EEA route - any chance or not?

[mike#23]

Hi all,
I have a quick question on the EEA Family Permit and I'd truly appreciate your help. I've read the laws and regulations and I've gone through some posts on the board, but every case seems to be different, thus I thought I would ask and maybe someone would be kind enough to help.

I am an EEA citizen living and working in the UK for the past 1.5 year. My girlfriend is Ecuadorian and we've been together for a bit under a year, although we've known each other for over 3 years. We don't really see each other too often due to considerable distance, but we talk lot every day over the Internet (Skype, Viber, etc.) which is obviously not enough, although this is the best we can get for now.

We've been trying to get her to the UK so we can live together and we decided to start with the student visa as it seemed like quite a reasonable option. However, it turned out that for Tier 4 visa she would need to have some English certificates passed to prove the proficiency in English (which she currently doesn't have), while the Student Visitor visa didn't really make much sense as I would have to spend a lot of money on the course which wouldn't grant her any working rights and if I have to move because of my job, I will never get that money back.

Long story short, we've decided to at least investigate the EEA Family Permit. I make much more than the treshold of £18k, so I would be able to provide for both of us while she is here. However, my concerns are:
1) Will we be eligible for the visa at all or is it more of a wishful thinking (not married, don't see each other too often, haven't been together for too long, haven't lived together)?
2) Does it make any sense to fill the application or could it impact our chances for any partnership visas in the future if the application is denied?
3) If we have no chance for EEA Family Permit visa, what can be done to increase our chances in the future (e.g. vacation together, common hotel reservations, etc.)?
4) Would it make any sense to go to the immigration lawyer to obtain help on this matter?

As mentioned before, I would be really grateful for any comments and suggestions.


Many thanks,
Mike

[357mag]

If you get married it would be easier.

[mike#23]

Hi 357mag,
Perfectly get it and fully understand, although we both want to live together for a while first before tying the knot.

Cheers,
Mike

[357mag]

For EEA route you would need to prove 2 years durable relationship. many coutries insist proof of living togethe for 2 years.

[Anna912]

Hi Mike!

EEA-route applications don't seem right for your situation, I'm afraid. Your girlfriend should be considered your family member (unmarried partner in your case), and for that, as it has been mentioned, you need to prove a durable relationship. In the UK it looks like they are very strict about a minimum of two years of cohabitation (I have lived with my partner for over year and a half and still it wasn't enough)

Of course, you could consult immigration lawyers, some companies do free assessment of your case.

Maybe try short-stay visit visas?

[asian_atheart]

Hi Mike,

I have to agree with the others. I'm not so hopeful that in your situation a EEA Resident Card Application would have much success. I too am waiting to live with my EEA partner long enough for us to apply via the unmarried route or as spouse (whichever works out). But it does require that you have built a durable relationship-demonstrated through living together in a place for atleast 2 years and have supporting documents like joint tenancy agreements, bank statements, bills to the same address.
I think on rare occasions some people have succeeded with slightly less than 2 years (but even in these cases people usually have documentary evidence), but you have to justify exactly why this is the case. I mean you have to explain how you met, how the relationship sustained without you both being in the same place. I'm afraid just calls and emails may not be enough to give her entry.
I would say that you could clarify your case with an immigration lawyer. In addition, your income threshold does not matter so much for the EEA route. You only need to show that you are working/studying-the threshold applies only for UK routes.
You mentioned that she could study. This would be another option. Depending on whether she would study at the master's or undergraduate level, she may be able to enrol in a pre-master's english course which would help her gain entry into the UK-with some level of english certification? It will also give you the opportunity to live together. If her visa doesn't cover the 2 years you could get married or support with evidence that the relationship actually lasted longer than the course.

Hope this helps

[mike#23]

Thank you very much for your help guys, it's definitely not easy to get everything sorted and the rules are quite strict, but I hope we will find some way to be together. Thanks and good luck with your applications!

[Obie]

You could qualify under durable relationship Mike.

I beg to differ with those who have suggested that 2 years is a hard and fast rule.

It is wholly inconsistent with EU law.