Unmaried Partner EEA2 Questions

[kabuki]

I've read through the UK Boarder Agancy website, but things there are quite vague in regards to certain aspects of the EEA2 application/process.

My situation:
Me: US Citizen residing in Ireland (currently on a Stamp 1A - Trainee Accountant visa - expires 28 Feb 2010)
Partner: Dutch Citizen residing in Ireland for 12+ years

We met in Aug 2007. The first part of our relationship was long-distance, but I made a 2 week trip, 3 month trip and 1 month trip in the early part of our relationship (residing with my partner at all times). I then was offered a job as a trainee accountant that started in Sept, so I went to the Netherlands for 3 months to residewhile waiting on being able to re-enter Ireland on the Stamp 1A. I've now been on a Stamp 1A for 1.5 years. Aug-Nov 2008 (as well as the time I made the visits) I resided with my partner, but I was never added to the lease, though I do have post that was sent there (bank statements, work post, and the like). We then moved to a new apartment where we were both on the lease. At this point in time we have been on the same lease for 1 year and 1 month. By the time we make the application for EEA2, we will have been on the same lease for 1 year 6 months. (We can't move until our lease is up in June.) In addition to everything here, I have met all of her family and have an excellent relationship with them. We have travel documents, current lease, post from previous residence, photos and can have letters written by family as well.

I will be attending uni in London for the PGCE, so I can always go the student route, but we would prefer the EEA2 route as the visa is good for 5 years and I won't have to worry about applying yet again. My partner has currently gone freelance. She is currently based in Ireland, but most of her business is coming from the UK. We would like to make the move together instead of her first and me following.

In Ireland, we will be sending off an EU residency application in the 2nd week of January, so it's possible I'll have an EU family stamp from Ireland at the time of application (depending on how fast Ireland moves of course). We have to make this application as my visa runs out in Feb and we can't move til after June.

My questions are as follows:
Must the non-EEA citizen make the EEA2 application from outside the UK? If so, how long does this take?
Can the application be submitted before the EEA citizen moves to the UK, or must the EEA citizen be set up in the UK first?
Would it be better for my partner to setup her freelance buisness in the UK than Ireland for the purpose of the EEA2 application? Is it possible to do this from Ireland as most of her work is coming from the UK and it's based online?

Any help/advise will be much appreciated. Thanks.

[Wanderer]

U will need to prove a 'durable' relationship which the UKBA takes to mean two years cohab. 'duly attested' which means with proof.

UKBA is normally quite tight on unmarried partners due to the percieved 'lack of commitment' as the Germans called it when we tried a similar thing!

[WellingtonKiwi]

Hi there,
As Wanderer says, to get an EEA2 residence card as an unmarried partner you MUST be able to show you’ve been living together for at least 2 years, so that’s not an option for you at the moment.

You can apply for the EEA2 residence card from within the UK (and I’d recommend it since it can take so long to be processed) – in which case you should come to the UK first, live together for another 6 months and then apply. You’ll need to check that you can switch though, as only certain visa categories allow you to (switching from a student visa to residence card is allowed as far as I’m aware).

Re your partner’s business, if it’s not a big difference to her, I would think that her company being UK-based would help when you eventually make the EEA2 application in terms of showing her income. Basically you want to make things as clear and easy as possible!

[kabuki]

Thanks for the replies. That's very helpful.

I believe I will have to apply for the student visa and then apply for the EEA2 after we reach 2 years on the same lease. I believe that is the only way from the sound of it, as I need a visa for study purpose.

It really sucks because we'll have our name on the same lease for 2 years one month after my course starts.

Thanks again. I really appreciate it.

[kabuki]

Thanks for the reply! We finally submitted the application at the Embassy in Dublin, and just 10 working days later, the EEA Family Permit was approved! Yay! Now the move is a go and bring on the long EEA2 process.

[Plum70]

As you know, the EEA FP is good for 6 months so no need to 'rush' into the EEA2 process. On the other hand, you may want to submit your EEA2 application as soon as is possible and request your passport back for convenience of travel, opening a bank account, securing a lease and other ID-related registration processes.

The EEA2 application should be completed in 6 months from the day the UKBA receives it. Waiting times are much better now than they were a year or two ago.

[kabuki]

As you know, the EEA FP is good for 6 months so no need to 'rush' into the EEA2 process. On the other hand, you may want to submit your EEA2 application as soon as is possible and request your passport back for convenience of travel, opening a bank account, securing a lease and other ID-related registration processes.

