Help - Unmarried Partner Visa - EU National

[rock777]

Hi

My partner & I have been living together for 2.5 years (the last 1.5 of which has been in the UK). She is living and working in the UK on an EU passport, and I have been here on the WHM. I was intending to apply for a HSMP (now Tier 1), but given the current problems and processing times for Australians who worked for the full 12 months on a WHM, we are looking into applying for an Unmarried Partner Visa. I have approx 3-4 months left on my WHM.

Many of the sites I have been looking advise something along the lines of:

The Unmarried Partner Visa applies to people with settled status or Indefinite Leave to Remain in the UK, (British Citizen or EU National) who wish to bring their partner to Britain to join them. In terms of immigration to the UK, settled status means that a permanent resident is living here lawfully with no time limit on their stay.

Because we are both "present and settled" in the UK, and because I do not need to obtain EC to enter the UK at present, are we able to apply for the Visa in the UK, by way of the interview process. I know that we could if she was a British Citizen, however, is this still possible if she is present and settled in the UK on an Italian passport?

If this is the case, then this is obviously alot easier than applying for an EEA Family Permit Visa, or similiar, which from what I have read can take anywhere upto 6 months, and would mean that I could not travel/work.

Thank you for your assistance. This whole HSMP/Visa process has been a nightmare of the last few months, so just looking into other options.

Cheers

[vinny]

See also unmarried visa in UK help pls~

[thsths]

The Unmarried Partner Visa applies to people with settled status or Indefinite Leave to Remain in the UK, (British Citizen or EU National) who wish to bring their partner to Britain to join them. In terms of immigration to the UK, settled status means that a permanent resident is living here lawfully with no time limit on their stay.

Because we are both "present and settled" in the UK, and because I do not need to obtain EC to enter the UK at present, are we able to apply for the Visa in the UK, by way of the interview process.

It is not quite that easy. "Settled" means that you have an unlimited visa, which the WHM is not. However, I think only the sponsor has to be settled, so that would be ok if she has Permanent Residence status.

If this is the case, then this is obviously alot easier than applying for an EEA Family Permit Visa, or similiar, which from what I have read can take anywhere upto 6 months, and would mean that I could not travel/work.

The Residence Card as an extended family member of an EEA national would be the other option, yes. I think the rules are pretty much the same (they are not really specified in the law), processing time may be longer, but the application is free. The Home Office maintains that you do not have the right to work in the mean time, although I have my doubts about whether they can do that.

The last option would be to go to another European country (Italy?), and apply for an EEA Family Permit there. This should be reasonably fast (a few weeks maximum), and it should give you the right to work.