EEA2 form or SET(M) form

[liz1980]

Hi there,

Any comments/help would be appreciated.

I applied for an unmarried partner visa 2 years ago using the FLR(M) form. During the application process, they informed me that my partner needed to complete the EEA1 form, which we did - he got 5 year residency, i got a two year leave to remain.

Now that it coming to an end, I have been given inconsistant information from the home office about which form to use. - EEA2 or SET(M).

One person I spoke to at the home office said that because i applied under UK law previously, that i should go with the SET(M) form.

Another has said that although i filed the FLR(M) form, the case worker at the time used european law, hence the need for my partner to apply for EEA1 and also the reason i was refunded payment (at the time we just thought the fees had changed)

So....

1) Can I use SET(M) or do I have to use EEA2,

2) If i use EEA2, can i put in an application for my partner to get EEA3 at the same time - he meets all the requirements.

I would have preferred to use SET(M) as i would get ILR now.

If my partner gets ILR, can i then get ILR.

Thanks

[John]

As your application fee was refunded it looks at if the application was dealt with on the EU route.

Before answering your very reasonable question, can we just check? Can you pull out your passport and post what it actually says on the sticker they have put inside your passport? (Omitting your name details) Let's just make absolutely sure what you have at the moment.

Also, the nationalities of you and your partner? And how live have each of you lived in the UK?

[liz1980]

Hi there,

I just have a stamp, not a sticker.

It says:

Leave to remain in the united kingdom, on the condition that the holder maintains and accomodates himself and any dependants without recourse to public funds is hereby given until.....

My partner is Portuguese, and has been settled in the UK for 7 years (although he just applied for e residence permit two years ago)

I am Australian and have been in the UK for just over 4 years.

Thanks

[John]

A stamp, not a sticker? I am not disbelieving you but I thought they stopped using those more than two years ago.

I am not sure about this ... and from what you post neither are IND! So more opinions very welcome.

Certainly the easy bit ... your partner should apply for a Permanent Residence sticker using form EEA3.

Now what about you? I have just been looking at the instructions that IND give their staff. I have found :-

The non-EEA family member must have been residing in the United Kingdom in a subsisting relationship with the EEA national for four years in order to qualify for permanent residence.

For you, is that true? I suspect the answer is yes because two years ago you applied for an UPV on the basis of living together for two years. Is that right? You have been living together for at least four years?

Could you please post the exact date the two of you started to live together? It could be rather important.

If you have lived together for at least four years then I think you you should not use form SET(M) and not EEA2 either. Instead you should use form EEA4 to apply for your Permanent Residence sticker ..... ILR!

[SunBlue]

Hey, my case is the same.
I applied with form EEC1, my german partner was granted 5 year (with a blue card), and I got a sticker which says only: limited leave to remain in the UK. No acces to public fund). It´s a redish sticker with my picture.

I got the visa as unmarried partner of a european. It was for free. EEC1.

But they also gave me a letter telling that at the end of the 2 year period I may apply for Indefinite Leave to Remain.

I think that in my case:
- they used EU law
- at that point (and until today) EU law doesnt recognize unmarried partner as a family member
- HOWEVER, EU aw says that "other EU citizens cannot be treated LESS FAVOURABLY than the citizens from the own country" (british citizens in the case, where they can bring EU partners). So in this case, other EU citizens can still bring their unmarried partner and have THE SAME privilegies than a british citizen
- and the rules for EU citizens say that they may qualify for ILR after 2 years
- so as EU citizens have the same rights in this case, so their partner can get ILR after 2 years too.

Liz,
just apply for ILR, and send a copy of the letter saying that you may apply for ILR. If Home Office gave you this letter, so I think you can really apply for ILR.
I have many friends who applied through this route.

[liz1980]

We have been living together for just over 4 years, since Feb 2002.

My partners residency runs out in 2009, Can i apply for ILR using EEA4, because this will mean that i will essentially have a longer leave to remain then him???

To get around that I guess that we will can apply for the EEA3 (for him) and the EEA4 (for me). Can we submit these at the same time as my 2 years is running out soon.

