EEA2 help-Unmarried partner-NOT cohabiting for 2 years

[serr]

Hi all

My situation is as follows and I need urgent help, advice:

I am a non EEA citizen living in the UK for around 6 years. My current leave will expire on 1 September 2011- in a few weeks. I have got an unmarried EEA partner who I live with since January 2011-we have been together since March 2010; therefore we haven’t been living together for at least 2 years to satisfy the durable relationship. Obviously I can provide evidence of living together since January 2011.
Now I am wondering if anyone in my situation has applied for an EEA2 as an unmarried partner without 2 years of cohabitation and managed to obtain the residence card?
Can anyone please comment and advise about the likelihood of me getting the residence card without 2 years of cohabitation.

I have read http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

However it is not clear what happens to ones without the cohabitation, would the HO usually use their discretion and honour the residence card or not?
Please share any previous experience and advise- I know the outcome of this application is not set in stone if I go ahead but any advice will help me to know the odds and common practice of HO in this situation.

Many thanks

[Qman]

I haven't heard of anyone in your situation, so from what I know it doesn't sound promising but I would guess that you'd need to show evidence of the relationship, maybe a letter stating intent to continue living as a family and someone should think about proposing.

If you had been living together, there is provision for you to be apart for up to six months without impacting on the 2 year requirement but I don't know if just being in a relationship can be considered anything other than just being a boyfriend (as opposed to being akin to marriage)

I hope you get some good advice here, immigration lawyers could also give you advice before hiring one to deal with your case (talk to a few different ones)

Good Luck

[Jambo]

With only a few weeks to go until September, I would suggest you also examine ways to extend your existing (non EU) visa.

The HO are quite strict on durable relationship (and the EU directive allows them to examine unmarried relationship). Do you share your finances (joint bank account, joint property)?

[serr]

Thanks guys,

qman as you say, the guidance is very vague as to what is considered a durable relationship without the 2 years of cohabitation-

is it common practice that you right a letter stating you are an unmarried partner of an eu citizen exercising treaty rights? if thats all i need, its no problem to write a letter.

we might be able to get married just about in time but thats not the preferred option. i might have to extend my current permit which i dont prefer because not leading to ILR.

Jambo-we share finances but not a joint bank account or we dont have joint property or children.

many thanks

[Qman]

If you don't mind, could you give us some info on what type of leave to remain you currently have?

Also, as for the HO using their discretion, unless there is some very compelling reason for the HO to consider you in a committed, durable relationship (love doesn't count) I can't see them overlooking the 2yr requirement.

While I'm sure getting married under these conditions may not be ideal, it should be preferable to the alternative... stuck in limbo not knowing if you are coming or going.

Your rights are guaranteed once you are married, while as an unmarried couple the home office have the freedom to take shots at you and basically question the validity of your relationship at every opportunity.

As things stand, even if you had the 2 years cohabiting, you would not be able to take up employment until you receive a Certificate of Application (COA) which usu takes a month, taking you past your 1st Sept deadline. Even with the COA, with you being unmarried, you are very unlikely to be granted permission to work (Not sure how urgent that is for you) and if anything they're very likely to just refuse you outright.

The way I see it, other than getting married you'd be better off renewing your current leave to remain, even if that takes a while at least you are legal while it is being considered. Unfortunately it won't be enough time for you to make up the 2 yrs

If you do go down the marriage route, be advised the Registry offices need to be given notice and you can't just walk in, you need an appointment to make an appointment to wed (crazy, I know).

And because you are subject to immigration control you have to go to a Designated Registry office which may not be in your city. Depending on where it is you could have anything from a week to 4 weeks wait just for an appointment to give notice, so you should probably discuss all options with your significant other.

Hopefully I'm wrong and someone has heard of a similar case and can give you some tips.

It is going to be a trying time, so steel yourself and get ready for anything.

Good luck

P.S. The letter I mentioned would in the form of a short covering letter sent with your application not just on it's own.

[toni34]

yes,i got an unmarried partner eea2 and i was able to prove that i have know her for more than 2 years,the period we co-habited was les than one year 6 months and it was approved after 9 weeks,though we had a baby together.

