Currently Tier 2 General, want to move to EEA-Unmarried?

[diego-560]

I really need your help please!

I've been in the UK for 3 years in total.

The first two years, I was here on a Tier-5 'Youth Mobility Visa', and when it expired, I returned to New Zealand to obtain a Tier 2 General Visa for which I was successful.

I currently work for a large financial services company and I have been there for 1 year as a Tier 2.

I have been with my current partner for nearly 3 years which is the whole time I have been in the UK. She is a Hungarian citizen, and she has also been working in the UK the same amount of time as me (3 years total) but of course she didn't need any visas.

I actually want to change my visa to be the unmarried partner of my EEA girlfriend, because that will allow me to be a contractor who earns a daily rate of pay and is free to move around between employers as opposed to working in permanent jobs and chained to a particular employer.

In my line of work, being a contractor pays better than being a permanent employee.

Does any one know if it's possible to change from a Tier 2 General to the Unmarried Partner Visa of an EEA Citizen in the UK?

[Casa]

There is no unmarried partner visa under EEA Regulations. It would be an application for a family permit as someone in a 'durable relationship'.

[diego-560]

Thank you very much for taking the time to reply to me. I feel like I've been racking my brain for months to get anywhere with this idea I've floated. I've not ever come across other results where somebody who already has a Tier 2 General actually wants to get out of it and instead get some of kind of dependent visa, and to an EEA citizen. It has been tough. I will have a look at the information you've provided. Cheers

[noajthan]

As an unmarried partner you will be an extended family member of your sponsor so you will need to get a RC to retain rights to reside & work in UK.

This may help get you up to speed;
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf

[diego-560]

Cheers to you also, noajthan. I am making way through, that is quite a large document.

I've found references to a 'cooling off period' on the UK govt immigration website which I sincerely hope doesn't apply to me if I am able to go ahead with this visa switch.

[noajthan]

Interesting question in a similar sort of case:
eea-route-applications/can-i-have-tier2 ... 70859.html

[diego-560]

Interesting question in a similar sort of case:
eea-route-applications/can-i-have-tier2 ... 70859.html

That is a very interesting indeed. It never occurred to me that it could be possible (and it seems one person in the thread achieved this) of having a Tier 2 and a EEA at exactly the same time running simultaneously. This raises so many more questions but i feel relieved to have something to work with here and get me going.

[diego-560]

I'm comparing the 'extended family member' option and have also come across another one.

I'm trying to understand the differences between these two:

1. https://www.gov.uk/government/publicati ... -form-flrm

2. https://www.gov.uk/government/publicati ... rm-eea-efm

I'll be doing research and will come back to report what I find if anyone else is following the thread/or for anyone interested (myself especially).

[vinny]

1. https://www.gov.uk/government/publicati ... -form-flrm

You are not eligible for 1.

However, you may be eligible to apply as an extended family member, if you have lived with your partner in a relationship akin to marriage for at least 2 years.

Moreover, you may lose your right to work if they do not confirm your status prior to expiry of your Tier 2 leave.

[diego-560]

Cheers Casa, Noajthan and Vinny.

I've been reading constantly the last 24 hrs. It has helped so much to be pointed in the right direction. I wasted many months sporadically researching visas and getting nowhere, but now with your help I've been able to confirm a few details.

1) I will need to apply for the UK Residency Card, specifically with the EEA EFM form (as you have pointed out already, this is the EEA Extended Family Member Form).
2) Within this form I would apply within the 'Unmarried Partner' section, which is amongst one of their definitions of an extended family member to an EEA citizen. This seems a bit strange to me and possibly why I have never heard of this visa before.
3) There are a number of pieces of evidence to collect and submit with the application such as biometrics, employment details of my partner, my own details, plus evidence that we are in a durable relationship for the last 2 years minimum (to me this means a relationship that can survive life's ups and downs) - to be supported by evidence of co-habitation and financial evidence and other evidence.
4) I will send the application form with my partners EU ID card, and my passport (I am from New Zealand and this is the only form of ID I am able to send). There are various other pieces to be sent as well such as a declaration from my partner's employer.
5) After approximately 3 to 6 months (seems closer to 6 or 7 months based on my research) we can expect a decision to be made.
6) If successful, I will receive a UK Residency Card (and so will my partner) and this will be in the form of a credit-card sized ID card, completely separate to my passport. Important distinction made here because I have read this is a fairly new thing - that they used to be sealed to a page inside the passport?

I hope I have understood this process correctly. I have scoured the internet to try put this into a sequence.

Questions:

- If the UK Residency Card really will be issued on its own plastic, can I request my passport back early in the process, say after 2 months? I would assume they can take what they need from it and return it. I really will have no other form of ID the entire time and without my passport I cannot do anything requiring identification including being able to travel internationally. Or would this provoke them to reject the application?

