Tier 5 to EEA fam permit transitioning

[tdmac]

Hello,
This may have been asked before but as I looked at previous threads the answers did not seem very clear to me..

I am a Canadian citizen on a Tier 5 Youth Mobility visa that expires in December 2017 but I want to stay in the UK afterwards. My boyfriend of 5 years is Spanish and therefore I would like to get an EEA family permit as an unmarried but committed couple.
I currently have a good job in the UK and I would like the transition from the Youth Mobility Scheme visa to the EEA permit to be as smooth and quick as possible so that I don't have to take too much time off work or risk losing my job if it takes too long. What is the best way to do this?

I understand the EEA permit is good for 6 months and then I can apply for a residency card. Am I able to apply for the EEA family permit before the Tier 5 visa expires? What if I applied for the EEA permit 6 months before my Tier 5 is over (so in June 2017) so that in December 2017 I can directly apply for the residency?

[CR001]

Do you have rock solid evidence for a minimum of 24 months of cohabitating in a relationship 'akin to marriage'?

If you are in the UK, you apply for a residence card directly. EEA Family Permit is for applications made outside the UK.

You are considered an extended family member as an unmarried partner. Once your Tier 5 expires, you will not have valid leave to remain in the UK until your residence card application is approved. You have no automatic rights under the EU directive as an unmarried partner.

[Casa]

Do you have documented evidence that you have been living together in a durable relationship 'akin to marriage' for 2 years? This should include joint tenancy, shared finances, both names on utility bills etc.

Is your partner exercising his Treaty rights in the UK or does he have PR?

Edit: Beaten by Miss Speedy Fingers, CR001

[secret.simon]

Also worth knowing that if unmarried, you have no automatic right to remain in the UK and that you will be an overstayer with no right to work in the UK between the end of your YMV and the issuance of a Residence Card. Your right to remain and work in the UK will only resume when you are issued the Residence Card.

[tdmac]

Thanks for the reply everyone.

My partner is exercising his rights under the EU.
We have tons and tons of evidence of our relationship (we were long distance Canada-Spain for 3.5 years so plenty of emails and written proof exist) so that is not a worry.

If I can apply directly for a residency card without the EEA family permit, am I able to do this before my YMS runs out? Or is that a rule, that I cannot apply for another visa while this one is still active?

And how long do you reckon the application for the residency card takes? If it's quicker to get the EEA family permit first I don't mind going to another country to apply or going back home for a holiday and apply for that if it allows me to work again faster.

[Casa]

You may have missed the crucial issue here regarding qualifying as an Unmarried Partner. It's not about how long you have been in a boyfriend/girlfriend relationship (long distance or not). It's proving you've been living together for 2 years 'akin to marriage' with the documented evidence to support this.

[tdmac]

Thanks, I understand what you're saying now. I thought if you could show proof of an enduring relationship it didn't matter about living together because otherwise, how would a lot of long distance couples live together at all.

When I came to the UK in December 2015 is when we started to live together. My YMS expires in December 2017 and at that point it will be 2 years of living together. Will I only be able to apply for a residency or EEA family permit then?

[CR001]

Yes, a residence card not. The 2 year cohabitation is a requirement and you must submit evidence for the full period.

It is very important that you note the below, you will not have any automatic rights as an unmarried partner once your Tier 5 visa expires.

Also worth knowing that if unmarried, you have no automatic right to remain in the UK and that you will be an overstayer with no right to work in the UK between the end of your YMV and the issuance of a Residence Card. Your right to remain and work in the UK will only resume when you are issued the Residence Card.

[tdmac]

Ok thank you.

Then what I might do is at the end of the YMS in December, go home (stay over the holidays), from there apply for the EEA family permit, come back to the UK and apply for the residency card once I am back here. That way I will have the full 2 years of living together and I will not overstay the YMS.

Does this make sense?

[CR001]

Yes you can do that. Or you could get married, which would give you automatic rights.