Confused on next step: EEA2 or renew FP

[SondraF]

Hey All,

Looking for some advice here. I am non-EEA unmarried partner (10 years) of EEA citizen, and we relocated to the UK in mid January. For various reasons I had my FP start from mid-December, so my FP is due to expire June 15. Unfortunately it has taken some time for us to find professional jobs, and while we have both been close, we have yet to close a deal. With the expiry date near, what are our options?

1) Go back to his home country of Sweden and reapply for a new FP. I have all our documentation from the first application, it would be cheap, fast, and we meant to go home to visit family around that time anyway. Would I need to include information about our cohabitation from the last 6 months too?

OR

2) Apply EEA2 as jobseeker (I assume this is a poor choice, however, compared to alternatives) or as self-sufficient. Under SS we would use my savings (£20K+), however it is only in my name, in US banks, in USD. Is that acceptable or is it a waste of time if we really just need 6 months further to keep looking? Also it would mean we couldn't travel for a bit.

Any thoughts? With the current sneakiness going on with the CoAs being sent out without right to work, and we are unmarried, I can just see that happening to us, so a longer FP for me for proof may be the better short term approach.

Of course, all this could change in a day should a job come through, but its best to have a plan and be prepared.

Thanks!

[Obie]

You would be able to obtain COA with a right to employment, as you are a family member under regulation 7(3) for as long as your EEA family permit has yet to expire.

You can use your USA savings, provide you can show that you have easy access to it. You will need CSI and then you should be able to apply for residence card.

Provided it is your intention to stay in ths UK for longer than 3 Months.

[SouthWest1]

You would be able to obtain COA with a right to employment, as you are a family member under regulation 7(3) for as long as your EEA family permit has yet to expire.

You can use your USA savings, provide you can show that you have easy access to it. You will need CSI and then you should be able to apply for residence card.

Provided it is your intention to stay in ths UK for longer than 3 Months.

hi Obie,

I think COA will not state right to work in this instance ( un-married couple). am i wrong ?

[Obie]

I am not sure if you are asking a question or making a statement of fact.

If it is a statement, then I will simply ask you the reason why a coa issued to an Extended family member with a valid EEA family permit, would or should not confirm a right to employment.

If it is a question, then I will simply say, in my opinion and according to the
law, and extended family member with a valid permit , is a family member within the meaning of regulation 7(3), therefore a resident card application would be dealt with as if it was made by a family member under regulation 17(1) and hence the same COA has to be issued In accordance with regulation 17(3), as opposed to an extended family member under 17(4) (5) , who are subject to the discrerion under those provision.

[Jambo]

CoA for unmarried partner will not confirm their right to work if this is the first application they make as unmarried couples. However if the HO has already acknowledged the relationship in a previous application (EEA FP), then the CoA should conform the right to work (same as married couples).

[SouthWest1]

I am not sure if you are asking a question or making a statement of fact.

If it is a statement, then I will simply ask you the reason why a coa issued to an Extended family member with a valid EEA family permit, would or should not confirm a right to employment.

If it is a question, then I will simply say, in my opinion and according to the
law, and extended family member with a valid permit , is a family member within the meaning of regulation 7(3), therefore a resident card application would be dealt with as if it was made by a family member under regulation 17(1) and hence the same COA has to be issued In accordance with regulation 17(3), as opposed to an extended family member under 17(4) (5) , who are subject to the discrerion under those provision.

It was a question. thanks for your input.

[SondraF]

Thanks for the input everyone!

I am concerned that I will get the CoA back without right to work, as I think there was an instance on here recently where someone did have the FP, unmarried partners, and still was refused right to work. That and the current "sneakiness" with the language about calling and appealing the CoA decision makes me hesitant to apply under Self Sufficient. To me it seems like there is the legal interpretation and then the UKBA interpretation, which often aren't the same thing. I may have rights here granted by the EU, but the UK is making it mighty difficult to allow me to exercise those rights!

More questions:

1) If we were to apply as Self Sufficient- are print outs of how much money I have in the bank in my US accounts enough? I mean they will see the weekly withdrawl at my local Barclays, but will UKBA need proof that the bank printouts are legit? I don't think I could get certified copies here in time, from two different banks in the US. Same with my partner who has accounts in both the US and Sweden.

2) We had wanted to take a trip home to Sweden anyway around the time that the permit expires. We can't do that if the UKBA has our passports if we applied as Self Sufficient because there probably won't be enough time to submit and request them back (though I suppose we could delay our trip). I think that was the primary driver for just doing a second FP.

3) We are staying rent-free with a friend right now for as long as we need, which obviously saves on a large portion of bills. Should we include a letter from her as well?

4) Is there anything wrong with applying for a second FP at this time? I am just thinking it may be easier for the situation rather than risking my employability with a poorly worded CoA and being dead in the water for a number of months on my end, even if my EEA national found work shortly after we applied. Pros and cons to this line of thinking?

[SondraF]

Bump.

Just for ease of answering, would like opinion on the following:

Can I/we just reapply for a new FP from Sweden? Will the fact that we have been living in the UK the last 4 or 5 months have any impact on the application, even if he has been exercising treaty rights by jobseeking?