Unmarried partners - don't know what to do

[Tuli666]

I posted this on the family forum but I didnt get an answere so maybe it was the wrong place:
Hi Guys,
I am a 27 year old Israeli. I live with partner who is German and we've been together for 5.5 years. We are leaving together for 5 in the UK. In May, we applied for an indefinate leave to remain for me (after 2 years of 'probationary' period when I had a full working visa). I am STILL waiting for my passport and visa and everytime I call the HO they tell me the same answere (under consideration). I do not understant what is the problem and I feel really down as my partner travels a lot and I usually go with him and for the last 8 month i stay on my own so much. I was also planning to leave my job after a lot of problems there but no employer will take someone with an uncertain future. I have to find a way to figure this out. What can we do?

Thank You

Tuli

full details of my immigration history:
I arrived in the UK in March 2001 as a tourist (I was allowed to stay for 6 months). After I met my boyfriend 3 months later I left the ckountry and then canme back as a tourist again. I stayed for a couple of months and then left again. I came back as a student in Jan 2002 and studied for almost three years. In April 2004 I applied for an unmarried partners visa and got the 2 years (I got the documents and visa back in 8/2004). The 2 years were about to expire in 6/2006 and I applyed for the Indefinate leave to remain in 5/2006. I got a reciept letter from the HO after a few days. I never overstayed here...

[flyboy]

I think time spend as a student does not count toward ILR. Does your German bf have ILR, or is he exercising his treaty rights as an EU national?
If exercising his treaty rights you should have applied for an EEA residence card.

Anyone else that can shed some light on this ?

[Tuli666]

Hi. You can apply for ILR after the first two years the HO gives you an unmarried partners visa. I am certain about that. what I dont understand is- why is it taking so long and if there is any time limit on how long they can keep my aplication/passport? there must be some law regarding timing.
thanxx

[Directive/2004/38/EC]

Is your partner working in the UK?
Have you asked the home office if it is possible to get your documents back early in a way that does not interfere with your application?

[JAJ]

I posted this on the family forum but I didnt get an answere so maybe it was the wrong place:
Hi Guys,
I am a 27 year old Israeli. I live with partner who is German and we've been together for 5.5 years. We are leaving together for 5 in the UK. In May, we applied for an indefinate leave to remain for me (after 2 years of 'probationary' period when I had a full working visa). I am STILL waiting for my passport and visa and everytime I call the HO they tell me the same answere (under consideration). I do not understant what is the problem and I feel really down as my partner travels a lot and I usually go with him and for the last 8 month i stay on my own so much. I was also planning to leave my job after a lot of problems there but no employer will take someone with an uncertain future. I have to find a way to figure this out. What can we do?

Thank You

Tuli

full details of my immigration history:
I arrived in the UK in March 2001 as a tourist (I was allowed to stay for 6 months). After I met my boyfriend 3 months later I left the ckountry and then canme back as a tourist again. I stayed for a couple of months and then left again. I came back as a student in Jan 2002 and studied for almost three years. In April 2004 I applied for an unmarried partners visa and got the 2 years (I got the documents and visa back in 8/2004). The 2 years were about to expire in 6/2006 and I applyed for the Indefinate leave to remain in 5/2006. I got a reciept letter from the HO after a few days. I never overstayed here...

I will leave this to John to comment on in detail as he knows the Immigration Rules better than I do. However it seems to me that part of the confusion is that unmarried partners of EEA citizens were dealt with under the Immigration Rules (ie UK law) prior to 30 April 2006. However since then, these cases have been handled under the European Instructions.

My feeling is that you certainly should ask IND what is going on. If they don't answer you should write to your Member of Parliament for assistance.

As for your partner, as he has been exercising Treaty Rights in the United Kingdom for 5 years, he should use form EEA3 to apply for evidence of his Permanent Resident status (which under the 2006 rules he automatically received after 5 years in the UK).

Does he want to become a naturalised British citizen? He could keep his German citizenship provided he gets permission from the German authorities in advance.

Also - have you any UK born children, or any such children planned in future?

[Tuli666]

Hi and thanks for your comments.
As for the questions: My partner is working in the UK. He has been here for over seven years and always worked full time. In the summer he started working for his own bussiness (he started the company a couple years back but still worked for someone else full time as well).

I've asked the home office for my documents but they said I can have it and then re-apply when I come back. I don't think I want to do that!

I just told my partner about the naturalised british citizen as he wasn't aware of it. so I guess the answere is no fr now.
We don't have any children yet, but we will probably some day.
Do you know if there any law saying what is the maximum time the HO can keep my application?


Thank You for your help.