- I did not live together with my partner before we moved to the UK. Does this matter? The form seems to convey a sense of dependency involved for family members however it seems to exclude this condition from the 'unmarried partner' section, but I think I am just inferring this point. But then I see references to whether or not I was (or if I am still) part of the same 'household' as my EEA partner. Of course I am, and for the last 3 years we have lived together, all within the UK, but the fact remains we did not live together before the UK. Is this a deal breaker? I feel a confused on this point.

I am so grateful for all of your time and efforts, I am super excited to press forward if I have a chance here.

[noajthan]

Cheers Casa, Noajthan and Vinny.

I've been reading constantly the last 24 hrs. It has helped so much to be pointed in the right direction. I wasted many months sporadically researching visas and getting nowhere, but now with your help I've been able to confirm a few details.

...

Questions:

- If the UK Residency Card really will be issued on its own plastic, can I request my passport back early in the process, say after 2 months? I would assume they can take what they need from it and return it. I really will have no other form of ID the entire time and without my passport I cannot do anything requiring identification including being able to travel internationally. Or would this provoke them to reject the application?

- I did not live together with my partner before we moved to the UK. Does this matter? The form seems to convey a sense of dependency involved for family members however it seems to exclude this condition from the 'unmarried partner' section, but I think I am just inferring this point. But then I see references to whether or not I was (or if I am still) part of the same 'household' as my EEA partner. Of course I am, and for the last 3 years we have lived together, all within the UK, but the fact remains we did not live together before the UK. Is this a deal breaker? I feel a confused on this point.

I am so grateful for all of your time and efforts, I am super excited to press forward if I have a chance here.

Your understanding seems to be on right track.

1) Yes, other people have posted explaining how they have retrieved their passport whilst their application continued at HO.

2) As unmarried partners HO will be looking for evidence of a durable & sustained relationship 'akin to marriage'.

This is not clearly defined in EU regulations although there is related case law.

HO cops out & tends to apply its own definition & rules (cobbled together from UK immigration law) but note that this is controversial as applied to EU unmarried partners (hence the case law).
So you will see references in HO guidance to 'living together at least 2 years' plus 'evidence of cohabitation'.

None of this is encapsulated in EU regulations so not living together outside UK should not be a dealbreaker.

There have been cases (reported in forum) of members who are cruise ship workers, oil rig workers & similar professions;
ie circumstances where people have been in a durable relationship but don't live together per se like an old married couple.
Some of those have gone to appeal & some of them have won their case for RC (or PR) etc.

Note Whilst your application is processing your COA is likely to specifically not grant you a right to work in UK;
(that appears to be standard practice by HO for extended family members).

[diego-560]

noajthan

Noajthan, many thanks for coming back with these points for me to think about.

Am I correct in that although the COA won't allow me to work, my current Tier 2 will continue to cover me so long as I am with my current employer? I intend to quit my job almost immediately upon receipt of the EEA card itself so that I can take advantage of better opportunities.

I had a look through all my evidence with my partner and whilst we have been living together since April 2013 continually until present, the first year was spent at one address, and the next nearly two years were spent at a different address. Would you happen to know if this really matters in testing the robustness of the relationship i.e. that it was not all in one address? I have bank statements to support this the whole way though.

However what it really comes down to, is, we have a really dodgy looking contract between ourselves and the landlord at the first place for a year, and we can evidence both our names on the lease, except the lease itself is riddled with typos, was drawn up by a company that was actually struck off Companies House even before the lease started, and in general just looks very suspect. The landlord was not above board I think.

Our second place is a professionally written contract with a proper agency and our two year mark at this current place will be from the 1st of May this year.

What are your thoughts on if i were to apply now, vs. waiting until May? I am itching to apply but I don't want to have to fight for a year to appeal if rejected.


EDIT: I just checked my original Tier 2 application which was completed by my employer's in house legal team (it is a large bank based in London) as I have a PDF copy. They marked me as 'SINGLE' on my application in February 2015 as I was not married to my partner. Will the HO retrieve this application and fail me on this, despite me having a mountain of evidence that I am indeed in a relationship with my partner for YEARS although we are not married - I am not single?!

[kamoe]

Hi Diego

I recently switched from a Tier 2 visa to a EFM EEA RC, so pretty much your same situation. I can share my experience.

Am I correct in that although the COA won't allow me to work, my current Tier 2 will continue to cover me so long as I am with my current employer?

Yes, correct. For this reason, I asked for all our documents back, BRP and passports. I included a prepaid envelope with my application, and received the documents back almost immediately. See my timeline.

whilst we have been living together since April 2013 continually until present, the first year was spent at one address, and the next nearly two years were spent at a different address. Would you happen to know if this really matters in testing the robustness of the relationship i.e. that it was not all in one address?