[serr]

Long story short, I am a Turkish national who is on a leave to remain for Turkish people, you might know of it, ‘ecaa2 turkish employed’, I can get that extended no problem because I am still employed. The problem with that visa is that it doesn’t lead to ILR. That’s why I wanna switch to eea2 preferably without getting married. As I understand, it is always a risk to apply to eea2 without getting married. (I have been living with my partner since 1/2011, no kids)

I have now decided to extend my current visa which will be extended for another year and maybe try to get eea2 through unmarried partnership when I get my passport back. I am wondering if it’s a good way to play this, the plan is send it straight back when I get my current extended and I will have a permit on my passport lasting a year, so if eea2 unmarried doesn’t work, I will get my passport back no problem and I will have a permit on it. If this(unmarried) doesn’t work we will get married and apply this way. Do you think doing this is a bad impression and might cause me trouble if I then go and get married and apply as a married partner? I can apply to eea2 as many times as I want as far as I know? This is the best way I can think of. Please let me know if you can think of anything else..

Toni34-did you apply as a durable unmarried partner and can you tell us what you provided to prove that even though you had less than 1.5year cohabitation.

Thanks for all the formalities about getting married and all your advice

[Jambo]

I think your approach is your best option.

Apply for EEA2 in January 2013 when you can prove 2 years of durable relationship and cohabiting. The HO are quite strict with that (unless you have a kid together which is stronger proof than just cohabiting).

You should not have problems if you get married and apply again but my advise is don't get married just to sort out your visa issues. Do it at the right time for the right reasons (nothing to do with marriage of convenience. I'm sure you are both in love but pushing the date just because of a visa is not a healthy approach for marriage).

[serr]

Trouble is that i dont want to wait until jan 2013 to apply for eea2. i was thinking of trying it as unmarried around oct-nov 2011-(then, my current permit will have been extended until sep 2012, so i probably have nothing to lose?); if it doesnt work, get married and apply as married. Do you think this might work?

i also agree with getting married just for immigration purposes. this is why i might push for it without getting married.

thanks

[alexandrette]

Long story short, I am a Turkish national who is on a leave to remain for Turkish people, you might know of it, ‘ecaa2 turkish employed’, I can get that extended no problem because I am still employed. The problem with that visa is that it doesn’t lead to ILR. That’s why I wanna switch to eea2 preferably without getting married. As I understand, it is always a risk to apply to eea2 without getting married. (I have been living with my partner since 1/2011, no kids)

I have now decided to extend my current visa which will be extended for another year and maybe try to get eea2 through unmarried partnership when I get my passport back. I am wondering if it’s a good way to play this, the plan is send it straight back when I get my current extended and I will have a permit on my passport lasting a year, so if eea2 unmarried doesn’t work, I will get my passport back no problem and I will have a permit on it. If this(unmarried) doesn’t work we will get married and apply this way. Do you think doing this is a bad impression and might cause me trouble if I then go and get married and apply as a married partner? I can apply to eea2 as many times as I want as far as I know? This is the best way I can think of. Please let me know if you can think of anything else..

Toni34-did you apply as a durable unmarried partner and can you tell us what you provided to prove that even though you had less than 1.5year cohabitation.

Thanks for all the formalities about getting married and all your advice

Hi Serr

I have almost a similar story as yours. I am a Turkish national and I was on ECAA Turkish Employed visa. I have been in UK for 5 years and in relationship with an EEA national for almost 3 years and we got married (civil partnership) 4 months ago. I am in the middle of waiting process for a residence card which was submitted almost 3 months ago.

We had to go to EEA route as I had to sacrifice my previous job for our relationship which was underpaid and unable to afford living together (rent etc.) also maintain myself. So I had a far better job for almost a year and a half which was not exactly matching the requirements of ECAA Turkish Visa so we did not want to risk it and went with this route. Also as you mentioned ECAA wouldnt give ILR and you had to extend it every year which is another pain.

For us getting married was not any pressure and wouldnt make that much difference and actually made things even stronger.

For your case ; if your ECAA visa requirements are all fine I would extend for another year and then apply for EEA2 as unmarried partner.

All the best!

[serr]

alexandrette

how long were you on the turkish employed for? i have just finished the first 2 years and about to go on the second indent, which will only be for a year doing the same type of job.

Can i ask what your permit said if you have been on the second indent' same type of job'. does your permit state job title or job type? and where do they get this information? I guess from an employment letter stating your job title or from the answer to the question'what type of employment are you engaged in' on the application form? I am asking because i am about to change jobs.

I guess you were also lucky that you could change jobs if it wasnt matching the requirement of the ECAA.

My trouble is in 09/2012(this is when my ecaa will be extended until) i will not have been cohabiting for 2 years, I will be in 01/2013;and i dont want to wait that long to go for the eea2.

thanks

[alexandrette]

alexandrette

how long were you on the turkish employed for? i have just finished the first 2 years and about to go on the second indent, which will only be for a year doing the same type of job.