The EEA2 application should be completed in 6 months from the day the UKBA receives it. Waiting times are much better now than they were a year or two ago.

Cheers. We plan to have everything set up and then apply. We'll have our lease an accounts set up in about a months time.

Also, how does requesting your passport back work? Can you hold onto it through the application process? Do they hold onto the EEA nationals passport as well? Come Sept I'll be too busy with my PGCE to really go anywhere, but come Dec/Jan, we'd like to travel for the holidays.

[WellingtonKiwi]

As you know, the EEA FP is good for 6 months so no need to 'rush' into the EEA2 process. On the other hand, you may want to submit your EEA2 application as soon as is possible and request your passport back for convenience of travel, opening a bank account, securing a lease and other ID-related registration processes.

The EEA2 application should be completed in 6 months from the day the UKBA receives it. Waiting times are much better now than they were a year or two ago.

Cheers. We plan to have everything set up and then apply. We'll have our lease an accounts set up in about a months time.

Also, how does requesting your passport back work? Can you hold onto it through the application process? Do they hold onto the EEA nationals passport as well? Come Sept I'll be too busy with my PGCE to really go anywhere, but come Dec/Jan, we'd like to travel for the holidays.

I’ve heard of people only submitting a copy of the EEA national’s passport, but when I submitted by EEA2 application with a notarised copy of my partner’s passport the entire application was returned – so I’d go the safe route and send both original passports in. Getting them back is easy: once your application has been acknowlegded, just email
LiverpoolEuro.PassportReturns@UKBA.gsi.gov.uk requesting return of your passports – they are supposed to return them within 10 working days. They will ask you to send them back in when they’ve made a decision on your application.
Don’t forget if you’re travelling out of the UK you’ll need some form of entry clearance to get back in!

[missmineola]

Hi kabuki! Did you end up waiting till you were living together for 2 years before applying for the FP? I am in a nearly identical situation to yours. Noticed that the UKBA guidance on their website now says that there is discretion when the partners haven't been cohabitating for two years but there is evidence of a durable relationship, but that you should normally have been cohabitating for two years.

Thanks much!

[mastermind72]

Missmineaola:

Can you please provide a link as to where does this appear on the UKBA website (that partners cohabition for two years is discretionary?).

T._

[Mariam79]

my partner applied for EEA2 as unmarried partner when we were only 1,5 years living together and the Residence Card was granted but at the time they were looking at our application we already crossed the 2 years line

moved in together July 2008
Application send Januar 2010
RC granted Agust 2010

I have to mention that we have children together so don't know if that has any impact on the decission

[bobobo]

Having children togethor always strengthens the case and the Caseworkers are likely NOT to give the applicants a hard time. This applies also when they check for Sham marriages.

[Obie]

Missmineaola:

Can you please provide a link as to where does this appear on the UKBA website (that partners cohabition for two years is discretionary?).

T._

(4) The Secretary of State may issue a residence card to an extended family member not falling within regulation 7(3) who is not an EEA national on application if—
(a)
the relevant EEA national in relation to the extended family member is a qualified person or an EEA national with a permanent right of residence under regulation 15; and
(b)
in all the circumstances it appears to the Secretary of State appropriate to issue the residence card.

This in itself confers disproportionate power/ discretion on him than the directive itself allow.


Also see.

FD (ALGERIA) and -SECRETARY OF STATE FOR THE HOME DEPARTMENT COURT OF Appeal

FD (ALGERIA) and -SECRETARY OF STATE FOR THE HOME DEPARTMENT AIT

MO (reg 17(4) EEA Regs) Iraq [2008] UKAIT 00061

YB (EEA reg 17(4) - proper approach) Ivory Coast [2008] UKAIT 00062


CHAPTER 5 - RESIDENCE CARD APPLICATIONS SECTION 5.3 Extended family members (including unmarried partners)


Hope this link will shed light on the application process.

It is not strictly speaking right for Secretary of State to demand 2 years of cohabitation before one can qualify for Residence Card as a Durable partner. Other factors will need to be considered, and all the personal circumstance of applicant has to be considered. A decision refusing simply because of Overstaying or lack of 2 years cohabitation is unlawful, and lack the extensive examination required by the directive and Regulation 17(5) of the EEA regulations.

[missmineola]

thanks obie, that was the link to which i was referring!