Unmarried partner of EU National, residence refused. Please

[dpap]

Dear All,

I am Hungarian, and my unmarried partner is Kenyan, and an International student. We have been together for 3 and a half years, and lived together for almost 3 years now. We would like to stay together in the UK as this is where our life is. My partner has just finished her studies in Finance, and has worked part time in it during her studies. I work in retail.

Our problem is:

My partner and I recently applied for residence through the unmarried partners route. I was awarded residence, but my partner was declined. Although we had provided tenancy agreements, council tax letters, Bank statements and letters from 2 professional people attesting to our relationship, the reason given was that they were not satisfied that we had lived in a relationship akin to marriage for over 2 years. Because my partners student visa is still valid until Feb 2005, we cannot appeal this decision until the end of this period.

Can someone please give us some advise on what options are open to my partner and I between now and then, as the thought of us being parted is an unbearable option for us. Is there anything we can do to help ourselves in the time being.

Please help.

Dpap.

[Kayalami]

Some slight confusion on my part:

An unmarried partners visa is granted to those in a relationship with a settled person - at the time of the application you were not yet settled in the UK so I am somewhat surprised the application was even considered? What excactly was your status on the application date. On what basis have you been granted residence - and do you mean ILR or an EU national residence permit (blue card)?

Options

1. Re-apply with more evidence of your relationship subsisting over the pre-requisite time frame - I get the impression your docs do not cover 2 years so if this is the case you have to wait till you have enough covering this period. I am not sure about you being an eligible settled person though?

2. Your partner can find an employer to sponsor a work permit - the major accountancy firms historically offer such opportunities to British educated students who are nationals of their core operating countries in Africa - Kenya is a major country covering the East African region - try D&T, E&Y and PWC. There is an expectation though not an obligation you will after gaining your qualifications e.g. ACCA/ CIMA etc work in Africa - the purchasing power of your pay packet in Africa certainly helps being persuasive

3. HSMP - appreciate this is unlikely due to limited experience/ income but may be a longer term option.

4. Marriage if you are committed to each other in that sense.

Best of luck.