If you both lived at one address, then both moved to another, then of course it does not matter. People have the right to move. A different story would be if one of you moved out somewhere else whilst the other one stayed at another address.

However what it really comes down to, is, we have a really dodgy looking contract between ourselves and the landlord at the first place for a year, and we can evidence both our names on the lease, except the lease itself is riddled with typos, was drawn up by a company that was actually struck off Companies House even before the lease started, and in general just looks very suspect. The landlord was not above board I think.

Our second place is a professionally written contract with a proper agency and our two year mark at this current place will be from the 1st of May this year.

You do not necessarily need to provide your tenancy agreement. As long as you can provide 6 pieces of correspondence, like bills and joint bank statements addressed jointly to the both of you, to the address you claim you have lived at, you will be fine.

What are your thoughts on if i were to apply now, vs. waiting until May? I am itching to apply but I don't want to have to fight for a year to appeal if rejected.

As long as you can provide at least two pieces of correspondence (bills, council tax, joint bank account) addressed jointly to the both of you to the first address during 2013, then 4 other documents addressed to jointly to the both of you to the second address, from 2014 to 2016, then you are fine to apply now.

EDIT: I just checked my original Tier 2 application which was completed by my employer's in house legal team (it is a large bank based in London) as I have a PDF copy. They marked me as 'SINGLE' on my application in February 2015 as I was not married to my partner. Will the HO retrieve this application and fail me on this, despite me having a mountain of evidence that I am indeed in a relationship with my partner for YEARS although we are not married - I am not single?!

I do not think they would cross check at all, and even if they did, you ARE single, as your are unmarried so that is not contradictory information. I am assuming this was also my case as I also applied for my Tier 2 visa through a specialized immigraiton company in London and they handled everything. For my EEA RC I handled everything single handedly and did not have a problem.

[diego-560]

Thank you very much Kamoe... that is very comforting as I know to wait until May now.

Based on your explanation I would fail if I didn't wait until May.

We did not have a joint bank account at our first residence, nor our names on any of the bills. It was all run by the dodgy landlord.

Our current place we have our names on the tenancy, with rent paid via a joint bank account, and jointly named utility bills and council tax covering (what will be) the entire period May 2014 to May 2016.

Therefore I am looking forward to submitting my application in May!

I'm also very happy that you received your passport back so promptly and you had the foresight to include a prepaid courier bag presumably already with your address written on it. I'm sure that sort of preparation makes it that little bit easier for the HO to comply with you as quickly as possible as it's minimal effort on their part. It's an excellent idea and I will do the same!

Thank you for also putting me at ease re: the 'single' designation on my Tier 2. I do hope you are right. I'll be sure to check in with you to let you know how it goes. Even if that's quite far in the future.

Can I ask you what you mean in your timeline with the following? This is the only part I don't understand.
"FP app abroad: 21.01.16
FP issued : 27.01.16"

[kamoe]

We did not have a joint bank account at our first residence, nor our names on any of the bills. It was all run by the dodgy landlord.

Our current place we have our names on the tenancy, with rent paid via a joint bank account, and jointly named utility bills and council tax covering (what will be) the entire period May 2014 to May 2016.

Oh yes, in that case I advise you wait until May.

I'm also very happy that you received your passport back so promptly and you had the foresight to include a prepaid courier bag presumably already with your address written on it. I'm sure that sort of preparation makes it that little bit easier for the HO to comply with you as quickly as possible as it's minimal effort on their part. It's an excellent idea and I will do the same!

Indeed. I got the idea from another poster just before I prepared everything, and it paid off! I advise you to explain to the person at the post office what you want to do with the envelope, because they may need to weight the contents you want returned, so that they can calculate the correct price and put a stamp on the envelope before you send it (I have read posts of people complaining about the HO not using the envelopes they send, I reckon, because they maybe used the generic envelopes that allow for only a maximum weight). See my earlier post about the exact steps I took here: http://www.immigrationboards.com/eea-ro ... l#p1241157

Thank you for also putting me at ease re: the 'single' designation on my Tier 2. I do hope you are right. I'll be sure to check in with you to let you know how it goes. Even if that's quite far in the future.

Yes, do let me know how it goes for you!

Can I ask you what you mean in your timeline with the following? This is the only part I don't understand.
"FP app abroad: 21.01.16
FP issued : 27.01.16"

FP = Family Permit. This is all a funny story, and to be brief: Once you are in the UK you do NOT need to apply for a Family Permit, it being an entry clearance to allow non-EEA family members to enter the UK. It's valid only for 6 months, so not really what you are after when switching visas. I applied only because I created a silly situation where I ended up not having a valid visa while awaiting my RC, and might have faced denial of entry in the UK when returning from our holiday abroad. Good thing is our holiday was in Colombia, my home country, where I could apply for a Family Permit, and I got it. Problem solved. See whole story here:
http://www.immigrationboards.com/eea-ro ... 00502.html

[sarabi4]

Hi Diego

I recently switched from a Tier 2 visa to a EFM EEA RC, so pretty much your same situation. I can share my experience.

