EEA application for unmarried partner

[Claire79]

Firstly, thanks for all the useful info on this site. I've had a search and couldn't find the answer to my specific question.

I am an Australian citizen currently in the UK with a current 2 year working holiday Visa (expires in March 07). My partner of 7 years is a Swiss National, we're not married.

I would like to apply to extend my stay in the UK but have spoken to a few different people on the phone at Immigration and gotten different answers. I was told by one person that the form I should complete is EEA(2) and this covers unmarried partners, but on the form it doesn't ask for proof that we have been together for 7 years (we do have the proof) which concerns me. I'm worried that the definition of 'family member' under EEA rules doesn't include unmarried partners (although this person on the phone said it did).

Another person told me to complete FLM(R) form (after first saying EEA2), but this doesn't seem right as my partner is a Swiss National, not British!

Unfortunately the EEA(2) form can't be submitted in person, it must be posted, and the current processing time is up to 6 months so I can't just make an appointment to go in with my form and find out straight away.

Does anyone know if an unmarried partner of a Swiss National (Swiss Nationals have the same rights as EEA) is eligible to apply as a family member?

[JAJ]

A few questions first which may help those answering:

1. How long has your Swiss partner been resident in the UK?

2. Do you plan to have children born in the UK?

3. Do you plan to get married (and possibly seek Swiss citizenship on that basis) at any stage?

4. Are you planning to stay in the UK long term?

[Claire79]

Thanks for replying. My partner and I came from Australia together and have both been resident in the UK since March 05.

No plans for children in the UK.

We've been told that Swiss citzenship is really time consuming and hard to get, so no plans to go down that route!

We will get married, but not before my working Visa expires in March 07.

We are planning to stay in the UK for up to 5 years (although we are liking it more and more and may end up here longer!).

We have loads of proof that we have been living together for 7 years (lease agreements, joint bank accounts etc).

[Claire79]

After much reading on these boards, I am fairly confident that unmarried partners do qualify as family members (since April 06) under EEA law (Swiss Nationals are also covered under this).

It also seems that it will help my application for a residence card (EEA2) if my partner completes an application for a residence certificate (EEA1) to show he is exercising his treaty rights.

What we are thinking is he will make an appointment to lodge his application for EEA1 in person, and I will also attend to lodge my EEA2 with his (I know that mine can't be processed on the same day, but I think it's better that they are both lodged together). Do you think I will be able to lodge my EEA2 form at the same time as his form even though it says EEA2 must be posted?

I really hope it doesn't take the full 6 months as we've got an important overseas trip booked in March 07!

[JAJ]

According to this page, your partner can apply in person but you need to apply by post.
http://www.ind.homeoffice.gov.uk/applyi ... unationals

After you have been married, you may eventually be eligible for Swiss citizenship, but don't count on it until you have it:
http://en.wikipedia.org/wiki/Swiss_nationality_law

Your partner will become a Permanent Resident in March 2010 (ie after 5 years) if he is "exercising Treaty Rights". At that point he can use form EEA3 to apply for evidence of that.

One year after acquiring Permanent Residence, he can apply for naturalisation as a British citizen. Under current law, Switzerland allows dual citizenship.

You will be eligible for Permanent Residence after completing 5 years on your EEA Family Permit, ie around the start of 2012 (use form EEA4 at that point). If you have married your partner, and your husband is British by then, you would immediately then be eligible to apply for naturalisation as a British citizen. Otherwise you'd have to wait a year.

As regards having children in the UK, if a child does arrive after your husband gets Permanent Residenct (March 2010) then child would be automatically British at birth. If child arrives before then, he or she could be registered as British as soon as Permanent Residence is obtained (Mar 2010).

No problem under current laws with holding triple British/Swiss/Australian citizenship.

You should factor this into your planning going forward. If you're planning to stay in the UK 5+ years it could make a lot of sense for you to plan your pathway to a British passport and not move elsewhere until you have it.

[Claire79]

Thanks for the info. Right now we're really just concentrating on getting the right forms filled out for now (EEA1 and 2). My partner already has dual citizenship (Australian and Swiss) so we'll cross that bridge if we're still in the UK in 5 years!

[dillonm]

Claire

I've just gone through this process and just got my residence permit. All the advice you have been given on this board is sound. Don't worry that form EEA2 does not ask for supporting documents - just write a detailed cover letter and provide them. EEA2 is also free, whereas FLR is pricy! It is definitely helpful if your partner gets an EEA1 certificate first - he can do this in person. You will have to apply by post though, and it will take a long time - mine took 4 months, but I started whining after 3 and they allegedly fast-tracked it, so who knows how long it could have taken! One word of warning - be careful if you try to push them into completing your visa before you travel. I tried that and they simply returned my passport with no visa, which I'm sure delayed things.

Good luck!!

[Claire79]

Thanks Dillonm, it's good to hear from someone who's just gone through the same process.

I posted off the EEA1 and EEA2 applications together in mid December, and we're still waiting to hear back. My application is huge, I wrote an application letter and divided it into sections with different evidence. I hope we hear back soon, I hate being without my passport!

[Claire79]

UPDATE: I got my residence card today! So it only ended up taking about 2 months.

[John]

Claire, congratulations, that is great news ... twice! Firstly that you got it ... and secondly that you got it so quickly, compared to most EEA2 applicants.

[Claire79]

Thanks John. I must say I was surprised to get it so quickly. I phoned them last week to ask if it had been processed yet as there is an overseas wedding we want to attend, and they said to put the request in writing with proof (wedding invite) which I was all set to do, but ended up receiving it today anyway. I think the phone call helped as I got it within days of phoning.

[flyboy]

Congratulations Claire.

Just want to enquire, on your residence card, do they specifically mention family member of Swiss citizen or just EEA citizen?

[Claire79]

Hi Flyboy, it says family member of Swiss National.