Youth mobility visa to EEA extended family application

[Camelsaddle]

Hello,

I am a Canadian living in the UK on a Tier 5 Youth Mobility visa that ends on April 23, 2017. My partner of 2.5 years is a Romanian student who just received her permanent residence card and has been in the UK for 7 years. We have resided together for all of the time we have been together minus the time that I was in Canada applying for the Tier 5.

I am in the process of applying through the EEA extended family application for an RC. Once I send my documents off I will have 7 weeks until my youth mobility visa expires. When I applied for the tier 5 visa it explicitly stated that I could not transfer to another visa, and I had to leave the country before the expiration date. If I stay while waiting on the RC will I be in trouble at the border in the future?

Also, our supporting documents may not be very strong. I received no mail in the first 9 months of living together and we only really have digital photos as evidence. We have considered marriage to solidify our rights in the UK, but from what I'm reading this may now be "marrying for convenience"? Is the EEA extended family application our best option?

Any advice would be greatly appreciated!

Joel

[CR001]

To qualify as 'durable partner', you are required to send rock solid evidence of cohabitation in 'a relationship akin to marriage' for a minimum of 2 years.

If your visa expires while you are waiting for a decision on the EEA EFM application, you will be considered and overstayer as you have no protection under section 3C of the immigration rules.

If you have been in a relationship and have evidence, unlikely it will be viewed as 'marriage of convenience'.

[MrSlyFox]

You might want to consider traveling outside of the UK and applying for an EEA family permit, then a Residence card upon your return to the UK. An EEA family permit also gives you the right-to-work while they process your application which according to the timelines on here might be longer than six months. Also means you won't have been considered an overstayer if they reject your application.

[Camelsaddle]

Wow, thanks for the quick and concise replies!

So if we get married and can more easily prove our relationship do my options change? Or will I be risking overstaying no matter what?

[CR001]

Marrying will be better as you are the a direct family member and your rights as spouse of EU cit are valid from the date of marriage. You should still apply for a residence card though.

You might not have enough time to register to marry in the UK though, especially if HO extend the notice period from 28 days to 70 days.