Thanks for your help,

[liz1980]

My visa stamp sounds different to the one described above - it is just black with the writing i posted earlier and the date handwritten on it, it does not have my photo.

[liz1980]

Thanks for your info Glauco,

I just have one question..... you said your partner had the 5 year residency (the blue card). Did he get permanent residency, or did you apply for ILR while he still had the blue card,

Thanks for your help.

[John]

We have been living together for just over 4 years, since Feb 2002.

I guess that we will can apply for the EEA3 (for him) and the EEA4 (for me). Can we submit these at the same time as my 2 years is running out soon.

Yes, that is exactly what to do. Your partner should use form EEA3 and apply for a Permanent Residence sticker ... on the grounds that he has been exercising his treaty rights for at least four years .... and you should use form EEA4 .... as in the terms of the quote I posted earlier, you have been living as a couple with an EU citizen for at least four years.

But just one thing Liz1980 ... you must ensure those applications are submitted this month ... March! Post them together ... use Special Delivery. If you wait until 3rd April or later to post the applications then the 4-year requirement becomes a 5-year requirement, and you Liz, would not qualify again until next February!

[JAJ]

My partner is Portuguese, and has been settled in the UK for 7 years (although he just applied for e residence permit two years ago)

I am Australian and have been in the UK for just over 4 years.

Out of interest, have you had any children born in the UK? and/or do you plan to have children in future?

[manzana]

My partner and I have followed the 2 year rule, but looked liked it was processed under EU law. He got a residence card for 5 years exp in 2009 and I got an stamp for 2 years exp march 2006. I had called up the H/office in Jan06 as I was unsure what form to use, they instructed me to use EEA2.

But I had called about 4 times as I kept getting different replies. Eventually, I sought independant help and they also said EEA2 .

Now after submitting my application since 27Feb2006 and got an acknowledgement 07Mar06, I have not heard anything from the H/Office and its approaching 6 months, as we are now in June .

I keep checking their website and it seems to be stuck on :
Application type We are currently working on applications submitted in
Registration Certificate applications April 2006
Residence Card applications February 2006
Permanent Residence for EEA nationals January 2006
Permanent Residence for non-EEA nationals January 2006

Just wondering, why its taking this long. If you call them to inquire they just say to check the website. Has anyone had long wait times.

[John]

Just wondering, why its taking this long.

The cynical answer to that is that whilst most applications involve paying a fee, and therefore IND has money to do the work, and usually provides a reasonable number of staff, with EEA applications they get no fee, and therefore there are not enough people allocated.

As said above, this is just a cynical view .... and clearly not the actual reason

[manzana]

Just for your opinion, would it be wise to call them up and inquire about its progress ? I wish to travel in Aug, as my dad had passed away in Jan06 and yearning to travel home with my partner to check on my mom and sister.

[SunBlue]

Hi Manzana,

I don´t know if it helps because my case was EEA1 (now they have different times for EEA1, 2, 3 and4), but I thought I would write to give the actual processing time.

My partner had already a 5 year residence permit with this blue card (EEA1).
He had to renew passport and then on May the 13th he sent his new passport, 2 pictures, his old blue card (residence permit) and a cover letter to the Home Office asking a new residence permit with the new passport number. He didn´t fill any form, just sent a cover letter and sent to EEA1 address.
Today he got his passport back and a new residence permit!! It was really fast, just 7 weeks, an dnot 5 months like the time when we applied first for the visa.
The processing times on the Home Office page shows that they are working with applications submitted in May (in our case). So I guess that the page is quite accurate now. It worked perfectly with us!

[SunBlue]

Hi Liz,
I didn´t apply to extend the visa yet. I have to do this next March.
Which form did you use then? Did you apply for permanent residence then?

[liz1980]

Hi,

I submitted a combined application for an EEA3 for my partner and an EEA4 for myself as suggested by John in the previous post. I received a letter from the home office saying that they received the application on 24 March 2006 (i.e before the 4 years changed to 5 years).

