EEA Family Permit as an unmarried partner

[Mxandconfused]

Hi, I'm new here although I read the posts since like a year ago, anyway I do have a doubt now, I hope someone could give me some advice.

So it is as follows: I am from Mexico, I arrived to the UK in 2013 under a Tier4 visa for a masters degree and then enrolled in further studies under another Tier4 visa, my visa expired on November 2016 and during my stay in the UK I met my Polish partner (PhD student), we have been together for over 2 years (2 years and a couple months) we met at the beginning of 2016 and started our relationship roughly on May, we lived together that year for a couple months and spend a month in Poland with his family (Christmas time) and then I had to go back to Mexico (because I no longer had a valid Tier4 visa).

Then in May 2017 I visited him for 5 months (as a Mexican citizen I do not need a visa to visit the UK and the time limit is 6 months), we had a lovely time and of course I stayed with him in his flat the full length of my trip, and we went travelling to another country in Europe a week before I departed the UK. In December he visited me in Mexico for 6 weeks and stayed with me, we spent Christmas with my family and travelled around the country. In February for my birthday I went to the UK to visit for a couple months, again in April we went to Poland visiting his parents for a week and went back to the UK, I decided to stay for longer as some family was visiting the UK and they invited us to join their trip in June, I am still here in the UK and it's been 4 months and a week since I arrive

Here is were it gets tricky, we are going to a wedding in Poland next week and are planning to apply for a EEA Family permit as an unmarried partner, as you've read the time that we've cohabited is not 2 years as I cannot stay in the UK as I am only a visitor and my long two visits have been 5 months each. I'm not even sure if that time I've stayed with him counts legally towards "cohabitation" because I an visiting. Although, we have other proofs that our relationship is authentic such as skype records, messages, mail gifts and telegrams, travels together.

1. Do you think the time we've spent "living" together would be enough to proof that we are a legitimate couple?
2. Also, we've been discussing about getting married now that we are going to Poland, although we don't want it to be suspicious as a "convenience" marriage, do you think that would it be easier in order to obtain a EEA permit?
3. How can a couple proof 2 year cohabitation under circumstances similar to ours? I mean I no longer have a visa and not the kind of person who will overstay or stay illegally so how is it possible to get those 2 cohabitation years?
4. We have a joint testimonial of our relationship that we will submit, you think that will actually help?

So mucha hassle and we do not even plan to settle here in the UK but only until he finishes his PhD which will be in around a year and a half time, but we really want to be together and get married so all the hassle and this endless reading through immigration websites and documents is worth it.

Sorry for the long post and I'll wait for your kind replies

[CR001]

What documentary evidence do you have of cohabitation 'in a relationship akin to marriage'?

HO would expect to see tenancy agreements, council tax and utility bills, bank statements, payslips, etc. 'Joint testamonial' will carry little weight as will skype records, messages, mail gifts and telegrams, travel details.

As your partner is studying, do they hold Comprehensive Sickness Insurance??

[Mxandconfused]

HI! Thank you for your reply, we just have bank accounts as proof, he as a student doesn't really receive much correspondence and me neither as I was a student as well, do you think that would suffice? I mean we honestly don't have more stuff, the flat lease is on partners' and his brother name.

[CR001]

Without rock solid evidence proving two years cohabitation, your application as an extended family member (unmarried) will likely fail.

Does your partner hold comprehensive sickness insurance? This is required if a student and for your partner to be considered a qualified person exercising treaty rights. Simply living in the UK is not sufficient.

[Mxandconfused]

He is not covered by any type or insurance but we were planning to buy one for both of us these days if it is worth it to try with the application, but I don't know anymore if we can proof the time for cohabitation and we don't know what else to do.

[Casa]

Guidance for Case Workers assessing a 'durable relationship' akin to marriage:
"Evidence required for durable partners
A durable relationship is an unmarried partnership which has normally continued for
2 years or more. The evidence the applicant can provide may include:
• proof that any previous relationship has permanently broken down, for example
a:
o decree absolute for marriages
o dissolution order for civil partnerships
• evidence of cohabitation for 2 years, for example:
o bank statements or utility bills in joint names at the same address
o rent agreements
o mortgage payments
o official correspondence which links them at the same address
• evidence of joint finances, joint business ventures and joint commitments, for
example:
o tax returns
o business contracts
o investments
• evidence of joint responsibility for children such as:
o a birth certificate or custody agreement showing they are cohabiting and
sharing responsibility for children
• photographs of the couple
• other evidence demonstrating their commitment and relationship
You must always consider the individual circumstances of the application. For
example there may be instances when the couple have not been in a relationship for
2 years or more, but you are still satisfied that the relationship is subsisting and
durable. This may be, for example, where the couple have a child together and a
birth certificate showing shared parentage has been provided with evidence of living
together."

https://assets.publishing.service.gov.u ... s-V6.0.pdf

It may well be considered that you are currently in a boyfriend/girlfriend relationship rather than an unmarried partnership.
Without sufficient evidence of joint commitments, such as shared finances and both names on the tenancy agreement, it will be a challenge to prove a relationship 'akin to marriage'. Even more of a challenge when you are unable to show a continuous period of 2 years co-habitation.

You have the additional issue of your partner being without CSI during his study. Without this, he won't have been exercising his Treaty rights in the UK.

[Mxandconfused]

Is it possible to get a Comprehensive Sick insurance now if we want to apply for the permit? Would that count for him as "exercising treaty rights"? Or is it needed that he would have to have it since the beginning of his studies (he started in September 2015).
Many many thanks for your replies, you are angels.

[CR001]

If he gets it now, his qualifying time exercising treaty rights will only start now. The insurance cannot be backdated to 2015 unfortunately.

[Mxandconfused]

I see, so he has to be exercising treaty rights for how long in order for me to be able to apply for a family permit?

Im so sorry for all of this questions, I do read a lot about the topics but everything is very confusing.

[CR001]

There is no 'minimum' time. Your challenge is going to be proving your cohabitation in a 'relationship akin to marriage' as Casa has already advised if you apply as an unmarried partner.

[BIG Dobby]

If he gets it now, his qualifying time exercising treaty rights will only start now. The insurance cannot be backdated to 2015 unfortunately.

Once the new application online for pre-settled and settled statuses opens, there won’t be any need for insurance. Only uk residence

[Mxandconfused]

If he gets it now, his qualifying time exercising treaty rights will only start now. The insurance cannot be backdated to 2015 unfortunately.

Once the new application online for pre-settled and settled statuses opens, there won’t be any need for insurance. Only uk residence

Ok, but what does that exactly mean?
Thank you

[BIG Dobby]

If he gets it now, his qualifying time exercising treaty rights will only start now. The insurance cannot be backdated to 2015 unfortunately.

Once the new application online for pre-settled and settled statuses opens, there won’t be any need for insurance. Only uk residence

Ok, but what does that exactly mean?
Thank you

What it means is that you EEA national can bring their spouse to the uk based solely on their status as UK resident as part of agreement under Brexit. The application opens later this year