EEA2 Application for illegal patner

[straw10]

Hello,
I am in a bit of I dilemma and I hope I can get some sort of advice from here. We are working with a lawyer to apply for my illegal partner’s residence card in the UK using form EEA2 form.
I am German, born in the UK but moved to Germany after university and moved back to UK through a work transfer in 2005 and we met shortly after that. We have lived together for 3 years with proof, such as bank statements, phone bills, photographs.
I (German) have proof of employment for 5 years in Germany and to date in the UK) our lawyer is confident that since our relationship is genuine and we have sufficient proof our application should be successful.
We plan to submit separately;
My partner’s non EU passport.
Marriage certificate if we can get married whilst our application is pending.

I would appreciate any useful tips.

Thanks & Regards

[John]

Do you appreciate the difference between Family Member, and Extended Family Member?

If the two of you are married, your spouse would be your Family Member, and assuming you are exercising EU Treaty Rights in the UK, then your spouse automatically has those same rights, from the moment of marriage. The issue of a Residence Card is merely confirmatory of rights already held. It would give your spouse no more rights, just confirm they have those rights .... which is helpful.

However whilst the two of you continue to be unmarried your partner has no rights, unless and until the Residence Card is issued, on the basis of being an Extended Family Member.

[straw10]

Hello John,

Thank you very much, the problem at this stage is that we are not married but we have been living together for a while, i would assume that we dont really have much of a chance until we do.
And i the problem we have now is getting married here, i'm not sure if there is anyway to go about this.

Regards,