It has now been over 6 months since the application was received. Last month, my partner had urgent travel plans and needed he passport back, so we phoned, and they told us it would take 10 days to return the passport. After the 10 days was up, we phoned again and again and again etc only to be eventually told that the entire 'wallet' is missing. They have issued us with letters to take to our respective consulates (portuguese and australian) and advised us to obtain replacement passports.

My issue is now not to do with the passports, as these are relatively easy to replace. My issue is with the visa itself.

I have been told by an apparent senior case worker from the Euro 7 directorate that since they have lost my entire case file including all supporting documentation that she can be 'lenient' and when we get our new passports to send them in, along with a letter from my EU partners employer proving he is currently excercising his treaty rights, and any documentation showing we are still living together, that she will issue me with a visa until his residency runs out.

I explained to her that this is not what I wanted. I told her i wanted ILR under EEA4, combined with an EEA3 for my partner.

She said that it did not have any record of my partners application for EEA3 on the system (even though it was sent in the same envelope as mine). And apparently my application was not for EEA4, even though that is the form I definately filled out.

She went on to further say that even if I had submitted an EEA4, that she would not have approved it, as even though I have been in the UK for over 4 years now (keeping in mind my application was received before the 4 year requirement changed to a 5 years), I was on a working holiday visa prior to my EEA2.

I am confused. My details are all the same as in the initial posts, what I want to know is:

a) am I eligible for the EEA4 as has been suggested previously and

b) what should I do, do i need to seek professional advise

c) has anyone been in a similar situation

Thanks

[breadfan]

along with a letter from my EU partners employer proving he is currently excercising his treaty rights, and any documentation showing we are still living together, that she will issue me with a visa until his residency runs out.

(...)

She said that it did not have any record of my partners application for EEA3 on the system (even though it was sent in the same envelope as mine). And apparently my application was not for EEA4, even though that is the form I definately filled out.

She went on to further say that even if I had submitted an EEA4, that she would not have approved it, as even though I have been in the UK for over 4 years now (keeping in mind my application was received before the 4 year requirement changed to a 5 years), I was on a working holiday visa prior to my EEA2.

Liz,

I've been looking into this matter myself. The fact that you applied for an EEA4 before the change in April 2006 might actually make what the officer told you true. However, after April 2006, their remarks to you would be mostly false information.

If they are not wanting to give you ILR based on pre 04/06 regulations, I'd suggest waiting out the extra year and apply with the new regulations. Under the new regulations, in your case:

1. Your partner does not need to apply for ILR (EEA3). If they choose to they can but its not required (says so in the EEA4 form).
2. The fact that you were on a working visa is entirely irrelevant. All that matters is that:
a) You and your partner have been living together in the UK for 5 years.
b) Your partner has been working for 5 consecutive years in the UK (so at no point can he have been unemployed or in education and not working for any meaningful length of time). So fill out section 4 of EEA4 with his details. This is very important. Also provide supporting evidence (P45/60's, stub's, etc).

I think the only other thing is that since you guys aren't married, you'll probably need to provide proof that you live together, even though EEA4 doesn't ask for such proof. This is due to the fact that you are not classified as a family member of an EEA national. You are infact an extended family member.

Here's what Chapter 7 Section 3 Part 5.2.2 of the Immigration Directorates' Instructions of July 2006 say:

5.2.2 Extended Family Member

In accordance with Regulation 7(3) extended family members are only to be treated as family members for the purposes of the EEA Regulations if they have been issued, as a matter of discretion, with an EEA family permit or a registration certificate or residence card. The EEA Regulations allow for an "extensive examination of the personal circumstance" of a person applying under these provisions. The following persons are extended family members:

• A person who is the partner of an EEA national who can show that he/she is in a "durable relationship" with the EEA national. When assessing whether a relationship is durable officers should satisfy themselves fully that the person meets the leave to enter requirements of an unmarried partner as set out in part 8 of the immigration rules.

Hope this helps. But if I were you, I'd definitely seek professional advice to make sure all the "extensive examination of the personal circumstance" are met.

