EEA Family Permit - Unmarried

[wanderer47]

Hello,

I haven't been able to find an answer to this question anywhere, apologies if I've missed a previous post.

I'm an American citizen, my boyfriend has dual Ecuadorian/Italian citizenship. We've been together for about 3 years, and as of May 2012 will have enough documentation to prove 2 years cohabitation.

From what I understand, we should be able to apply for the EEA family permit on the basis of a durable relationship. My boyfriend is currently living here in the US and has never lived full time in Europe, but our understanding is that he only has to "intend to exercise his treaty rights" in order to apply. So, as long as he is seeking employment in the UK we should be good. (He will begin to actively look for employment in the months leading up to May and can include evidence of resumes sent, etc if necessary.) Does anyone see any problems with this plan? Are we missing anything? Is it going to be a problem that he hasn't ever permanently lived in Italy? (He grew up in Ecuador and has been in the US for school for about 6 years now.)

My other big question is this: Our plan is to move to Ecuador in December until we are able to apply for the EEA permit and (hopefully) leave for the UK. Will I be able to apply for this visa if I am not in my country of residence? The application is done through the mail, so my physical location shouldn't matter, right? I would be able to have biometrics done in Quito (According to the British embassy site, there are several places I could make appointments.)

If not I can always fly back to the US and stay with my family for a few weeks, but it would be much more convenient to stay in Quito.

Any advice about my situation would be greatly appreciated, apologies for the long post!

[Jambo]

Your plan seems to be fine.

There is no need for your boyfriend to have lived before in Europe.
He has the right to move to the UK. During the first 90 days, there are no restrictions on his residence there. After that, he needs to exercise treaty rights. There is no need for him to be a job seeker before moving to the UK (or to provide evidence of that).

If you plan to live in Ecuador from Dec-May, would that be your country of residence and be part of the 2 years proof of cohabitation)?

[wanderer47]

Thanks so much for your reply.

Yes, we would be using our time in Ecuador as part of the two years cohabitation. My boyfriend has a job lined up for that time period and we will have an apartment where we would both be signed onto a short-term lease. We should also be able to put utilities into our names, etc, so we have documentation. So I guess that would make Ecuador my country of residence even though I'm not a citizen. I'll be there legally on a 6 month tourist visa to begin; if I'm able to find work teaching English I'll switch to a work visa, which is supposed to be easy to do in-country. If not, my boyfriend will be supporting me during that time. Either way, we're there legally, living together.

Should I be able to apply from Ecuador under these circumstances, or do you think I will need to return to the US?

Thanks again!

[alekos]

http://www.ukvisas.gov.uk/en/ecg/eunati ... milypermit

You can apply from Ecuador.

[Jambo]

Apply from Ecuador.

[vinny]

Hello,

I got some very helpful answers to an earlier question on this forum, and I'm hoping you all can help me again.

I am hoping to apply for the EEA Family Permit on the basis of a durable relationship with my boyfriend in May 2012. From May 2010 until Sept 2010 the only proof we have of cohabitation is:

-An official letter from my boyfriend's college stating that he registered his address at my apt in May.
-His car registered to my address in July.
-His car insurance statements sent to my adress in July and August.
-A notarized letter from my roommate stating that my boyfriend moved in with me in May.
-A copy (not original) of my lease (does NOT have boyfriend's name on it), plus plenty of correspondance proving I lived there from Nov 2009 through Aug 2010.

He moved in with me for the summer after graduating until my lease ran out and we were able to get our own apartment. Is there any chance of this being sufficient proof, or should we give up and wait until Sept 1 when we have joint leases going back 2 years?

Wait or marry.

[wanderer47]

Sorry, I didn't think it was a duplicate posting since it was an entirely new question! From everything that I have read, 2 years cohabitation for the EEA family permit is NOT a requirement, it is only a strongly suggested guideline. (vs. the UK unmarried partnership visa where it's definitely a requirement). And we DO have evidence, I am just wondering if it is enough. Since we clearly have a durable relationship and a ton of evidence to back it up from September on, I was hoping that the 4 months with less evidence wouldn't be a deal breaker. If there's a good chance of us being denied based on too little evidence we will probably just wait.

