Extended Family Member, Special Case

[aryion146]

Hi! I thought I might post this to see what you guys think I should do, it is a set of circumstance that I really dont have anyone to talk to about so I'd really appreciate the help. I apologise if this is long; it takes a little bit of explaining.

I am a US Citizen here on an MA program for one year currently on a tier 4 visa. My partner is Spanish/Portuguese working here as a salaried employee. We have been together for 2 and a half years, and have lived together for 1 year and 7 months. Ultimately our goal is to start our life here- and I know this will be difficult if I can only find sponsorship. I have just recently found out about the EEA durable partner extended family member visa and this seems like the perfect option for me- almost too good to be true.

What my questions boil down to are:
Firstly, can I apply for this EEA extended family member residence permit?

Secondly, can I apply in the UK while I am here on a Tier 4 Visa?

Most importantly- I know that we should have 2 years of living together before we apply but we are nervous about brexit changing these laws. Would you recommend applying now with less than 2 years living together (but plenty evidence showing we are in a durable relationship) or would you recommend waiting until we do have that 2 year mark to go by, which would be next September.

Thank you so much and I really appreciate your time.

[sebasb21]

I did an extended family application and obtained temp residence not long ago.

I would recommend following strictly official laws and regulations. As i understand if you are here legally i would recommend to wait for the 2 years (get all the evidence you can, read the operations manual for the immigration officer it tells you exactly what they will check).

have you read this? https://assets.publishing.service.gov.u ... s-V6.0.pdf

I think that if your current visa lasts to get to the pre settle system to come online that is the way to go, if you are nervous wait for the 2 years and make an application for residence.

I will tell you what we did, my partner (EEA National) entered a registration for a EEA National as a QP (active worker), and added me as an extended family member.

We didn't had to prove our relationship because we already had a family permit that allowed me to enter the UK with her and in that process we proved our relationship beforehand.

So you will need to prove that and that your partner is a QP.

I'm not saying you have to do that, but that is what we did.

Good luck!