]

That makes very logical sense! The FP reconfirms that my GF if a family member and therefore denying her COA with work would be breaching my treaty rights.

The big question now is, can we get a FP within the UK or must she return to Aus?

[noajthan]

That makes very logical sense! The FP reconfirms that my GF if a family member and therefore denying her COA with work would be breaching my treaty rights.

The big question now is, can we get a FP within the UK or must she return to Aus?

FP is applied for out of UK, normally in country of residence.
It is unclear if one can go somewhere temporarily and apply from there; guidance is a little grey area.

[Wanderer]

That makes very logical sense! The FP reconfirms that my GF if a family member and therefore denying her COA with work would be breaching my treaty rights.

The big question now is, can we get a FP within the UK or must she return to Aus?

Aren't unmarried partners extended family members?

[noajthan]

That makes very logical sense! The FP reconfirms that my GF if a family member and therefore denying her COA with work would be breaching my treaty rights.

The big question now is, can we get a FP within the UK or must she return to Aus?

Aren't unmarried partners extended family members?

Indeed.
But if they have a current/valid EFM RC (or FP) they are treated, under the Regulations, as if they were a FM.
How cool is that.

[Noddie09]

That makes very logical sense! The FP reconfirms that my GF if a family member and therefore denying her COA with work would be breaching my treaty rights.

The big question now is, can we get a FP within the UK or must she return to Aus?

Aren't unmarried partners extended family members?

Indeed.
But if they have a current/valid EFM RC (or FP) they are treated, under the Regulations, as if they were a FM.
How cool is that.

Does that mean with an FP we could apply using EEA FM?

[noajthan]

Does that mean with an FP we could apply using EEA FM?

No, because you are not actually a FM you are an EFM if unmarried.
(In some circumstances you may be treated as if you were a FM; it does not mean you are a FM)

[Noddie09]

Does that mean with an FP we could apply using EEA FM?

No, because you are not actually a FM you are an EFM if unmarried.
(In some circumstances you may be treated as if you were a FM; it does not mean you are a FM)

Excellent, that makes sense! Looks like we have decided to get an FP. Hopefully this will cover our back when the tier 5 expires as well.

The fear of being an over stayer just isn't worth it! Really appreciate the replies.

[noajthan]

Excellent, that makes sense! Looks like we have decided to get an FP. Hopefully this will cover our back when the tier 5 expires as well.

The fear of being an over stayer just isn't worth it! Really appreciate the replies.

Applicant would only fall out of frying pan and into fire as an overstayer if EFM RC was to be refused (as EU rights would not fully kick in);
anyhow better safe than sorry as UKVI/HO don't take prisoners in current climate.

[Noddie09]

Excellent, that makes sense! Looks like we have decided to get an FP. Hopefully this will cover our back when the tier 5 expires as well.

The fear of being an over stayer just isn't worth it! Really appreciate the replies.

Applicant would only fall out of frying pan and into fire as an overstayer if EFM RC was to be refused (as EU rights would not fully kick in);
anyhow better safe than sorry as UKVI/HO don't take prisoners in current climate.

They sure don't! Do you reckon it's worth getting the FP just to try and increase our chances of getting COA with work?

After a few hours of research, there appears to be no reason why we couldn't apply for the FP in Dublin? It will only take 15 days.