Unmarried non-EEA partner of EU citizen with ILR.. please help

[whitecat74]

Hi all
My unmarried partner is from the US and we have spent probably over 600 days out of the last 2 years together. He is a screenwriter and can write from anywhere so after meeting we decided he would give up his lease in Los Angeles to come live with me in London on a visa waiver, leaving the country enough (with me) to never overstay.
Given that it has been over 2 years now we tried to get a family visa. I stupidly followed the multiple choice questions guiding to an application on the Home Office website and applied for the wrong visa (at a cost of 1,500 pounds), a family visa from within the UK which I genuinely at the time thought was the correct visa.
We received a brutal rejection letter, inviting us both to leave the country. I am deeply offended and hurt after paying taxes here for 18 years and buying a flat (never mind that I do not have a visa for the US and have ILR in the UK).
But I have gotten over myself and understand that we made several mistakes in the application.
I believe I cannot apply for unmarried partner EU settlement scheme since that's not open yet to non-EEA non-UK status holder (he still only has a visa waiver).
The only route appears to be EEA family permit.
But we have to prove the "relationship akin to marriage".
Has anyone ever been in the same situation - successfully used time spent in the uk on a visa waiver to prove living together?
He has lived around 180 days each year in the UK with me and we traveled together, spending a lot of time with my parents in France the rest of the time.
We have a joint bank account and I took out a loan to pay for his daughter's education last year and can prove it. I also paid for her visa to come over and she lived with us for a year.
My second question is whether he absolutely has to go back to the US to apply for the permit or if he can apply from the British Embassy in France. The guidance says "generally the applicant should apply from the country of residence".. I don't know what that means anymore. He has nowhere to go back to in the US so it would be a complicated expensive trip with hotels, etc. that we cannot really afford.
Finally, we will be getting a civil partnership as soon as this is open to opposite sex partners in the UK, but it's a few months out yet and we are trying to figure out the best way for him to be able to be in the UK.
Thank you..

[kamoe]

My unmarried partner is from the US and we have spent probably over 600 days out of the last 2 years together. He is a screenwriter and can write from anywhere so after meeting we decided he would give up his lease in Los Angeles to come live with me in London on a visa waiver, leaving the country enough (with me) to never overstay.

Please specify what visa waiver you are referring to (there is an e-visa waiver available for some nationalities, but this does not include the US). Or are you referring to the fact that he simply entered the UK on the strength of his US passport every time, with no special permit/visa/endorsement?

Given that it has been over 2 years now we tried to get a family visa. I stupidly followed the multiple choice questions guiding to an application on the Home Office website and applied for the wrong visa (at a cost of 1,500 pounds), a family visa from within the UK which I genuinely at the time thought was the correct visa.

Just so that is absolutely clear for everyone reading this, if you answer the questions using "USA" and "joining family for long term" the answer is: https://www.gov.uk/check-uk-visa/y/usa/family which indicates that the route that applies to you is EEA Family Permit ("They're from the EEA", last of the three options).

We received a brutal rejection letter, inviting us both to leave the country. I am deeply offended and hurt after paying taxes here for 18 years and buying a flat (never mind that I do not have a visa for the US and have ILR in the UK). But I have gotten over myself and understand that we made several mistakes in the application.

You both? The invitation to leave if they refused the application should only really apply to him. Anyway, sorry to hear you have learned your mistake the hard way.

I believe I cannot apply for unmarried partner EU settlement scheme since that's not open yet to non-EEA non-UK status holder (he still only has a visa waiver).

You are right, you cannot apply, but not because the route is "not open yet". I have an understanding that it will simply not be available at all at any point. Your route is the old EEA route.

The only route appears to be EEA family permit.

Technically speaking, there are other perfectly legal and legitimate ways for him to have a long-term status in the UK (student, investor, international worker) but yes, the best route that matches your current circumstances (and the cheapest) is the EEA Family Permit.

But we have to prove the "relationship akin to marriage".
Has anyone ever been in the same situation - successfully used time spent in the uk on a visa waiver to prove living together?
He has lived around 180 days each year in the UK with me and we traveled together, spending a lot of time with my parents in France the rest of the time.
We have a joint bank account and I took out a loan to pay for his daughter's education last year and can prove it. I also paid for her visa to come over and she lived with us for a year.

A difficult one to answer as everyone case is different and all applications are assessed on their own merits. Your circumstances are very specific and the weakness of your case it that it seems you have not really lived together continuously (for example if he is not co-owner of your flat, or if he's never named on any of your past rental contracts, or on your utility bills, etc). But... the good news is, the application for Family Permit is free, so nothing stopping you from trying. Provided you have all relevant documents in place, especially proving a joint account, and financial responsibility for your daughter, you might stand a chance. Your best shot is to complement this with proof that you have of physically been together most of the time. Common travel helps. You might get yet another rejection... but you can try.

My second question is whether he absolutely has to go back to the US to apply for the permit or if he can apply from the British Embassy in France.

As far as I understand, you can apply anywhere in the world.

[whitecat74]

Thank you! Those are very comprehensive answers

Yes he is a US Citizen arriving in and out of the U.K. on no specific visa and my challenge is indeed proving that he is my unmarried partner. I assume we have spent about 600 out of the last 750 days together so will endeavour to prove it.

I will try all as suggested and report back.