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EFM partner advice needed please

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

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pie
Newly Registered
Posts: 2
Joined: Mon Feb 20, 2017 11:32 pm

EFM partner advice needed please

Post by pie » Tue Feb 21, 2017 1:24 pm

Hello all. I would be VERY grateful for any thoughts on my situation.

I am non EEA unmarried partner of EEA QP. We lived more than 10 years now together and I am an overstayer since before then. I had 8 years in total legal residence here then overstayed more than a year. Then left and came back on visitors visa.

Then I applied for a student visa here. Sudden health problems, couldnt attend classes. I plan to start in the next term but before that, Home Office sent a letter, saying they cant give student visa because I was not attending classes. No contact with Home Office since.

And I moved in with my partner. I do not have a criminal record and no benefits ever and I have been working and pay tax. My partner has customers built up over years its not possible to do in another country. We are engaged and would be married by now but there were too many obstacles and uncertainty. Very bad advice from a solicitor many years ago put us off doing anything.

Our genuine relationship proof is no problem but:

How much will/ can my bad immigration history count against me for EEA EFM in durable relationship?

Can they refuse me?

In immigration history breach question, can I just say I’ve been working for 'X' number of years as an overstayer or do I have to give the dates and company details and will they want to see proof of working, how much I earn or will they not dig deeper into that part of it?

How detailed should that answer be?

Is EFM definitely our best way forward?

All thoughts are much appreciated.

Thanks.

Just read that they are rejecting applications for incomplete, incorrect and irrelevant information. I was going to put almost everything I have proving we are a couple in my application. Can they really reject for too much information?

secret.simon
Moderator
Posts: 11261
Joined: Thu Feb 21, 2013 9:29 pm

Re: EFM partner advice needed please

Post by secret.simon » Tue Feb 21, 2017 2:01 pm

pie wrote:Can they refuse me?
Yes. See this thread of an EFM getting refused.
pie wrote:Just read that they are rejecting applications for incomplete, incorrect and irrelevant information.
Where did you read that? Can you link to it?
pie wrote:Is EFM definitely our best way forward?
It depends on your end goal. Your overstay has certainly shot any chance of British citizenship for you for at least 10 years. So, what are your end goals? Will your partner want to return to the EU post-Brexit? You may not have the time to acquire PR in the UK in that case. So, you need to start by firming up your plans for the next five to ten years and then take it from there.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

pie
Newly Registered
Posts: 2
Joined: Mon Feb 20, 2017 11:32 pm

Re: EFM partner advice needed please

Post by pie » Tue Feb 21, 2017 2:58 pm

secret.simon wrote:Thanks for reply
pie wrote:Can they refuse me?
Yes. See this thread of an EFM getting refused. I hope I have evidence to prove we are more than just flatmates for 10+ years. We have had five addresses over that time. No joint tenancy agreement, but few bills addressed as Mr and Mrs, Separate- All Bt bills, HMRC, bank statements, NHS etc. for all that time showing our address changed at the same time. We live in a one bedroom flat. And pictures going back 10 years where we have clearly aged.
pie wrote:Just read that they are rejecting applications for incomplete, incorrect and irrelevant information.
Where did you read that? Can you link to it? I have read so many I dont know where but I am trying to find it again.
pie wrote:Is EFM definitely our best way forward?
It depends on your end goal. Your overstay has certainly shot any chance of British citizenship for you for at least 10 years. So, what are your end goals? Will your partner want to return to the EU post-Brexit? You may not have the time to acquire PR in the UK in that case. So, you need to start by firming up your plans for the next five to ten years and then take it from there.
Our goal is to be together, here is where our life is- my partner has been here decades and has no plans to return- his work is here. I just want to be allowed to live here with my partner in peace, without fear- I don't necessarily want British Citizenship, unless down the line its the only way.

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