unmarried partner visa (partner is an eea citizen)

[nomkay12]

Hi everyone

I an a non eea on tier 4 visa, my boyfriend is an Eu citezen living and working in the UK for 10 years(no PR documentation but he is willing to apply for one if it means enabling my application through the UK immigration). I have received mixed advice from the immigration solicitors about this matter, the majority state that I can only apply through the EEA laws and a couple say I can indeed apply through the UK laws, but one says he needs a PR document.

Has anyone been in the same situation and granted/refused the application?

Thanks

[nomkay12]

By same situation I mean applying through the UK immigration law even though partner is an EU citizen.

Thanks again, replies highly appreciated

[Greenie]

He doesnt need to have a PR document but it may make things easier if you choose to go down the UK immigration route.

[nomkay12]

Thank you for your reply.

Why would the UKBA advisor insist that we can only apply through EEA rules?

The second question/comment is I am planning to apply through the UK rules in July because it can be done on a same day/premium service whereas the EEA route takes up to 6 months.

Lastly I just read a reply saying the case worker will only see EU passport and possibly decline if my boyfriend does not have a permanent residency endorsement, is this right?

[Greenie]

Thank you for your reply.

Why would the UKBA advisor insist that we can only apply through EEA rules?

The second question/comment is I am planning to apply through the UK rules in July because it can be done on a same day/premium service whereas the EEA route takes up to 6 months.

Lastly I just read a reply saying the case worker will only see EU passport and possibly decline if my boyfriend does not have a permanent residency endorsement, is this right?

UKBA 'advisors' are not 'advisors' if you are just calling the helpline they are admin staff/telephone staff who do not do casework and don't know about the law. they give wrong information all the time.

if your partner doesnt have confirmation that he has PR then they may not be able to make a decision on the day as they can only decide straightforward cases on the same day so your application will take several weeks to be considered. Is there any reason why you feel you have to get an immediate decision?

[nomkay12]

Thanks again

Well we just don't like the idea of waiting for months without our passports as we would like to travel in august/september.

He'll just have to apply for the PR document to make the application straight forward, hopefully it wont take that long as the UKBA say they process the EEA3 applications asap?