[wanderer47]

I've read over and over again on this forum that applicants for the EEA FP do not have to supply financial information/evidence that they meet maintenance requirements to live in the UK. I was planning on writing "N/A for EEA applicants" on any financial questions on the application and blacking out info on bank statements that I'm including for evidence of cohabitation.

Then I found this: http://www.ukba.homeoffice.gov.uk/polic ... 2/#header4

Where the applicant can show that he / she is the extended family member of an EEA national, the ECO may issue an EEA family permit if in all circumstances, it appears to the ECO appropriate to issue the EEA family permit. Therefore, an EEA family permit may be refused:

where refusing the family member would not deter the EEA national from exercising his / her Treaty rights or would not create an effective obstacle to the exercise of Treaty rights;
if the applicant would have been refused entry to the UK on general grounds for refusal had they been applying for entry under the Immigration Rules;
maintenance and accommodation requirements aren't met, for example, the non-EEA national's admittance would result in recourse to public funds.

Since an unmarried partner is an extended family member and does not automatically have the right to join their EEA partner in the UK, do we have to prove that we meet maintenance and accomodation requirements?

We have permission to stay with BF's aunt in London rent-free for as long as we need, and we have about $25,000 when we combine our personal accounts and our joint account. Neither of us will have a job lined up. Should we include this information?

[Directive/2004/38/EC]

I would personally include as little economic information as possible. No information about your upcoming jobs, or present jobs, or how much money you have in the bank.

You can always provide that later if asked. And providing too much often seems to lead to rejection!

Focus instead on your relationship and making sure you have all the required documentation and evidence that it is substantial and ongoing.

[Obie]

The information you cited above relates to applicant applying under Regulations 8(4), that has nothing to do with EU law or any aspect Article 3(2) of directive 2004/38EC. It is the UK's so called effort to prevent EEA national receiving less benefit that UK national or Settled migrant.

People who meet the requirement of the Immigration Rules other than those relating to entry clearance (which includes meeting the accommodation and maintenance requirement) will qualify under that provision of the EEA regulation.

It has nothing to do with applicant under Regulation 8(5), which is the category you may fall under.

[wanderer47]

Thanks, that's very good to know. So do I just ignore those sections on the form? Specifically, Part 5 and Parts 8.9 and 8.10: http://www.ukba.homeoffice.gov.uk/sitec ... s/vaf5.pdf
Will I be able to skip over them when I am filling out the online version? Or should I write "n/a for EEA FP" or something similar?

I would like to include a document showing our joint bank account as further proof of a durable relationship, should I black out the balance? Part of me thinks that the joint account will hold more weight if they see it has about $10,000 in it (which makes it clear that we didn't just open an account for visa purposes and stick $20 in it), but I don't want to give the appearance that that's all we have saved. We both have separate personal accounts as well.

[wanderer47]

Hello,

I'm trying to fill out the online application and could really use some input here. There's no option to skip over questions about finances, and I'm not really sure how to approach them.

For example the question What are your Current Personal Circumstances?
Gives options such as employed full time, self employed, unemployed and "Other." Should I choose "Other" and then write "N/A For EEA FP" in the provided text box for an explanation?

Please let me know if you have any idea how to answer these questions, I could really use the help.

Thank you.

[Directive/2004/38/EC]

I would write "this answer is not relevant for this EEA FP applicant"

[wanderer47]

Thank you so much, that is what I ended up writing on the application.

I have one final question before I am completely done with this application! I'm not quite sure what the wording should be on my boyfriend's covering letter for the application.

We're torn between, "I intend to exercise my treaty rights in the UK" and "I intend to exercise my treaty rights by seeking employment in the UK." Do they need to know specifics? Is there something else we should say instead?

Any insight at all into the cover letter would really be appreciated! Thanks

[Directive/2004/38/EC]

We're torn between, "I intend to exercise my treaty rights in the UK" and "I intend to exercise my treaty rights by seeking employment in the UK." Do they need to know specifics? Is there something else we should say instead?

