FLR (M) vs EEA2

[trm]

Hi all,

I have really tried to avoid posting here and I have done a number of searches here over the past few weeks but I am still a little confused.

I am an Australian and My girlfriend of 4 years is Swedish. We have lived together in a marriage like relationship, and can prove so, for the past 3 years. We have lived here in England for the past 12 months with me on a working holiday visa. I still have a year on my working holiday visa but soon I will not be able to work anymore as I will have worked for 52 weeks. She is working thus exercising her treaty rights.

After reading this forum I was all set to apply using the EEA1 (her) and EEA2 (me) forms however it seems that this can take a number of months to be approved even if it is a relatively straight forward situation.

1) My question is, should I apply using the FLR(m) form instead and pay the £500 to do it via the PEO so it can be decided on the day OR should I run with the EEA2 application?

I am happy to pay the £500 if it means I can get it sorted quickly (I can only work for 5 more weeks on my current working holiday visa).

2) Am I any more likely to get the EEA2 over the FLR(m)?

3) If I apply for the EEA2, can I continue to work on my working holiday visa after I get the letter from the HO which says that the decision in pending? (I think the answer is yes from reading the other posts on this forum but I want to confirm)

Sorry if these questions seem a little straight forward to some. Simple yes/no answers to my questions 1 to 3 will suffice if no one wants to write a long response.

Any input will be greatly appreciated.

Regards

TRM

[Docterror]

TRM, using your own numbering to answer,

1) If your Swedish partner is not a British Citizen as well, the FLR(M) is not the appropriate form to use and only the EEA2 must be used. If only all EEA applicants could pay the 500 pounds and save ourselves the agony of anxiety for approximately the entire 6 months! (Judging by current timings taken by the HO for EEA2)

2) Tough question. Would have been a lot easier had you been married. Both applications warrant a level of discretion, but if I had to choose one, I would give the upper hand to EEA2 as its just a confirmation of your rights that you already have as an Unmarried partner of an EEA national rather than a leave to remain.

3) Yes. And it clearly says so in the letter that you get from the HO

Hope that helps

[trm]

Jabi,

Thanks very much. Helps a lot.

[trm]

I have spoken to the home office today and they have informed me that I can not work whilst my eea2 application is pending after I have worked 52 weeks on my working holiday visa!

I have only just submitted my application. I guess I will have to wait a couple of weeks and see what the receipt of application letter from the HO says.

I thought it was the concensus of those here that you can work whilst the application is pending regardless of your visa?

The HO couldnt tell me the exact wording of the letter. Is it a standard letter?

If it is a standard letter could someone please tell me the exact wording with regard to whether you can work or not?

[Docterror]

Dont worry about what the HO said. Just take an deep breath, relax and wait for the Certificate of Application(letter from HO about the application) to arrive. It is a standard letter and you should recieve one in a week or two. Not only does it tells you that you can work but also a helpline for the employers to call if they have any doubt about the matter.

Isnt the wording of the letter a bit too long to post over here? Just be patient and everything will be fine.

I thought it was the concensus of those here that you can work whilst the application is pending regardless of your visa?

It was my concensus.. and trust me my "concensus" is enough.

[trm]

thanks mate,

I think the deep breath is what I needed.

[Docterror]

trm, did you recieve the Certificate of Application from the Home Office? Its due time that you got it. Hope all your fears have been laid to rest.

[trm]

Jabi,

Yes I did. Got it on the weekend.

As you said it was a standard letter which I can now show my employer.

Thanks so much for your help.

This forum is brilliant!

[inUK]

Hi TRM,

I wonder if in the end you applied for the unmarried visa using the EEA2 form. Did you also submit the EEA1 form for your Swedish partner?

Have you got your passport(s) back?

I am about to send my application (I'm Mexican, my partner German) and wonder if it would be better to send EEA1 and EEA2 together.

Thanks!