EEA Extended Family Members, less than 2 years

[LucasLucas]

Dear members and admins,

Please can you help and give us advice?

My partner has finished her post-graduate course in August but is still on her Tier 4 visa until end of November 2019. She has been looking for job to switch from Tier 4 to Tier 2 visa, unsuccessfully so far. If she does not find work sponsorship she will have to go back to China and this scenario is extremely depressing for us.

I am an EEA national and have been living in the UK for 4 years+ now. I have been always working on a permanent employment contract as a professionally qualified Civil Engineer and I hold an EEA QP card.
We have been dating since the beginning of February this year and in August she has moved in to the flat, which I have been renting from July this year. We have informed the agency about this fact and they have issued a tenancy agreement addendum formalising her stay with me. The rent and expenses such as bills and food are paid by me, since she has no income at the moment, however the bills have both our names on them. We have also opened a joint account, which she uses for grocery shopping, etc. I support her financially but also give her emotional support as not being able to find job is extremely frustrating and for her but and also for me.

I believe and she confirms that I have been also very supportive and comforting for her when she was writing her dissertation. It was a difficult couple months, both for her and for me, but we both made it to the end and she submitted her paper in August.

Now we have been living as a couple, in love and happy, taking care and supporting each other, sharing household work/cooking, going out, we spent great holidays together, etc. – all what couples/partners normally do.

By the end of January, when she will have to probably leave the UK if she does not find job, we will be living together 5 months. We know that the Extended Family Members of EEA Nationals guidance says that 2 years of cohabitation are normally needed for the application, however we are going to submit it, as there might be no other option for us. Our friends were in a similar situation and they were issued a permit whilst they have been living together 14 months.

Therefore, please can you advise what supportive documents we can include and what else we can do to give as much evidence as possible to proof our relationship is durable and akin to marriage? Also, would you recommend asking solicitor for advice or a guide?

Thanks for reading and many thanks for you help!

[LucasLucas]

Dear all

In my post I have actually made a mistake when provided a date of my partner's visa expiry - it is the end of January 2019, so our cohabitation will last approximately 5 months.

If anyone could look at this and advise that would be great.

Many thanks,
Lucas and Audrey

[Casa]

In my honest opinion, 5 months of co-habitation is way too short to qualify as unmarried partners.

[smithman11]

If you are EU citizen and excercising EU treaty rights (i.e. working, studying) then other option is to get into marriage or civil partnership. Once you are registered as married couple you can apply for EEA resident card for non EEA family member, normally issued for 5 years with work permission, so she can find a job without tier 2 visa sponsorship and you can continue to live together.

[LucasLucas]

Thank you both for your advice.

What if we provide a lot of evidence that we are really in a durable partnership though we lived for 6 months only. Firstly, we are engaged. Then, my parents are coming for Christmas so we will have family pictures together, they can also provide a letter supporting our relationship. Also, her parents could provide us with a supporting letter. Plus we will have pictures together and with friends, pictures from my company event (Christmas dinner) where we are together, and maybe also some supporting letter from my manager (haven't asked though). Plus we will have bills with both our names, her bank statements with our address, joint account, and an agency addendum approval for her stay in the property (tenancy agreement is only on my name).
Do you still think it is not enough evidence for HO to satisfy them?

In terms of marriage, I have read through the guidance and if I marry a non-EU national the notice will be extended to 70 days. Is it always 70 days or is it up to 70 days? I am asking as if we give a notice on 19th November we could get married on 29th January and by the end of January, she needs to leave. SO there is only three days to get married and apply for RC.

Another question. Say we manage to get married and apply for a residence card for her by the end of July. Does she need to leave anyway or can she stay and wait for the permit? If she cant stay she will leave and be back to China but can I then just post the residence card to her if it's issued?

Many thanks for your all responses!

Lucas and Audrey

[CR001]

If you are married her rights under EU rules is automatic and she is not "illegal if her visa expires.

Without the mandatory 2 years evidence of living together in a relationship akin to marriage, an application will likely fail. As unmarried, she also has no automatic rights under the EU rules.

[LucasLucas]

Many thanks for the response.

So if we get married before the end of July she can stay just like that or do we need to apply for the RC first?

Is there a risk HO will judge that our marriage is of convenience?

Many thanks,
Lucas and Audrey