illigeal applying as unmarried partner of EEA national

[31gstonepark]

I wonder if someone could help me.

I am EEA national living in UK for many years working here full-time. Hold permanent residence permit since last year. My partner has been illegal here for many years. We been together for over two years. Can we apply for a non-married partner visa for him if he currently stays here illegally? What form should be used ? EEA2?

We’ve been together for a few years now but initially he was staying over with me and I was staying over with him (as obviously you don’t expect one living together from the very beginning of dating). Last year I bought a tiny apartment and he has been staying with me there. I never thought of putting his name on any of the bills until recently. Now however I am not sure how we can prove that we have a relationship akin to marriage for two years in order to apply. What could be seen as evidence?

And if it get refused could we get married as a last resort. My partners immigration position is really worrying me and I think its time to sort it out. Thank you for all replies in advance.

[Directive/2004/38/EC]

Does he have any evidence that he has been living at your address?

[Monifé]

You need to show extensive documentary evidence that you have been in a relationship over 2 years and UKBA like to see evidence that you have been living together for 2 years or more.

Evidence such as (but not exhaustive):

Lease agreement in both names
Council tax bill
Utility bills in both names (BT, Sky etc)
Phone (Mobile) in his name/your name but to the same address
Phone call or Email history between the 2 of you
Letters of support from family and friends or local people of good standing that know you
Bank statements in his/her name to same address
Joint bank account statements
Any other joint financial commitments
Proof of you exercising treaty rights (Employment contract, payslips, letter from employer)

UKBA will conduct an extensive examination into your relationship due to the fact that "partner" is not a direct family member and only a "other beneficiary" and does not have the automatic right a spouse would.

If marriage is on the cards in your relationship, then it would be a much easier option if you don't have a wealth of documentary evidence.

[31gstonepark]

well as my partner is illegal here he obviously does not have a bank statement or any bills. before he been staying with his relatives and now with me. thats the problem. I think they UKBA be very strict on this and somehow feel that perhaps the marriage route is better. its just I wanted to wait to make the wedding reception perfect and now just go to the registrar to sign the docs.

what about certificate of approval? I read its been abolished as from May 2011. so what are we suppose to do now should we decide to marry? would we need to apply for some sort of permission or just go to registrar and book the time for the ceremony? are we to expect UKBA officers at our wedding? and what appl need to be filled after we get marriage certificate? can I apply myself or is it better to get a lawyer for it? thank you all for your replies xx

[Monifé]

well as my partner is illegal here he obviously does not have a bank statement or any bills. before he been staying with his relatives and now with me. thats the problem. I think they UKBA be very strict on this and somehow feel that perhaps the marriage route is better. its just I wanted to wait to make the wedding reception perfect and now just go to the registrar to sign the docs.

what about certificate of approval? I read its been abolished as from May 2011. so what are we suppose to do now should we decide to marry? would we need to apply for some sort of permission or just go to registrar and book the time for the ceremony? are we to expect UKBA officers at our wedding? and what appl need to be filled after we get marriage certificate? can I apply myself or is it better to get a lawyer for it? thank you all for your replies xx

Certificate of Approval was abolished so all you have to do is apply to get married like any other normal person. See Getting Married

It is up to the two of you if you wish to marry, we cannot make that decision for you.

It is possible UKBA officers could arrive at the registry office, although I have not seen it done much and it should not worry you. With your partner living with you and you as an EU national exercising treaty rights, he is already legal in the UK, getting a residence card is just proving to what he and you are already entitled to under EU law. By getting married, you would be making the process a lot easier for yourselves, as to prove a durable partnership you need copious amounts of documents.

Once married, you would apply on Form EEA2. There is no need to get a solicitor unless there are any hidden can of worms in your case, like your partner has a criminal history etc

If you have any questions about the form, come on here and ask away.

Basically just fill out the form and gather as much of the listed documents (on the form) as possible.

[31gstonepark]

I think going down the marriage route seems easier. Just for now to regularise his status. It does worry me that I live with illegal immigrant. I always feel somehow not at ease knowing his status in the UK as we cant do anything together visit parents together etc. Plus we want him to get a degree hopefully starting next year. At least we can plan a life together and not just enjoy the moment and hope it lasts.

I will be looking at the form over the weekend. I will also call the registrar today to see how long we have to wait. And at the end of the day we can renew our wows in summer and make a proper celebration then!

