help!! - unmarried partner visa and EEA1/EEA2 advice

[elenita]

Hi all, I hope you can help me...I'm very confused about my unmarried partner visa, which I'm trying to extend.

I'm non-EEA (Argentinian) and my boyfriend is EEA (He is Argentinian but he also has the Spanish nationality). I applied for an unmarried partner visa issued by the British Embassy of Buenos Aires in March 2005. We paid 350 pounds at that time to be granted such visa.

In July 2005 both my boyfriend and I came to the UK and we've been living together here since then.

My visa is due to expire on 31st March 2007. When I was first granted this visa, I was told that I would be allowed to stay in the UK and to work for two years at first and that near the end of that time, if we were still partners and still intended to live together, I could apply to stay in the UK permanently. (I have a photocopy given by the Embassy that states all this)

As the expiry date of my visa was getting closer, I rung the Home Office and was told by 3 different persons that I couldn't apply for ILR up until July on the grounds that I had to complete a 2 year period of living in the UK (my visa was issued in March 2005 but i moved to the UK in July 2005). They told me that I had to submit the FLR(M) to extend my visa up to July (they wouldn't grant it for longer than that) and then the SET(M) to finally apply for ILR.

So I asked for an appointment and went to the Home Office last Friday only to be told that I had completed the wrong form and that both my partner and I had to submit the EEA1 and EEA2 to get a residence card. His form can be processed in person but mine has to go through the post and takes up to 6 months.
I double-checked the FLR(M) and I don't understand why I can't submit it! It looks to me that I am entitled to do so but was told the opposite.

I'm very worried as:
1- my work contract is subject to my visa renewal so it also expires on 31st March. My employer needs something that proves I'm entitled to work and live here to renew my contract and I do not know how to prove this?!
2- I have already planned and paid for two trips abroad in April. If I send my passport by post I won't be allowed to fly! Is there any alternative document I can send?
3- I have been living in the UK for almost 2 years now but if I apply for this 5 year residence permit will those first two years count to apply for citizenship?
4- when can I apply for UK citizenship?
- With all these comings and goings and so much confusion from the HO I fear I won't be granted anything! I feel as if I were not allowed to stay here any more!

Any help or piece of advice is very much appreciated!

[Wanderer]

Hi all, I hope you can help me...I'm very confused about my unmarried partner visa, which I'm trying to extend.

I'm non-EEA (Argentinian) and my boyfriend is EEA (He is Argentinian but he also has the Spanish nationality). I applied for an unmarried partner visa issued by the British Embassy of Buenos Aires in March 2005. We paid 350 pounds at that time to be granted such visa.

In July 2005 both my boyfriend and I came to the UK and we've been living together here since then.

My visa is due to expire on 31st March 2007. When I was first granted this visa, I was told that I would be allowed to stay in the UK and to work for two years at first and that near the end of that time, if we were still partners and still intended to live together, I could apply to stay in the UK permanently. (I have a photocopy given by the Embassy that states all this)

As the expiry date of my visa was getting closer, I rung the Home Office and was told by 3 different persons that I couldn't apply for ILR up until July on the grounds that I had to complete a 2 year period of living in the UK (my visa was issued in March 2005 but i moved to the UK in July 2005). They told me that I had to submit the FLR(M) to extend my visa up to July (they wouldn't grant it for longer than that) and then the SET(M) to finally apply for ILR.

So I asked for an appointment and went to the Home Office last Friday only to be told that I had completed the wrong form and that both my partner and I had to submit the EEA1 and EEA2 to get a residence card. His form can be processed in person but mine has to go through the post and takes up to 6 months.
I double-checked the FLR(M) and I don't understand why I can't submit it! It looks to me that I am entitled to do so but was told the opposite.

I'm very worried as:
1- my work contract is subject to my visa renewal so it also expires on 31st March. My employer needs something that proves I'm entitled to work and live here to renew my contract and I do not know how to prove this?!
2- I have already planned and paid for two trips abroad in April. If I send my passport by post I won't be allowed to fly! Is there any alternative document I can send?
3- I have been living in the UK for almost 2 years now but if I apply for this 5 year residence permit will those first two years count to apply for citizenship?
4- when can I apply for UK citizenship?
- With all these comings and goings and so much confusion from the HO I fear I won't be granted anything! I feel as if I were not allowed to stay here any more!

