Unmarried partner visa - how important the same address is?

[bamarek]

Me and my girlfriend want to apply for an unmarried partner visa. Im Polish, she is Australian so we need to use form EEA2. We have been together in akin to marriage relationship for more than 2 years, currently both of us are in the UK but only Im employed permanently while she is on visitor's visa. Both of us arrived in the UK almost 3 years ago, I have been working in the same place since then and she started on working holiday visa. We spent a few months in Australia together (I was still employed by UK firm at this time). Few months ago we both went back to the UK but her working holiday visa expired so she is on visitor's one now.

We have some concerns before applying for the visa:
- we don't have a proof of living at the same address for the whole 2 years. We have for around 1,5 years. Before I had been renting an apartment on my own and she was spending time there but we do not have a formal proof like utility bills.
- I am about to change my permanent contract to a limited company.

Based on your experience do you think Home Office may refuse our application due to the address issue? Also, would my employment status affect the decision?

Would lawyer's help be beneficial in this case?

Thanks,
M

[John]

we don't have a proof of living at the same address for the whole 2 years

Sorry to say, that is a problem. Not only have the two of you got to be living together, but you need to be able to prove it.

Except ..... and sooner or later someone will actually take this point to a Tribunal .... under the EU regulations the two of you merely need to be in a "durable relationship". The EU regulations do not define that term. The UK has said that they will simply use the same 2-year rule that it uses for UPVs issued under the UK's own immigration laws.

However there are many that think that it is clearly possible to have a "durable relationship" before the expiry of a two year period. Accordingly certainly put in the EEA2 application, and should it be rejected then do appeal. Except given that EEA2 applications can take up to 6 months to deal with, by the time it is dealt with the two of you will probably have been living together for 2 years anyway.

On submitting the EEA2 application a letter should be issued confirming the ability to work while the application is being processed.

[bamarek]

On submitting the EEA2 application a letter should be issued confirming the ability to work while the application is being processed.

Thank you for the reply John.

Just to clarify about the work permit. Does it mean she will be able to work as soon as the application is lodged? We were told it is not the case as she is in the UK on visitor's visa.

[John]

It is not a Work Permit. That would be issued to an employer to allow that employer to employ a specific person.

Here the acknowledgment letter will confirm that the person has the right to exercise EU Treaty Rights to work while the application is being dealt with. That is, they will be able to work without an employer needing a WP.

This is all very different because the application is being made under EU regulations, rather than the UK's own immigration law.