You are correct Kayalami!
But the thing that sucks is that we don´t even have the possibility to pay!! I´d rather pay and get it fast. We only have the possibility to do it per post. It´s good that it´s for free, but it doesn´t help much.
I really wanted to apply from my country of residence, which is Germany (I have a german residence permit, like a Limited Leave to Remain - same format, because I have a german partner).
But the thing was that I went to the British Consulate to apply for a visa. I wanted to apply to Unmarried Partner visa, and they told I couldn´t apply for this visa cause my parter didn´t have INDEFINITE Leave to Remain, which is bullshit. Partners of people with limited leave to remain can apply for UP visa, but the woman told not! She told that only "unmarried partner of present and settled persons" can apply, and then she came with the definition that present and settled is a person with ILR, etc etc...
But looking this page:
http://www.ukvisas.gov.uk/servlet/Front ... 20thirteen
I saw that I could have applied. It says:
"The Rules also apply to partners of sponsors in the UK who have limited leave to enter or remain in the following categories:.... and EEA nationals"
I would have to apply for Unmarried Partner visa. And she told I could not apply for EEA Family Permit cause same-sex partners are not included in EEA regulations. Even we have a civil partnership in Germany we are not considered family (but it´s interesting that once in the country we can apply with the EEC1 form, cause the EU law says that the "host member should not treat the EU citizens less favourably than it´s own citizens. And as british people can bring unmarried partners then the EU citizens cannot be treated less favourably and then under EEC1 we can include partners too"
Anyway, she was really wrong. Then I tried to explain to her that I could apply and she told: "Well, do you want to try? Then you will be most likely refused. I can give your application back now without processing it and you don´t have to pay, but if you decide to go further with your application you will have to pay the 403 euro fee and will be mostly likely refused".
I knew I was correct, but of course I didn´t try
My partner was already in the UK and being refused would make hard for us to get together again.
So I decided not to apply in Germany and apply within the UK. I am a non-visa national, so I entered the country as a tourist and applied under EEC1 application.
So it was not even a question of funds - I was ready to pay the 403 for an Unmarried Partner, and I was already inside the Consulate, hehe!!
I tried to solve this later and talk to British High Commission but got no answer. I complained about the Consulate, I have a document written by them proving I am right, but then I complained to British High Commission and got no reply.
If they would see they were wrong, then I would get a Ryanair flight and would apply there, and in 1 day I would have the visa.
But now I have to wait six months to solve this mess!