Am I correct in that although the COA won't allow me to work, my current Tier 2 will continue to cover me so long as I am with my current employer?

Yes, correct. For this reason, I asked for all our documents back, BRP and passports. I included a prepaid envelope with my application, and received the documents back almost immediately. See my timeline.

whilst we have been living together since April 2013 continually until present, the first year was spent at one address, and the next nearly two years were spent at a different address. Would you happen to know if this really matters in testing the robustness of the relationship i.e. that it was not all in one address?

If you both lived at one address, then both moved to another, then of course it does not matter. People have the right to move. A different story would be if one of you moved out somewhere else whilst the other one stayed at another address.

However what it really comes down to, is, we have a really dodgy looking contract between ourselves and the landlord at the first place for a year, and we can evidence both our names on the lease, except the lease itself is riddled with typos, was drawn up by a company that was actually struck off Companies House even before the lease started, and in general just looks very suspect. The landlord was not above board I think.

Our second place is a professionally written contract with a proper agency and our two year mark at this current place will be from the 1st of May this year.

You do not necessarily need to provide your tenancy agreement. As long as you can provide 6 pieces of correspondence, like bills and joint bank statements addressed jointly to the both of you, to the address you claim you have lived at, you will be fine.

What are your thoughts on if i were to apply now, vs. waiting until May? I am itching to apply but I don't want to have to fight for a year to appeal if rejected.

As long as you can provide at least two pieces of correspondence (bills, council tax, joint bank account) addressed jointly to the both of you to the first address during 2013, then 4 other documents addressed to jointly to the both of you to the second address, from 2014 to 2016, then you are fine to apply now.

EDIT: I just checked my original Tier 2 application which was completed by my employer's in house legal team (it is a large bank based in London) as I have a PDF copy. They marked me as 'SINGLE' on my application in February 2015 as I was not married to my partner. Will the HO retrieve this application and fail me on this, despite me having a mountain of evidence that I am indeed in a relationship with my partner for YEARS although we are not married - I am not single?!

I do not think they would cross check at all, and even if they did, you ARE single, as your are unmarried so that is not contradictory information. I am assuming this was also my case as I also applied for my Tier 2 visa through a specialized immigraiton company in London and they handled everything. For my EEA RC I handled everything single handedly and did not have a problem.

Hi Kamoe,

Thank you for sharing your experience. I am also planning to apply to the EEA2 route (unmarried) while having a valid tier2 (expires in November 2016). Do you mind sharing also what you wrote in your cover letter so that you get your passport and BRP back? I am worried about getting my CoA with no right to work but at the same time having a still valid tier2 visa. Thanks!!

[diego-560]

I'm back, It's been a long wait!

Thanks again kamoe for your help, and casa, noajthan, vinny of course

It's now May, and I've now crossed the 2 year mark living with my partner at my current address. We are actually at our 3 year mark overall, however as discussed our previous address was a bit shaky in terms of evidence available to use and the quality of that evidence in general. Our current evidence should be bulletproof. I do hope this is successful.

I'm starting to thoroughly comb through the visa requirements once more with my partner and I'm looking to submit for the visa on Monday, 9 May.

I guess we'll be in for the long haul with this one. By the looks of things, 6 months average waiting time seems to be about right, plus we've got the whole Brexit vote around the corner, so it could delay things even further (maybe).

[melirr]

Hi Diego

May I ask if you ended up applying for this permit ?

[at12]

Hello,
I just saw this thread now that melirr bumped it up.
I thought I would mention that I was in this situation back in 2013. I was employed with a Tier 2 visa and living here with an EU partner. We were already together before we moved to the UK but at the time it seemed easier to me to go via the immigration route, as I was the one with an actual job offer.
In any case, my visa was about to expire and I did not like the idea of being tied to an employer plus the need to pay for the very expensive visa fees on a regular basis! I applied for a extended family permit (EEA2) and had no difficulties at all, and I did not include any cover letter explaining the situation. At the time all I sent were council tax and utility bills. Luckily we registered all of those in both of our names and it was enough as proof of our relationship! It look nearly 6 months for the application to go through, but I got the RC in the end. Now I have to wait until 2018 for PR!
Ah! I should mention that my partner had a job by this time and I asked her to get a document confirming her residency here before I sent my own application. That makes things a lot easier, as then everything is already cleared up in respect to the sponsor (i.e. the EEA partner) rights.
Good luck!