[sphax]

Hi everyone,

I write this message on this subject because I am in the exact same position as Liz.

I am French and my partner is from Hong Kong (British Overseas passport)

We applied for an unmarried partner visa 2 years ago using the FLR(M) form.
I did not fill in an EEA1 as I did not know I should do it. However I received a blue card with 5 years residency, and my partner got a two year leave to remain.

Now that it's coming to an end, I have been given inconsistent information from the home office about which form to use. - EEA2 or SET(M).

The first person I spoke to said I could fill in either an EEA2 or SET(M). Up to us.
But the second person I spoke to was not too sure if we were granted the visa under British Law or European Law. She even mentioned that my partner is recorded as having 5 years visa and not 2 as it is stated on his passport. I am very confused I must say.

I always though we were granted the visa under British Law as they never refunded us the money we paid for the visa, but now I'm not too sure.

If we had the choice I would rather send a SET(M) form as it would give an ILR to my partner. As for me according to what I read here I'll fill in an EEA3 probably in September as I would need my passport for summer to travel.

So any comments/help would be appreciated.

Thanks

[John]

sphax, how long have you been exercising EU Treaty Rights in the UK? By being employed? Self-employed? Or what?

[sphax]

I've been in the UK for a bit more than 5 years.

I studied at university for the first 3 years (working part time as well during my last year), then I did a PGCE (teacher training) at university and I've been working full time for a year and a half now.

[John]

OK, that is important, because having been exercising EU Treaty Rights in the UK for at least 5 years you have PR status ... Permanent Residence. Whilst you could complete a form EEA3 and get confirmation of that, such documentation wold only confirm your status rather than give you additional rights.

So i think you do indeed have a choice. Your partner can apply for ILR using form SET(M), given that you have PR, and thus "settled status". Or he could use form EEA2 to get a 5-year Residence Card.

If form SET(M) used he will need to have passed the Life in the UK Citizenship test, but that does not apply if form EEA2 is being used.

[sphax]

Thanks John. That's very interesting.

I called back the Home Office today trying to get more info on the application we made 2 years ago, but after being put on hold forever the adviser told me to call back on Monday when the caseworker that dealt with our application 2 years ago will be back to work. So we'll see.
This question of British Rules vs European Rules seems to puzzle them quite a lot.

I tried to ask him about what you are mentioning about the 5 years and the PR status, but he did not give me a concrete answer. He said that as a EU member they are not supposed to take my money and therefore I should apply to the EEA one. That's the first time that someone refuses my money...

I will try to get more info on Monday when I'll call back.

[manzana]

Hello Sphax/All,

Like you and your partner, my partner (French national excersing treaty rights since 2001) and I (non-EU - Trinidadian) have also had lots of confusion thrown at us re: UK and European laws.

Here is a liitle history of my case:

We met in 2001 and lived togther since then, applied in 2004 under the 2 year unmarried partners rule using an FLR(o) form as EEA's didnt exist then. My partner got 5 years via a residence card and I got 2 years as a stamp in my passport (which I did find strange).

In 2006, when my 2 year stamp was up, I was then told to use an EEA2 form by the Home Office, not any of the SET forms as EEA's are for EU laws and SET's are UK laws. EEA's are free due to EU laws while SET's are paid - they didnt say I had a choice, fact is Europeans and their partners use EEA forms. But as everything else with the HO, you get varying info, so I'd still ask again.

Anyhow, in 2006 only then I got the 5 year stamp in my passport till 2011. However, my partner's residence card is till 2009 at which point he will use EEA3 for ILR and I will use EEA4 for ILR. However I am not sure if I need to wait till 2011 to apply or can I apply in 2009 with my partner (seperate forms)? Additionally, would EEA4 provide me with ILR to then allow me to apply for UK nationality (to solve our visa etc issues)?

Or as we have done our Civil Partnership last summer (not for immigration reasons BUT cause we wanted to) are there others ways of approaching this. Questions that I'd like to iron out to know how to proceed.

Best Regards