EEA1 and EEA2 application for non maried couples

[akarelle]

hi everyone

I have recently applied for an EEA1 and EEA2 for me and my fiance. i am a french citizen and my fiance is Togolese and i work and lived in te UK since August 2000.

however my question is was it right for me to apply for an EEA2 for my partner even though we are not married but leave together?

and also on other post people say it is best to apply to the HO Liverpool but we applied together but sent it to HO croydon.

i wil be grateful if anyone can advise me . thanks

[thsths]

however my question is was it right for me to apply for an EEA2 for my partner even though we are not married but leave together?

You can, but there are a few problems with this route. You both need to be here legally, and your partner does not have the right to work until the application is decided. Also due to a technical error in the law, his current status is not extended while the application is being processed. And the UKBA maintains that there is no time limit for these applications, so he may not get the residence card within 6 months. I am sure that your legal situation is actually much better than the UKBA wants you to believe, but it may take a bit of a fight to get your right.

Since you are in the UK for over 5 years, you do have permanent residence, so you can actually use form EEA3. Also because you have PR, your partner can apply for an unmarried partner visa under UK law. You need to prove cohabitation during the past 2 years to do this.

And you are aware that you need a Certificate of Approval (CoA) to get married?

Tom

[akarelle]

thanks tom for the info, my partner visa expired last month and we just dont know how to go about it, i know we've left things late.
how do i go about applying for the certificate of approval for our wedding which is next year,
and also will they have to send him back to his country because of his status

can we apply for the unmarried partner visa under UK law when i receive my PR

than you [/quote]

[thsths]

thanks tom for the info, my partner visa expired last month and we just dont know how to go about it, i know we've left things late.

That does complicate things, of course. Overstays up to 28 days can be argued about, but I guess you are over that limit now. I think an in country application is bound to fail, and it is difficult to say whether you have any chance in an appeal. If you want to do this, you should get a good solicitor.

how do i go about applying for the certificate of approval for our wedding which is next year,

If you have sufficient evidence of cohabitation, he can go back to his country and apply for an EEA Family Permit as an extended family member. The overstay may complicate this, but it is not in itself a reason for refusal.

can we apply for the unmarried partner visa under UK law when i receive my PR

He can already do this, because you acquired PR automatically after 5 years of residence in the UK. The two options under UK law are an unmarried partner visa or a fiance visa. The later also gives him the right to marry, but not the right to work.

The last option would be to get married as soon as possible, and then apply for a residence card. Of course getting married is not so easy either.

Tom

[akarelle]

thanks for your help, we will try the Unmarried partners visa and see how it goes. We will also get a lawyer, thanks for your advice will keep u posted

[thsths]

thanks for your help, we will try the Unmarried partners visa and see how it goes.

So that is under UK law? Since his current visa is expired, he will have to apply from Togo. Make sure that he leaves before the end of September, because after that he may get a mandatory ban for a year or more. And you have to be completely honest: any mistake and he could again be banned from entry.

And good luck! You will find quite a few success stories around here about people that have gone back and received a valid visa, so it is certainly possible.

Tom

[akarelle]

thanks Tom, i have a question again but im not sure if you could help as well, about my fiance his dad is actually british but they have not been in touch so he doesnt want to use him for anything, i can understand but if there is a chance as well for him to get it through him then i will appreciate your help

ok what happened is that the dad tried to apply for british citizenship for him when he was 16yrs but then they refused the application on the grounds that d didnt have proof he was his son but he didnt appeal n then got married and forgot aba him.

so when he got here (london) after 10yrs they met and are now trying to build a relationship which he my partner is not too keen.

but is there any change for him to get his citizenship even tho he has left it too long to appeal. all his step sibblings are all british but just that they dnt hav a relationship

please help anyone im really stress

[thsths]

ok what happened is that the dad tried to apply for british citizenship for him when he was 16yrs but then they refused the application on the grounds that d didnt have proof he was his son but he didnt appeal n then got married and forgot aba him.

I am no expert in citizenship law, but there may be options. Chances are that he was a British citizen all along, in which case it would be as easy as proving this and getting a British passport. Maybe someone else can fill in the details: it depends on when and where he was born, whether his parents were married at the time, and how his father acquired citizenship.

Tom