Can i ask what your permit said if you have been on the second indent' same type of job'. does your permit state job title or job type? and where do they get this information? I guess from an employment letter stating your job title or from the answer to the question'what type of employment are you engaged in' on the application form? I am asking because i am about to change jobs.

I guess you were also lucky that you could change jobs if it wasnt matching the requirement of the ECAA.

My trouble is in 09/2012(this is when my ecaa will be extended until) i will not have been cohabiting for 2 years, I will be in 01/2013;and i dont want to wait that long to go for the eea2.

thanks

Serr

I was on my last indent which is the fourth year. You know that you have to work with the same employer fot the first 3 years and then for the fourth year you can work with any employer on the condition that is the same type of occupation. So on the first indent it stated the place i worked only. Yes they get it from the documents that you submit! When apply for it. I had already completed 2 years and I got it in 4 days!

Then second indent which was the end of the third year (my last indent, beginning of the fourth year). It only said "able to work as authorised.." no work place nothing. This was my last year and this when I had to change my job which was not the same occupation as the previous one. Thats why I did not go ahead with ECAA Turkish Employed visa. I decided to switch into EEA route.

So if you are in the first 3 years rule it will state the place of work but for the 4th year it does not state anything about the conditions or limitation on your work permit.

As said before if you do not have any problems with your work you do as ECAA Turkish Employed visa, I would suggest you to stick to it. Its very easy and quick as long as your case is straight forward or if you have not cheated the rules whatever. As your are not strong as EEA unmarried partner that would complicate the things and you would also loose your ECAA rights as far as i know.

[serr]

many thanks for the info.

so, if i understand correctly.
the first indent (first 2 years of ecaa):states work place(this is what i have now),
but the 2nd indent(3rd year) doesnt state ?job title or job type?
and the third indent(4th year onwards) is similar to the 2nd indent?

if this is correct, how can one know if there is a 'same job title or job type' limitation on the 2nd indent of ecaa? hope i am making sense.

cheers

[alexandrette]

many thanks for the info.

so, if i understand correctly.
the first indent (first 2 years of ecaa):states work place(this is what i have now),
but the 2nd indent(3rd year) doesnt state ?job title or job type?
and the third indent(4th year onwards) is similar to the 2nd indent?

if this is correct, how can one know if there is a 'same job title or job type' limitation on the 2nd indent of ecaa? hope i am making sense.

cheers

Nope, thats not quite right!

The first three years states work place but the fourth year visa doesnt state anything.

They probably have your file and they ask your Case ID or reference number on the application form to track your case. Thay also ask your NI number so that they can monitor the places you work on the fourth year which is the last indent.

Also the fourth year as you know it doesnt have to be the same employer but the same type of job.

As you may remember they have completely separate department which is ECAA Turkish Team who deal only with these applications so I am sure they keep the records as each application depends on each other till the indent period finishes.

[alexandrette]

Also as you know they ask documents like;

letter from the employer
payslips
bank statements

which enables them to understand where you actually work and they check if you get paid from the same employer who provides you the letter and payslips...

[serr]

many thanks for the info.

so, if i understand correctly.
the first indent (first 2 years of ecaa):states work place(this is what i have now),
but the 2nd indent(3rd year) doesnt state ?job title or job type?
and the third indent(4th year onwards) is similar to the 2nd indent?

if this is correct, how can one know if there is a 'same job title or job type' limitation on the 2nd indent of ecaa? hope i am making sense.

cheers

Nope, thats not quite right!

The first three years states work place but the fourth year visa doesnt state anything.

They probably have your file and they ask your Case ID or reference number on the application form to track your case. Thay also ask your NI number so that they can monitor the places you work on the fourth year which is the last indent.

Also the fourth year as you know it doesnt have to be the same employer but the same type of job.

As you may remember they have completely separate department which is ECAA Turkish Team who deal only with these applications so I am sure they keep the records as each application depends on each other till the indent period finishes.

ok, i am finishing the first 3 years with the same employer now..the last 2 years was on ecaa, the first year was on another permit.

what i am asking is -the fourth year as you say- where you have to do the same type of job(this is also the second indent-which i will be going on-this is extended up to 12 months). does your permit state anything-if so what?


(in order words:'Also the fourth year as you know it doesnt have to be the same employer but the same type of job.'
does this permit state anything on it? )

cheers

[alexandrette]

No the fourth year doesnt state anything.