Thank you for your kind reply. I will get back if need any help on EEA2 form. Thank you once again.

[Directive/2004/38/EC]

I would also suggest he get a bank account and anything else that makes life easier!

[31gstonepark]

Would you just confirm that it is EEA2 form that we will need to complete? I am EEA citizen and I do hold a permanent residence permit in the UK. I got it last year. just got little confused what the form EEA4 is for then? thank you

[31gstonepark]

Looking at the form I have the following questions to ask:-

I do not need a residence card of any sort. I already hold Permanent Residence Permit in the UK. I applied for it some two years ago and hold one for about 1 year and half.

Section 1- applicants details. Who is applicant? My illegal partner or me EEA national?
Section 2 – who should fill that part?
Section 3 – who fills this part?
Section 5 – is it where I need to give my employment details?

How to obtain evidence of comprehensive sickness insurance? What is it?
I just looked at form EEA4 and believe that this might be more appropriate in our case. I hold permanent residence card and my partner if we marry should be applying for one then? Kindly explain.

Form EEA4 is very similar to EEA2 so your replies to my questions above would apply. However in form EEA4 section 7 is not clear for me. What shall we state? I already gave all details to the UKBA when was applying for a permanent residence some time ago. And my partner has been illegal here for about 7 years. What shall I write?


Thank you again for all your replies. Wholeheartedly appreciated.

[Monifé]

Looking at the form I have the following questions to ask:-

I do not need a residence card of any sort. I already hold Permanent Residence Permit in the UK. I applied for it some two years ago and hold one for about 1 year and half.

Section 1- applicants details. Who is applicant? My illegal partner or me EEA national?
Section 2 – who should fill that part?
Section 3 – who fills this part?
Section 5 – is it where I need to give my employment details?

How to obtain evidence of comprehensive sickness insurance? What is it?
I just looked at form EEA4 and believe that this might be more appropriate in our case. I hold permanent residence card and my partner if we marry should be applying for one then? Kindly explain.

Form EEA4 is very similar to EEA2 so your replies to my questions above would apply. However in form EEA4 section 7 is not clear for me. What shall we state? I already gave all details to the UKBA when was applying for a permanent residence some time ago. And my partner has been illegal here for about 7 years. What shall I write?


Thank you again for all your replies. Wholeheartedly appreciated.

No, he does not apply on EEA4 because that is the form for permanent residence for an EEA national living in the UK. He will not be eligible for permanent residence until you are married 5 years and provided you are still living in the UK.

You do not need comprehensive sickness insurance (health insurance, VHI etc) because you are working. Health insurance is only for EEA nationals that are exercising their treaty rights by studying or by being self-sufficient. It is assumed that if you are working, you would have enough money to cover health expenses.

Section 1: The applicant is your non-EEA partner. He is applying for the residence card so therefore he is the applicant.
Section 2: You can leave this part blank unless your partner has any non-EU children or family members he wishes to include on the application for consideration of residency rights.
Section 3: This should be your details as you are the EU family member.
Section 5: Your employment details should be filled in here as you are the EEA family member exercising your treaty rights in employment.
Section 7: You are not a student so leave this part blank.

[Kitty]

The applicant is your partner.

If you have PR then you do not have to have sickness insurance. If you want to apply for confirmation of your PR status then you may do that using form EEA3.

Your partner will not attain PR until he has been living in the UK in accordance with the regulations for 5 years. If he does apply for confirmation of PR status after that period, then EEA4 is the form for him.

[vinny]

See also TA and Others (2006 Regs – reg 8) Nigeria [2011] UKUT 00253(IAC).

[31gstonepark]

Just had another thought over the weekend in regards to our position. I do have a rent agreement on our both named for a year. Plus as I am the flat owner I can issue him with the rent agreement. Would that be enough as a proof that we resided together for two years? Or a rent agreement from me as a landlord is not a good enough evidence? My partner does now have a gas bill coming on his name since last month but as we never really thought of the matter re: regularising his position in the UK I did not arrange any bills on his name earlier.

Do I need to familiarise with any cases re: partnership with EEA citizen before applying?

If the visa for him as a partner does get refused can we get married and re-apply as a married couple? Would there be anything stopping us? Or would that make an application more difficult in the future if the first visa as a partner get refused?