Unmarried partner- SET? EEA2? EEA4?

[mylabyrinth]

Hello everyone,

I was wondering if anyone could advice on my situation.

I am a non-EU citizen and have been in the UK for 7 years now, 4 on a student visa, 1 on work permit and last one on a visa for unmarried partner of a EU person. My partner is Eu-citizen and he has received a Residence permit vaid until Nov 2009 when we applied two years ago as unmarried partners (EEA1, I think). We are both employed and have been living together in the UK for 5+ years.

My visa expires this month and I am totally confused about the options.

- SET(M) ?
- EEA2 - is this form only for married partners though? It doesn't say anything about couples living together.
- EEA4 (probably best option, which means that my partner needs to apply on EEA3) My partner would qualify under the 5 years rule, although he was a student for one year, but continued to work part-time.

Any help, much appreciated.

Ariadne

[JAJ]

Your options may be clearer if you say:

- How long has your EU partner lived in the UK?
- Which EU state is he from?
- Do you have any children born in the UK?

[mylabyrinth]

Hi, JAJ,

Many thanks for having a look at the posting, my partner is Spanish and we have been living together in the UK for 5 years since Nov 2001. We don't have any children.

Thanks,

Ariadne

[John]

I think that EEA2 is the correct form to use, but you are right, it does not totally meet your circumstances. The reason for that is simple ..... IND has yet to fully react to the new EU/EEA legislation that came into force on 30.04.06.

So I think use EEA2 and work around the IND incompetence as best you can.

[mylabyrinth]

John,

Thanks for such a quick reply. Why not EEA4, if my partner has been here for more than 5 years? (4 working, 1 studying).

Ariadne

[John]

As I understand it, from what you have posted, you have been on the EU/EEA route for only one year. Accordingly I can't see how you could apply for Permanent Residence using form EEA4.

[mylabyrinth]

John,

It's 2 years in November, when my visa expires (as partner of EU citizen), hence my application for a new one. So is this about length of being on EU route or about fulfilling the requirements for EEA4 (EU partner exercising Treaty rights for 5 yrs?).

I'm getting very frustrated with the complicated language of all these forms, should I offer to simplify them in exchange for a quick and unpainful solution to my case? I'm sure it won't work, but they might be amused and look at my application before the 6 months waiting time (6 months?!)

Many thanks again,

Ariadne

[John]

So is this about length of being on EU route or about fulfilling the requirements for EEA4 (EU partner exercising Treaty rights for 5 yrs?).

I think the length of time your partner has exercised their Treaty Rights in the UK cannot get passed to you.

Simple example .. real .... naming no names ... Danish Citizen starts living and working in the UK 7 years ago. One year ago he gets married to a girl from Thailand. She applies for and gets an EEA Family Permit in Thailand and then moves to the UK. Near the end of the 6-month validity of the EEA Family Permit she uses form EEA2 to apply for a Residence Card.

So Mylabyrinth, even though the Danish citizen has been here well over 5 years, that gives his wife no ability to use EEA4 to get Permanent Residence. She can only make such an application when she has been in the UK for 5 years exercising her Treaty Rights.

actually, a further thought ... your current visa ... without naming names .... what exactly does the visa say? Can you post that detail please?

[mylabyrinth]

John,

This is most helpful, thank you for time and effort. Why can't they spell these things out for everyone? I consider myself highly educated and still can't engage with the language of these forms.

Two years ago, when we applied under the EU scheme, we were told we would be much quicker to get to ILR for myself - 2 years on the scheme would ensure ILR through SET(M) form. There was no mentioning of Treaty rights, I've checked all my notes from that time and their letter.

I've been here for 7 years, student, working, then switched to EU scheme, hoping this will be quicker, I was probably wrong. I am just frustred for all migrants that things are so encoded by the Home Office.

The only good thing to come out of all the frustration is that am planning a project on migrant workers, might get back to all of you here for some 'volunteers':)

John and the other moderators, well done for all the time and work you put into this.
Ariadne

[John]

Ariadne, I added a bit to my previous post. Can you post details of what your current visa actually says? (without naming you or anyone)

[mylabyrinth]

John,

it is a standard stamp, with a BLG number at the top, then

'leave to remain in the United Kingdom on condition that the holder maintains and acccomodates himself (sic!) and any dependants without recourse to public funds is hereby given until ... on behalf of the Secretary of State'

and lovely Tracey authographed it

Thanks,
Ariadne

[JAJ]

John,

it is a standard stamp, with a BLG number at the top, then

'leave to remain in the United Kingdom on condition that the holder maintains and acccomodates himself (sic!) and any dependants without recourse to public funds is hereby given until ... on behalf of the Secretary of State'

I am just wondering if you were given leave to remain under the Immigration Rules rather than EEA rules. If that's the case there might be an argument to go for ILR now with form SET(M).

But you should see what John has to say.

Incidentally, has your Spanish partner applied for a Permanent Resident stamp using EEA3, if he has now been exercising Treaty Rights for 5 years?

Three consequences of being a Permanent Resident include:

- he may now be able to sponsor under the Immigration Rules instead of EEA rules; and

- if you have children born in the UK, then the children should automatically be British citizens by birth (based on a Permanent Resident parent). However the Passport Office may not understand these rules, so if you do have a child, get a letter from the Home Office IND confirming his or her British citizenship.

- after one year as a Permenent Resident (and with 5 years in total), your partner could apply for Naturalisation as a British citizen if he wishes. However he could lose his Spanish citizenship if he does this and should write to the Spanish Embassy or consult a Spanish lawyer if this is important.

[John]

I am just wondering if you were given leave to remain under the Immigration Rules rather than EEA rules. If that's the case there might be an argument to go for ILR now with form SET(M).

JAJ, that was exactly the thought I had, has a 2-year UPV been granted under UK legislation, rather than EU/EEA legislation.

Mylabyrinth, the application that led to that 2-year visa being granted, was there an application fee paid? Or was it free? And do you remember what type of form was submitted nearly 2 years ago?

[mylabyrinth]

John,

I think it was under the European Law, as it was free and they've sent back a Residence Permit for my partner and the above visa for myself. I dont remember the exact form, but what is now EEA1 looks like it.

I called again today (6th time!) and the 'average' of all suggestions is now EEA2:) Best suggestion for anyone relying on their advice: call 10 times and do the average of responses?!

Many thanks,
Ariadne