Unmarried Partner Visa? FLR (FP), OR FLR (M)?

[AdriS]

Hello,
I am trying to make my appointment online for the Priority Visa centre and paying the Healthcare Surcharge but am not sure which route and visa type to apply for. I think it's the Unmarried Partner visa, my goal is to stay here w my partner, and work.

- I am applying from inside the UK
- I was on a Tier 2 (general) but resigned from my job Feb 25, 2017 but no curtailment. Been here 3.5 years
- My sponsor is my French fiance, here in the UK working for 14 years so "settled"
- We have been living together 2+ years in the UK, and have the documenting evidence of a genuine relationship

Do I want:

Route: Further Leave to Remain (FLR) --- (not FLR "other" )

Visa type:
Family and Private Life FLR(FP)
or
Marriage: FLR (M)

Many thanks!!

[CR001]

If your partner is an EU Citizen, I am sure you apply for an EEA EFM residence card and NOT an application under the UK Immigration rules.

Do you have absolute rock solid evidence from numerous sources to prove the living together for 2 years 'in a relationship akin to marriage'?

[AdriS]

Hello - thanks for your reply. Ok so I would apply as an extended family member (unmarried partner)?

I am reviewing here: https://www.gov.uk/apply-for-a-uk-resid ... d/overview

To be clear, I was not dependent on him before coming here, or ever in my time being here. I entered before I knew him, so not coming here to join him. I've seen threads that make it seem "dependency" applies to "extended" family members (eea-route-applications/eea-residence-ca ... 85684.html)

Re. evidence, yes we have lived on the same lease solo since Feb '15, have a joint bank account for 18 months, have photos, and can produce more. We have been in a marriage-like relationship for 3 years.

He doesn't have a Permanent Residence Document to use in my application, but can supply P60s for the last 14 years, get bank statements, etc. I am seeing on this site, seems he can apply for his Residence Card and include me on the application, so I get a residence card too? https://www.gov.uk/apply-for-a-uk-residence-card/apply

If EEA EFM is the route I see it must be mailed in, do you know how long it would take until a decision? Do they have my passport so I can't travel?

Many many thanks!

[AdriS]

Hi again - Actually I see it says either dependent, or a member of household - so I think that question can be disregarded.

Problem with the EEA EFM residence card is I need to work ASAP and it seems the residence card can up to 6 months to come? My Tier 2 (Gen) was tied to a job I left Feb 25 and I need to get working asap... so would the Unmarried Partner Visa be the route? If so would I be under FLR (M)?

Thank you!!

[CR001]

FLR(M) is not applicable if you are the unmarried partner of an EU citizen. It would only be applicable if your partner was British or held ILR (UK immigration rules)

[Obie]

If OP''s partner is an EEA national and has a document certifying Permanent Residence, he is entitled to take the course he is taking. That way, his section 3C right will be secured.

[CR001]

If OP''s partner is an EEA national and has a document certifying Permanent Residence, he is entitled to take the course he is taking. That way, his section 3C right will be secured.

OP has already stated :

He doesn't have a Permanent Residence Document to use in my application,

[Obie]

The EEA dies not have permanent Residence document, but does have the right, which is automatic.

OP is entitled to apply for FLR (M) and the partner apply for DCPR and ask them to put an hold on the FLR (M). She can also apply for EEA (EFM), that way, she can secure her section 3C rights.

Applying for EEA residence card will create many problems for OP''s employment.

[CR001]

As the OP has left the Tier 2 General sponsor in February and likely a curtailment letter will be forthcoming, applying FLR(M), even if placed on hold pending DCPR, it will not give the OP any work rights as the OP is unable to work for anyone other than the Tier 2 G sponsor.

[Obie]

If the OP applies before the period of curtailment came to an end, then the conditions of the Old leave applies.

Even though not allowed to work for another employer as part of the last condition. She will be able to maintain continuity of her leave.

I take your PBS restriction point.

Until the CJEU reference comes through successfully and appeal right are restored , I will be inclined to advise people who are unmarried to apply under the rules than under the regulations.

[CR001]

Agree but given the timeline for DCPR and then a postal FLR(M), the OP is looking at many months of not being able to work or travel (as OP has stated the need for travel in a Tier 2 G topic earlier in the month).

[Obie]

Agree but given the timeline for DCPR and then a postal FLR(M), the OP is looking at many months of not being able to work or travel (as OP has stated the need for travel in a Tier 2 G topic earlier in the month).