I personally would say:

My name is XYZ and I am citizen of [an EU member state]. I am travelling to the UK. My husband requires an EEA Family Permit, which I understand will be issued as soon as possible and on the basis of an accelerated priority process

Be sure to keep a photocopy of EVERYTHING you submit!

[wanderer47]

Thank you! I mailed the application in last night, now the waiting begins.

[Directive/2004/38/EC]

Please let us know when it is resolved.

[wanderer47]

Issued! My visa is in the mail as I write this. If anyone else is in a similar situation, don't give up hope. Two years cohabitation is not the be-all end-all of this visa. The language in the UKBA guidance even notes that ECOs must consider the overall picture, not only the recommended two years cohabitation. Each case is different, I have no idea how often EEA FPs are issued to couples who have less than the two years and don't mean to give anyone false hope, but clearly it is possible.

I also did not submit any financial information. If anyone has any questions about what we submitted I would be happy to answer them. I know that reading through this forum has been very helpful for me throughout this process!

[vinny]

Congratulations!

[tall_elegant]

Congrats on getting the visa! I am in a similar situation so have learned from your experience.

Question: does your Family Permit give you automatic right to work? I read in this forum that for unmarried partners often right to work is not granted until the Residence Card is issued (you apply for it after arrival in UK)

Also

From everything that I have read, 2 years cohabitation for the EEA family permit is NOT a requirement, it is only a strongly suggested guideline. (vs. the UK unmarried partnership visa where it's definitely a requirement). And we DO have evidence, I am just wondering if it is enough. Since we clearly have a durable relationship and a ton of evidence to back it up from September on, I was hoping that the 4 months with less evidence wouldn't be a deal breaker. If there's a good chance of us being denied based on too little evidence we will probably just wait.

You said that as of May 2012 you would have 2 years cohabitation but they granted you a visa in Feb 2012 -- what evidence did you end up submitting to prove your relationship?

[Directive/2004/38/EC]

Congrats on getting the visa! I am in a similar situation so have learned from your experience.

Question: does your Family Permit give you automatic right to work? I read in this forum that for unmarried partners often right to work is not granted until the Residence Card is issued (you apply for it after arrival in UK)

Also

From everything that I have read, 2 years cohabitation for the EEA family permit is NOT a requirement, it is only a strongly suggested guideline. (vs. the UK unmarried partnership visa where it's definitely a requirement). And we DO have evidence, I am just wondering if it is enough. Since we clearly have a durable relationship and a ton of evidence to back it up from September on, I was hoping that the 4 months with less evidence wouldn't be a deal breaker. If there's a good chance of us being denied based on too little evidence we will probably just wait.

You said that as of May 2012 you would have 2 years cohabitation but they granted you a visa in Feb 2012 -- what evidence did you end up submitting to prove your relationship?

Where did you read the bold part? I think that mostly applies to people who have never applied for an EEA FP. Once you have an EEA Family Permit, they have already decided you are part of the European Law stream and, as far as I know, will always have the right to work with an EEA FP. I would love to see a counter example!

[tall_elegant]

This thread said that as an unmarried partner you don't have the same automatic right to work as a married partner on a Family Permit.

But perhaps I misunderstood the circumstances that person was writing about?

thanks for your feedback!

[Directive/2004/38/EC]

This thread said that as an unmarried partner you don't have the same automatic right to work as a married partner on a Family Permit.

But perhaps I misunderstood the circumstances that person was writing about?

That thread is all about applying for a Residence Card for somebody who is already in the UK. This will be the first time UKBA has heard of the partner (for an evaluation under EU law).

But if you apply for an EEA FP, then that is the first time. UKBA does it's work to determine if that is a family member of an EU citizen. If it is, then they issue the EEA FP and with that the family member can work.

[tall_elegant]

Directive/2004/38/EC thanks for clarifying! i am relieved.

[Obie]

Also see Regulation 7(3) and Extended Family members

Please note that with the right to be treated as family members, comes the right to work without a work permit. See Also Article 23