Issues on EEA2 unmarried partner visa

[inUK]

Hi,

- My partner is EEA national, I am non-EEA national.
- We have been together for 6.5 years, but 3.5 years leaving together in the UK.
- We both have been Postgraduate Students all this time we have been in the UK.
- My student visa expires in January 2008, and we both are planning to stay in the UK to work after we finish our PhD Programme.

So, these are the questions:

1) I wonder what's easier for me, to apply for the Highly Skilled Professional Scheme or for the unmarried partner visa in order to be able to work in the UK?

2) Should we apply with the FLR form or the EEA2 form? what are the advantages/disadvantages of applying with either form?

3) Would my (almost) 4 years as a full-time student in the UK count for the required 5 years to apply for the permanent residence? Would I need to wait another 5 years to apply for the ILR if I get a unmarried partner visa now?

4) What if I need to travel while my application is being revised? Can I get my passport back without this meaning an application withdrawal?

5) As far as I understand, the EEA2 application does not require you as many documents as it does the FLR form to prove that you have lived with your partner for more than 2 years. Would you suggest to send all that bunch of documents anyway when applying with EEA2?

6) Do you know if we get all the original documents back at the end of the process?

7) Based on our circumstances, would you have any tip for ensuring that our application succeeds?

Many thanks!

[Wanderer]

Hi,

- My partner is EEA national, I am non-EEA national.
- We have been together for 6.5 years, but 3.5 years leaving together in the UK.
- We both have been Postgraduate Students all this time we have been in the UK.
- My student visa expires in January 2008, and we both are planning to stay in the UK to work after we finish our PhD Programme.

So, these are the questions:

1) I wonder what's easier for me, to apply for the Highly Skilled Professional Scheme or for the unmarried partner visa in order to be able to work in the UK?

2) Should we apply with the FLR form or the EEA2 form? what are the advantages/disadvantages of applying with either form?

3) Would my (almost) 4 years as a full-time student in the UK count for the required 5 years to apply for the permanent residence? Would I need to wait another 5 years to apply for the ILR if I get a unmarried partner visa now?

4) What if I need to travel while my application is being revised? Can I get my passport back without this meaning an application withdrawal?

5) As far as I understand, the EEA2 application does not require you as many documents as it does the FLR form to prove that you have lived with your partner for more than 2 years. Would you suggest to send all that bunch of documents anyway when applying with EEA2?

6) Do you know if we get all the original documents back at the end of the process?

7) Based on our circumstances, would you have any tip for ensuring that our application succeeds?

Many thanks!

Two things - is ur EEA partner exercising treaty rights ie living, working or studying in a member state other than his own?

Student visa time doesn't count towards ILR unless under the 10 year legal stay rule.

[inUK]

Hi,

Yes, he is exercising treaty rights - he is studying in the UK.

[sakura]

Can't answer your questions but:

How long has your partner been living in the UK (and in what capacity)? This might help us decide what's best for you to do...

[inUK]

Thanks for your responses,

He has been in the UK for 3 years doing a PhD programme.

Do you know if he has to apply first with the EEA1 form and once he gets the confirmation of residence then I apply as a non-EEA unmarried partner with the EEA2 form? Can we send both applications at the same time?

Actually, is it absolutely necessary for him to apply for EEA1, or can I just directly apply with EEA2?

Cheers,

[osiris]

Hi

It is not essential to apply for EEA1.
However, in our experience by applying together, it may have sped the process as EEA1 applications do not take as long (around 1 month) so they may process both applications together to save time.

Took us about 5-6 weeks to get our applications back.

It may be necessary for you to demonstrate that you can support yourselves, if you are both students.

Good luck

[harper11]

Hi

It is not essential to apply for EEA1.
However, in our experience by applying together, it may have sped the process as EEA1 applications do not take as long (around 1 month) so they may process both applications together to save time.

Took us about 5-6 weeks to get our applications back.

It may be necessary for you to demonstrate that you can support yourselves, if you are both students.

Good luck

wow thats fast

only only applied for eea2

applied in november
now march and they are still doing septembers applications
so they are falling behind the 6 month limit

[Docterror]

inUK, Is your EEA partner exercising his treaty rights only as a student? Does he get paid for doing his PhD?

If he is only considered a student, be careful.. your application can get a bit tricky.

[inUK]

Hi again!

In regards to your question, we both have a full scholarship which covers fees and living expenses. They are going to expire soon though, and we would start looking for a job in the UK soon. Is it risky to apply in these conditions?

Thanks, thanks for your help!

[inUK]

By the way,

Could OSIRIS tell us which nationalities are you and in what conditions were you in the UK (working, studying, etc). It sounds like your application was really fast.

Thanks!

[Docterror]

Your application cannot be considered at the same level as Osisris's as you have still not yet married/ registered a civil partnership with your EEA partner. The problem with being the unmarried partner of an EEA student is that the there is no provision for the application of a Residence Card as unmarried partners are considered 'extended family members' and EEA students do not have the automatic right to tag their 'extended family members' along over in another EEA member state.

So, unless you either register your partnerhip or your EEA partner finds a job, you will be having a bit of trouble getting the EEA2 application processed.