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Unmarried partner of EEA citizen

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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melirr
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Unmarried partner of EEA citizen

Post by melirr » Wed Oct 12, 2016 3:16 pm

Hi,

I have been dating my EEA partner since October 2013. We went to same university and met after graduation.

I had to go back to my home country in May 2014, and he came to live with me in my home country in July 2014. We lived in a house owned by my family so we do not have a tenancy agreement. We lived together there until October 2015, for that period of time I can prove that he took residency permit of my country registered at our address, he has a private health insurance stating our address, received a receipt which has the address and his brother, parents and friend came to visit us at different periods of time. We also made some trips together, from my passport stamps they can see that everytime I went abroad I was with him.

Anyway from October 2015-December 2015 we lived in our family house in the UK and we have been renting our property since December 2015. I would like to apply for a residence permit but I do not know if they wouldnt count our cohabitation abroad as we lived in my parent's house. Could you please give me suggestions whether I should apply for this visa now or wait longer to collect more proof in the UK, we have been living together since July 2014.

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Casa
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Re: Unmarried partner of EEA citizen

Post by Casa » Wed Oct 12, 2016 4:06 pm

The Case Worker will be looking for documented evidence of a durable relationship akin to marriage for the two year qualifying period. Examples would be joint commitments such as a shared bank account and bills, joint finances and co-habitation.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

melirr
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Joined: Wed Oct 12, 2016 3:07 pm

Re: Unmarried partner of EEA citizen

Post by melirr » Wed Oct 12, 2016 4:33 pm

Thanks for your response, we can prove our address living together in the UK easily. What evidence I can give for living abroad together is:
His residence permit he acquired in my home country
Signed health insurance policy stating the address
A tax paper stating the address and letters from his family and friends stating they visited him with their itinerary.

I am just worried that they will not believe that we lived together abroad but I mean why else would he move there otherwise? I just want to know if they are strict with cases like this.

Also do I need to apply for the registration certificate or some other type of visa? He is currently employed and earns over 30K

noajthan
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Location: UK

Re: Unmarried partner of EEA citizen

Post by noajthan » Wed Oct 12, 2016 4:44 pm

You can get into head of caseworker assessing and weighing up your case, here:
https://www.gov.uk/government/uploads/s ... als_v3.pdf
All that is gold does not glitter; Not all those who wander are lost. E&OE.

melirr
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Posts: 6
Joined: Wed Oct 12, 2016 3:07 pm

Re: Unmarried partner of EEA citizen

Post by melirr » Wed Oct 12, 2016 4:55 pm

That helps thank you. So as I am already in the UK on Tier 4 visa, would I need to apply for a registration certificate or a family permit. I know if you are outside the UK they give you a 6 month visa initially to join your EEA partner. But in my case I am already in the UK, so will I initially receive 6 months permit and then apply for a 2 year permit? There is not clear distinction

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Unmarried partner of EEA citizen

Post by noajthan » Wed Oct 12, 2016 6:29 pm

melirr wrote:That helps thank you. So as I am already in the UK on Tier 4 visa, would I need to apply for a registration certificate or a family permit. I know if you are outside the UK they give you a 6 month visa initially to join your EEA partner. But in my case I am already in the UK, so will I initially receive 6 months permit and then apply for a 2 year permit? There is not clear distinction
You cannot apply for a FP if in UK as its a kind of visa used to enter UK.
There is no '2 year permit' so don't know what you mean there.

A RC is, in general, optional. Although with all wild talk of Brexit these days a RC is probably advisable.

However your university will be very concerned to confirm your status (their license is at risk if they entertain inappropriately registered students).
So you will probably need a RC to keep uni happy.
- talk to them.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

melirr
Newly Registered
Posts: 6
Joined: Wed Oct 12, 2016 3:07 pm

Re: Unmarried partner of EEA citizen

Post by melirr » Wed Oct 12, 2016 10:35 pm

noajthan wrote:
melirr wrote:That helps thank you. So as I am already in the UK on Tier 4 visa, would I need to apply for a registration certificate or a family permit. I know if you are outside the UK they give you a 6 month visa initially to join your EEA partner. But in my case I am already in the UK, so will I initially receive 6 months permit and then apply for a 2 year permit? There is not clear distinction
You cannot apply for a FP if in UK as its a kind of visa used to enter UK.
There is no '2 year permit' so don't know what you mean there.

A RC is, in general, optional. Although with all wild talk of Brexit these days a RC is probably advisable.

However your university will be very concerned to confirm your status (their license is at risk if they entertain inappropriately registered students).
So you will probably need a RC to keep uni happy.
- talk to them.
Sorry I didn't really explain myself clearly.
My student visa is expiring in January 2017, I'm done with my studies actually. My current employer is willing to sponsor my tier 2 visa, but I want an RC asap because I want to change my employer. So should I get a Tier2 visa first and as soon as I get it I can apply for RC ? And in case the RC gets refused can I still stay in the UK as I will have a Tier2 visa already ?

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Unmarried partner of EEA citizen

Post by noajthan » Thu Oct 13, 2016 12:21 am

melirr wrote:
noajthan wrote:
melirr wrote:That helps thank you. So as I am already in the UK on Tier 4 visa, would I need to apply for a registration certificate or a family permit. I know if you are outside the UK they give you a 6 month visa initially to join your EEA partner. But in my case I am already in the UK, so will I initially receive 6 months permit and then apply for a 2 year permit? There is not clear distinction
You cannot apply for a FP if in UK as its a kind of visa used to enter UK.
There is no '2 year permit' so don't know what you mean there.

A RC is, in general, optional. Although with all wild talk of Brexit these days a RC is probably advisable.

However your university will be very concerned to confirm your status (their license is at risk if they entertain inappropriately registered students).
So you will probably need a RC to keep uni happy.
- talk to them.
Sorry I didn't really explain myself clearly.
My student visa is expiring in January 2017, I'm done with my studies actually. My current employer is willing to sponsor my tier 2 visa, but I want an RC asap because I want to change my employer. So should I get a Tier2 visa first and as soon as I get it I can apply for RC ? And in case the RC gets refused can I still stay in the UK as I will have a Tier2 visa already ?
There is no connection between RC and T2 visa. A RC is not a visa.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

melirr
Newly Registered
Posts: 6
Joined: Wed Oct 12, 2016 3:07 pm

Re: Unmarried partner of EEA citizen

Post by melirr » Thu Oct 13, 2016 9:19 pm

so if I apply in November 2016 for the family permit (my student visa expires in January 2017) can I still keep working for my current employer? I have read in other forums that Extended family members applying for a permit for the first time cannot work until they receive their residence permit? Is that true?

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