EEA2-applying in UK, leaving UK and returning with EEA FP

[borek111]

Hi everyone,
Hope you can help me to answer some questions regarding EEA2.
I would like to ask you about the possibility of obtaining residence card for non-EEA national (USA) in the category "unmarried partner" of EEA national (Polish). I work here since 2005 and I registered with WRS.
My boyfriend has been in the UK on a student visa since September 2006.
We have been living together since June 2007 and we have all necessary evidence to prove it.
My questions are:

1. Can he apply while in the UK on student visa? (His visa expires at the end of October 2009).

2. Would he be here legally after his student visa expires (while the application EEA2 is pending)?

3. I read that in case of Unmarried partners of EEA nationals the Confirmation of Approval states that they are not allowed to work - which means that if he applies in June he would be only able to work till end of October (20 hours per week), and then there would be a gap between the end of his visa and the issue of residence card. Is it correct? Or he would be able to work while his application is under consideration?

4. What if he is rejected? how will they treat that time after the expiration of his student visa? - i assume he wont get anything stamped in his passport, so he would have to leave UK, and in case he wants to come back later it will look as if he overstayed?

So I thought that maybe we could do that:

1. He applies on student visa in June 2009 (still work 20 hours per week until October 2009)
2. In order to be able to work while in the UK - he goes back to USA at the end of October 2009, applies for family permit there (I assume it doesn’t cancel his pending EEA2 application here in the UK) and comes here with the right to work for 6 months (everyone who has FP in their passport can work, right? it doesn’t matter if married or unmarried?)
3. Hopefully by the end of family permit validity he gets residence card.

It is possible to do?

[borek111]

It's me again. I just realised i wrote "Confirmation of Approval" instead of "Confirmation of Application" in question 3.

[edro]

hi
that is right unmarried partener of an eea can't work while his/her application under construction,if he's here on a student visa and you have enough evidence of being togeter for around two years probebly his application will get sorted in very short time. you need to apply for eea1 and him eea2 at the same time.

[borek111]

hi, thanks for replying.
I'm not so optimistic about the processing time - I read here on this forum that many people with straightforward cases have been waiting 8-10 months for their Residence Cards. Unfortunately for unmarried partners like us it would mean that he wouldnt be able to work for a couple of months - which would make it very difficult financially. Thats why i was wondering if it was possible to apply here with EEA2 while he can still work on student visa (his EEA2 would be in a queue for a couple of months already) and after it expires go back to USA and apply from there for a family permit-it gives the right to work for 6 months. and hopefully before this 6 months period is up his EEA2 that he submitted earlier would be proccessed.

[thsths]

Thats why i was wondering if it was possible to apply here with EEA2 while he can still work on student visa (his EEA2 would be in a queue for a couple of months already) and after it expires go back to USA and apply from there for a family permit-it gives the right to work for 6 months. and hopefully before this 6 months period is up his EEA2 that he submitted earlier would be proccessed.

Yes, that is possible.

You should also keep in mind that if he enters on an EEA family permit with the right to work, common logic dictates that he can continue to work even once the permit has expired. I know that the UKBA has a different view on this, but I am pretty confident that it is wrong.

Of course changing employers would be difficult indeed.

[borek111]

that is a very good news:))

I think it would be best for him to submit a certified copy of his passport with his EEA2 application here in UK, because he would need to withdraw it for travel anyway-saves some hassle at least. And send the original passport when they ask for it (probably after good couple of months). Do you know where we get it certified? Would it be American embassy/consulate in UK?

what about the requirement of submitting original documents (proving that we have been living together for 2 years)? if we submit originals here in the UK, he will need to present copies in US when applying for Family Permit - is that ok?