Applying for unmarried partner visa

[osiris]

Hi

My partner is an Irish citizen, and we have been together for 3 1/2 years with a joint bank account for 3 years and application for mortgage in ireland that was approved, but we never proceeded with buying a house.

We'd like to apply for an unmmaried partner visa due to my work reasons, and was wondering which application forms we'd need to fill out. From my understanding, we'd have to apply through the EU treaty route. Any advice with regards to this matter would be greatly appreciated.

Thanks in advance

[John]

You are in the UK already? If so, on what UK immigration basis? And which country are you from?

[osiris]

I'm Canadian.
Currently on a FLRS as I'm doing a PhD

[John]

If you partner is in the UK and exercising Treaty Rights here, and you have a durable relationship, which certainly sounds to be the case, if the two of you have been together for 3.5 years, yes do make the application on form EEA2. That can be downloaded by clicking here.

There is no application fee, but do expect the application for a Residence Card to take about three months on average to deal with.

The effect of that Residence Card ... actually a sticker in your passport ...will be to confirm that the UK accepts you have the same Treaty Rights in the UK as your Irish partner, as long as your Irish partner continues to exercise their Treaty Rights.

Given the Irish connection, do appreciate that there is an alternative path available. That is because Irish citizens living in the UK are deemed to be "resident" here, you could apply on form FLR(M) for a conventional unmarried partners visa. That would need to be paid for.

The advantage in going done the UPV route is that it will get you ILR in 2 years rather than 5 years, and thus effectively get you Naturalisation as British years earlier, if that is what you want to achieve.

[JAJ]

Given the Irish connection, do appreciate that there is an alternative path available. That is because Irish citizens living in the UK are deemed to be "resident" here, you could apply on form FLR(M) for a conventional unmarried partners visa. That would need to be paid for.

The advantage in going done the UPV route is that it will get you ILR in 2 years rather than 5 years, and thus effectively get you Naturalisation as British years earlier, if that is what you want to achieve.

And for the original poster's benefit : ILR = Indefinite Leave to Remain which is UK permanent resident status.

Is there any plan to (a) get married or enter a civil partnership and (b) for the Irish partner to become naturalised British? If yes to both, the timescale for the original poster's eligibility for Naturalisation may be reduced even further if the standard UK immigration route is chosen.

[osiris]

Thanks for the replies

In reference to the FLR(M) form, does this have any particular benefits over the EEA2 application with regards to
1) the need of a work permit
2) the length of the application process
3) as my partner and I have moved to the UK since the end of May 2006, can we still apply through the FLRM route?

[John]

Before answering those questions, can you say what your partner is doing in the UK? Are they a student? Working? Or what?

It sounds like the two of you were living together in Ireland before moving to the UK. Did you consider getting an UPV rather than a student visa?

[osiris]

She is currently working.
I've started a PhD, so applied for a FLRS first, as it was faster to get...
We were both working in Ireland...

[John]

OK, now it is clear that your partner is exercising her Treaty Rights, using your numbering as per your post at 6.12.pm today (UK time) :-

1. Both entitle you to work .... without needing a Work Permit
2. For FLR(M), could be same-day at a PEO if you are prepared to pay £500 for that, or say a month if you apply by post at a cost of £335. For an application on EEA2, it is free but will take about 3 months
3. Yes you can

[osiris]

Thank you for all the advice!

We'll apply at the PEO!
Fingers crossed all will go well

[osiris]

Sorry, last few questions..

1) Would you suggest using an immigration advisor?
2) OISC or solicitor?

Thanks

[John]

How good is your proof that the two of you have lived together for at least the last two years? If that evidence is good then probably no need for an adviser.

[JAJ]

How good is your proof that the two of you have lived together for at least the last two years? If that evidence is good then probably no need for an adviser.

Assuming the plan is to apply for a UPV under standard UK immigration rules, there may be a risk that the person at the front desk of the PEO doesn't understand the status of Irish citizens in the UK. With the attendant risk that they might want to process the application on EEA grounds instead.

I can't find anywhere in the Immigration Rules or IDIs that makes this "choice"explicit but it's in chapter 21.4.7 of the Diplomatic Service Procedures on the UK visas website:
http://www.ukvisas.gov.uk/servlet/Front ... ur%20seven

If the OP encounters someone at the PEO who insists the application should be made under EEA rules, this section should be quoted.

[osiris]

How good is your proof that the two of you have lived together for at least the last two years? If that evidence is good then probably no need for an adviser.

Most of our documentation are Irish, but come from eg. bank statements, bills from previous homes and official mortgage letters from banks. In addition, we have tenancy agreements from previous landlord/ladys.

[John]

It matters not that most of the evidence is from Ireland ..... but does the evidence prove conclusively that the two of you have lived together for at least the last two years?

And you have evidence from the UK since you both arrived here?

[osiris]

Yes
We also have evidence since coming to the UK that we have been living together

[John]

In which case I would say that you probably need no professional help to prepare and submit the application.

[osiris]

Hi John

I was looking up this website and am concerned whther we can still apply via the FLR(M) route.

http://www.uklgig.org.uk/Already%20in%20UK.htm

"Non-EEA partners of EEA citizens are not able to use the same-day service unless the EEA citizen is settled (i.e. has indefinite leave to remain - permanent residence) in the UK."

As my partner and I arrived in the UK in May 2006, she is not "settled", therefore can we still apply via the FLR(M) route?

Thanks for all the advice.

[John]

I refer you to the post from JAJ, on Saturday at 11.57.pm.

[osiris]

If we decide to apply through the EEA route, does my partner need to fill out an EEA1 form in addition to the EEA2 form for myself?

[John]

If we decide to apply through the EEA route, does my partner need to fill out an EEA1 form in addition to the EEA2 form for myself?

No, that is not a requirement, but it is certainly permitted to do so, if that is wanted.

Given that the EEA Citizen needs to supply information about the way they are exercising their Treaty Rights, I am inclined to answer your question in this way ... why not! That is, send in the EEA1 and EEA2 together. But as said above, the EEA1 can be omitted.

[osiris]

thanks for all your help!
Much appreciated.
This is a great fourm