This is why I advised that OP applies for EEA(EFM). Which ever comes out successful.

If they refuse FLR (M), she will have appeal rights if a certificate is not issued, for EEA (EFM), there are none at the moment.

I am not saying the Upper Tribunal is right in Sala, in fact I am pursuing it, but as things stand, it is the law of the land.

[AdriS]

Thank you both so so much for your help here. If I understand correct:

1) My fiance should apply for his DCPR
2) I should apply for the unmarried partner visa FLR (M)
---> I planned to do the Priority Service, but you are suggesting mail it in?
3) The FLR (M) secures my 3C rights so I can stay in the country while they are considering, or appeal if refused
4) I should also apply for the EEA (EFM) by post and pursue that
---> no 3C rights here
---> after EEA parter applies for his DCPR, or after he gets his document?
5) Who should ask them to put a hold on the FLR (M), and at what point in the DCPR/ FLR (M) process?
---> Does this mean I am waiting for EEA (EFM) to issue the COA with hopefully right to work?
---> Is this option better because it costs less? Or do I have better rights with this? I think FLR (M) is 30 months, and EEA (EFM) 5 years, so that of course would be better.

As mentioned, I hope to work asap as I've been interviewing with excellent companies who stated my only problem was the sponsorship. My goal is to continue interviewing with these companies, and get hired asap.

Also, I am booked to travel internationally on April 28 and I'm really hoping to be able to exit and enter.

If I have to pay the £2000 for the unmarried partner visa application and Priority Service, it would be worth it. My hope is an appointment in the next 2 weeks.

Thank you both so so much!!

[CR001]

You will only qualify for FLR(M) once your partner has received their DCPR based on my understanding of what Obie has said. The slight issue I see is that both applications are sent to two completely different departments. I am aware that a request to 'hold' an FLR(M) application until the partner/spouse's ILR (UK Immigration rules) has been decided is possible, but not seen anyone do this with DCPR and FLR(M).

You would have to apply FLR(M) by post as DCPR can take up to 6 months to be issued. You would not be able to work at all until you are granted FLR(M) unmarried partner visa and this, being processed after DCPR can take another few months.

EEA EFM gives you no automatic rights either and no section 3C, which will end on the date that the curtailment letter states when you get it. My advice regarding travel in your other topic still remains the same, it is risky.

[AdriS]

Thanks very much.

To be clear, I cannot apply for either option until my sponsor has his actual DCPR?

Is there anyway to prove he's "settled" in my application? Ideally for an in-person application at a Priority Centre so for the FLR (M)?

I've heard P60s, payslips,notice of income tax coding, bank statements, National Insurance or National Health Service registration issued by the Department for Work and Pensions or a local health authority, etc.

Many thanks!

[vinny]

The DCPR is just confirmation of an automatic PR.

What's the EU nationality?

[AdriS]

Thanks for clarifying the DCPR.

He is a French National, here 14 years, working the entire time.

Do you know if they will accept supporting documents to prove my sponsor's residency (P60s, payslips,tax notices, bank statements, etc) for the FLR (M) application? It's my understanding they will for EEA (EFM) but not sure for the FLR(M).

Also for the FLR(M), would doing the application in person at a Priority Centre with an immigration officer be advisable?

Many thanks!

[CR001]

Also for the FLR(M), would doing the application in person at a Priority Centre with an immigration officer be advisable?

An immigration advisor/officer has no bearing on your application and the caseworker is unlikely to ask them anything.

[AdriS]

Ok thanks.

My goal is travel internationally end of month, and have rights to work ASAP.

Therefore is it ok to book a Priority Service Centre appointment for same-day decisions? I am in London but see I can get into Glasgow for next week, so this is what I would like to do for the FLR (M) application.

Many thanks!

[AdriS]

Hi Again,

Change of plans, would really appreciate your input.

I am going to apply for an EEA Family Permit whilst on my trip end of month, so in Athens. I will apply as an unmarried partner with supporting documents to prove we are in a lasting relationship.

I will remain in Athens until the decision, and then hopefully return with the permit so I can enter, and work right away. I will apply for my residence card as soon as I am back in the country as well.

I hope employers will allow me to work with the Family Permit and then pending Residence Permit.

Is there anything I should be aware of with this process? Do you have any advice?

Many thanks!