Any help or piece of advice is very much appreciated!

I don't understand how obtained a UK Unmarried Partner Visa since neither of you is British. Are you sure that's what it is? I suspect it's am EEA Family Permit on the basis of ur partners EU status and exercising of treaty rights in UK. Mistakes are made tho even by the wonderful Uk Gov......

I dunno! In my often wrong opinion you should have got a 6 month EEA Family Permit to move to UK with, then I think a five year one after that, then citizenship.

The UPV, ILR Citizenship route using forms FLR(M) and SET(O) is for those married to/partnered with UK citizens.

Sth wrong here if u got UPV from Embassy, the fee is the correct amount I think, EEA permit is free AIUI. Weird.

[elenita]

The sticker reads:

Type: To acc partner M. XXXX YYYY (his name)
Observ.: No recourse to public funds

We were advised at the UK Embassy at that time that the unmarried partner visa was the way to go.

Any help with the other question regarding my passport and my trip in April??

Thanks!

[Wanderer]

I still can't fathom how you got the Unmarried Partner Visa! Nevermind, either I'm wrong or the Embassy made a mistake...

I understood the EEA permit is a largely quick and painless application, although I've no experince of this. I have a bit of experience of FLR tho and from what I've seen that would take 3/4 weeks, possibly putting ur April trips in jeopardy if any problems. And there would be problems too cos it isn't the right form for you.

The way I see it is your only option is the EEA Family Permit, but im not and expert. I'm certain you'd have to send in your passport.

Read this :http://en.wikipedia.org/wiki/EEA_family_permit

[JAJ]

I still can't fathom how you got the Unmarried Partner Visa! Nevermind, either I'm wrong or the Embassy made a mistake...

I'm open to correction on this, but as far as I understand it, prior to 30 April 2006, unmarried partners of EEA nationals were granted UPV status under the Immigration Rules rather than an "EEA Family Permit".

If that's the case then the big question is whether such a person can apply for ILR after 2 years, or whether he or she needs to get an EEA2 permit and wait a total of 5 years for Permanent Residence.

[SunBlue]

JAJ, you are totally right! Before April 2006 unmarried partners used to get Unmarried Partner visa (and not EEA Family Permit as this was not covered under EU laws).

Elenita, don't worry, you can send the EEA2 application and you will get a 5 year residence permit.

About 2 weeks after you apply, you will receive a letter confirming your application and that you are entitled to work. So you can show this letter to your employer. And if they are still in doubt, there's a phone number in this letter where they can call and confirm your status.

The 2 years you spent should be counted to your citizenship time.

My case is similar: I am in a civil partnership with a german citizen. I came to the UK in 2005 and it our civil partnership was not recognized either in the UK or in the EU laws.
I entered as a tourist and applied with EEC1 (now called EEA1). I was granted a visa for 2 years and my partner (german) got a 5 year one.

Now I just applied for extension using form EEA2 - I was a bit upset because I got a letter also telling that I could apply for Indefinite Leave to Remain after the 2 year period!

I called Home Office several times and they said I could apply for Indefinite Leave to Remain after more 3 years (2 years with the first visa and 3 years with the extension one). They will normally grant for 5 years, but as soon as I complete 5 years living here I will be able to apply for ILR.

[elenita]

JAJ and Glauco - Thank you very much for your reply!!!

I'll post both forms together EEA1 & EEA2 as required by HO. Hopefully, everything will be ok.

As I'm flying abroad in April, I'm planning to send certified copies of our passports (certified by notary) and let them know that after the trip I'll send both passports to them. Do you think this would be ok? I'll send copies of my flight tickets and accomodation for their records to justify why I'm sending a certified copy instead of the original one.

Thank you for all your help!

[Wanderer]

JAJ and Glauco - Thank you very much for your reply!!! :D

I'll post both forms together EEA1 & EEA2 as required by HO. Hopefully, everything will be ok.

As I'm flying abroad in April, I'm planning to send certified copies of our passports (certified by notary) and let them know that after the trip I'll send both passports to them. Do you think this would be ok? I'll send copies of my flight tickets and accomodation for their records to justify why I'm sending a certified copy instead of the original one.

Thank you for all your help!

I could be wrong again but would they not need the original passport to put the permit into?