Applying for Family Permit while EEA (EFM) RC is processing

[lorenr]

Hi everyone,

Apologies if this has been posted already but I did search and couldn't find anything that specifically answered my questions.

I am in the process of applying for an EEA Extended Family Member RC as an unmarried partner (fiancé is an EU qualified person, no PR). I am currently on a Youth Mobility visa that expires in July this year.

I received my biometrics and CoA today. My CoA is without work.

Two questions:
1. They say that I haven't provided original documentation to prove our relationship as so can't confirm my right to work. I have; tenancy agreements, bills in both names, joint bank statements, plus supporting documents like boarding passes, photos and congrats on our engagement. Is this a standard line they put in because we're unmarried? Or is there a problem with the documents?

2. Am I assumed to have a right to work whilst my application is underway? I understand that if I get declined I am no permitted to work (after my current visa expires in July) but I'm unlikely to get a decision before then so I'm thinking of the period between current visa and hopefully new visa. My understanding is that the certificate merely confirms your right to work should anyone ask. If no one asks, does it matter legally?

Thanks all and please direct me to any threads that already cover this.

[vinny]

Have you been living with your fiancé, akin to marriage, for at least two years?

AB & Anor v Home Office [2012] EWHC 226 (QB) (16 February 2012) explains an unmarried partner's rights.

[lorenr]

Yes we have, we've been living together for 5 years and together 7. We have provided several tenancy agreements in our names, as well as bills dating back 5 years in both our names.

[vinny]

Unfortunately, you didn't previously have an EEA family permit nor a residence card.

Certificates of application: extended family members

This page tells you about certificates of application (COAs) regarding extended family members of a European Economic Area (EEA) national under the 2016 regulations.

Extended family members, including durable partners, of EEA nationals do not enjoy an automatic right of residence in the UK until they have been issued with a document by the Home Office confirming such a right.

You must issue a ‘short’ COA to extended family members who have submitted an application for a residence card regardless of the level of evidence submitted with their application.

Applicants who fail to enrol their biometric information will not have made a valid application and will have no entitlement to be issued with a COA. For further information see: Certificates of application and biometric information

[lorenr]

Ah ok - thanks, that makes sense. So might I be issued with a new CoA once I've done my biometrics? Or would I have to apply for a new CoA in order to be issued with a new one.

Appreciate the help!!

[vinny]

I think you have to wait until they grant a residence card or an EEA family permit, before you have the right to work under the EEA regulations.

[lorenr]

Hi everyone,

I am currently on a Tier 5 Youth Mobility visa - expires July 2017.

I have an EEA2 (EFM) application underway, I'm 2 months in (decision by end of September). I'm the fiance of a QP (all relevant documentation of our 7 year relationship provided). I have a CoA without work. This leaves me with a difficult situation work-wise between mid July and September (assuming I get approved).

Also, we love to travel and going without any travel in Summer would be less than ideal (should my visa expire and I stay put in the UK).

My question is, can I whip out of the country, stay with friends and apply for an EEA family permit to cover my gap before I get my RC? Would I need to amend/re-lodge my EEA application?

Thanks in advance all!

[lorenr]

Hi everyone,

I am currently on a Tier 5 Youth Mobility visa - expires July 2017.

I have an EEA2 (EFM) application underway, I'm 3 months in (decision by end of September). I'm the fiance of a QP (all relevant documentation of our 7 year relationship provided). I have a CoA without work. This leaves me with a difficult situation work-wise between mid July and September (assuming I get approved).

My question is, can I whip out of the country, stay with friends and apply for an EEA family permit to cover my gap before I get my RC? Would I need to amend/re-lodge my EEA application?

Thanks in advance all!