EEA2 application while on 2 year working Visa

[nickE]

Hi all,
I am a Swiss passport holder, living and working in the UK.
My fiance, is a New Zealand passport holder who has been here since April last year (we are both from NZ but I have a Swiss passport as well)

Because we want to stay on in the UK for an extra 6 months - a year we are wondering about the EEA2 visa application to allow her to stay longer, but I wonder if her being on a work visa now will be a disadvantage?

Needless to say, the comments I've read about the processing time are scary. We are here to travel and work, not having passports for 6 months is just not an option.

With that being said, we are capable of proving our relationship, 8 years, we are both working and paying NI so I'm unsure if this would be a negative as she is not 'dependant' on me or my income.

Is it easier/faster to apply for the EEa2 outside of the UK?

It seems like such a huge drama to go through for an extra 6 months or a year.....

Thanks very much.
Super helpful forum this one.

Nick

[Wanderer]

What visa is she on now?

[nickE]

I believe its the 2 year youth mobility visa.
she can work and live in the UK for 2 years max. It can not be extended, which is why I wdoner if they would let her 'transfer' to another Visa.

[Wanderer]

I believe its the 2 year youth mobility visa.
she can work and live in the UK for 2 years max. It can not be extended, which is why I wdoner if they would let her 'transfer' to another Visa.

My bad, didn't read the Subject line!

I believe you can switch in-country to a six month visit visa (u could under old WHM visa), or at least leave on the YMS visa, and re-enter from France say on NZ visa waiver for UK.

[nickE]

would she still be able to work though?

[Wanderer]

would she still be able to work though?

No!

And I think via your EEA2 plan you face a huge wait cos these apps are pushed to back of the pile. So legally she could work but would have difficulty proving it to an employee who would most likely want to play it safe and not be fined!

The only other is a switch to Tier 1 or Tier 2 if she qualifies, not sure if u can switch in-country on that, but for Tier 2 she'd need Masters, and Tier 2 a licenced sponsor. Or Tier 4 (student) to be able to work 20 hrs a week. All these are expensive routes tho, probably best to bite the EEA2 bullet and hope...

[nickE]

Thanks for the info.
Probably unlikely we will stick around in that case. all the red tape, and waiting etc for an extra 6 months working in the UK - just not worth it really. If we really wanted to come back, we could in the future when she gets a Swiss passport - much easier.

Do you know if there are legal ramifications for over staying.

I.E her visa expires, she stops working, but we stay in the UK for an extra month or so organising things to leave? or are they quite strict on that?, other countires I've lived in the past fine you at the airport if you have over stayed your visa, and also make it very difficult to re-enter in the future either on a visa or as a visitor.

[Wanderer]

Overstay is never good if you ever plan on returning.

[nickE]

OK, what about a Family Permit, would that be a realistic alternative when her 2 year visa expires. Though we aren't married, only engaged it sounds like we have to pay, but processing is very quick and it would give us the extra time we need....

thoughts?
thanks

[Wanderer]

OK, what about a Family Permit, would that be a realistic alternative when her 2 year visa expires. Though we aren't married, only engaged it sounds like we have to pay, but processing is very quick and it would give us the extra time we need....

thoughts?
thanks

EEA Family Permit? You proof of a durable relationship if not married, which means proof of two years cohab and the app is free under EEA Rules. If u mean an Unmarried Partner Visa - £585 u'd need to be British of have ILR for that.

[nickE]

Im thinking the Family Permit may be the easiest way to go.

It gets her an extra 6 months (enough time), we can prove being in a relationship for the last 8 years.

Processing time is a few days at an office outside the UK, Geneva = 2 days max. Much rather be able to apply in person too.

And she can continue to work when we re-enter the UK.
I just wonder about the 'dependant' thing though, she has a job, I have a job, we aren't exactly reliant on each other, though if she 'quit' her job before we applied for the family permit then she would be dependant on me.
would that suffice?

Is there any problem with my thinking here.......

[wet26]

I am of the opinion that the EEA FP route is not for you. The EEA FP is for family/extended family members of EEA nationals who want to join their EEA family member in the UK. You can't just fly to Geneva and apply for the EEA FP and return to the UK a few days later. If you went to live in Switzerland you could then apply for an EEA FP 6 months later.

You need to have been living together immediately before your (as EEA national) arrival to the UK. So living together in the UK for the past 2 years is not going to be acceptable.

However, a crucial point to note, is that a fiance is not covered under EU regulations. So your fiance would not be entitled to an EEA FP, unless you lied and said you weren't engaged - which would be pretty stupid.

the link below spells it out.

http://www.ukvisas.gov.uk/en/howtoapply ... tionals#Q1

[86ti]

You can't just fly to Geneva and apply for the EEA FP and return to the UK a few days later. If you went to live in Switzerland you could then apply for an EEA FP 6 months later.[/url]

That would be perfectly possible provided that the OP would be seen as an extended family member (and why not?). There is no residence requirement for EEA FP applications. Why would a Swiss national need to live 6 months in Switzerland?

Anyway, Nick, there is no requirement to leave the UK on the EEA route. Remember, the EEA FP is an entrance clearance. It is the residence card that confirms ones residence rights in the UK. Problem is, however, that extended family members do not have an automatic right to work until their status is confirmed.

[wet26]

Fiancees are not extended family members.

"EUN2.12 Can fiancé(e)s, and proposed civil partners qualify for an EEA family permit?

Fiancé(e)s and proposed civil partners are not recognised as family members or extended family members in the EEA Regulations. However, provisions have been made for fiancé (e)s and proposed civil partners of EEA nationals paragraph 290 of the Immigration Rules. . Fiancé(e)s and proposed civil partners of EEA nationals applying under these Rules will have to pay the usual fee. For the purposes paragraph 290 of the Immigration Rules, an EEA national who is a qualified person in the UK is considered as present and settled."

Is it not true that an EEA national and his/her non-EEA partner need to prove that they resided together outside of the UK in an EEA member state, as an EEA FP is an entry clearance? [/i]

[86ti]

Fiancees are not extended family members.

But partners in a durable relationship are:

2. Without prejudice to any right to free movement and residence the persons concerned may have in their own right, the host Member State shall, in accordance with its national legislation, facilitate entry and residence for the following persons:

(a) any other family members, irrespective of their nationality, not falling under the definition in point 2 of Article 2 who, in the country from which they have come, are dependants or members of the household of the Union citizen having the primary right of residence, or where serious health grounds strictly require the personal care of the family member by the Union citizen;

(b) the partner with whom the Union citizen has a durable relationship, duly attested. The host Member State shall undertake an extensive examination of the personal circumstances and shall justify any denial of entry or residence to these people.

and

(5) A person satisfies the condition in this paragraph if the person is the partner of an EEA national (other than a civil partner) and can prove to the decision maker that he is in a durable relationship with the EEA national.

and

(2) An entry clearance officer may issue an EEA family permit to an extended family member of an EEA national who applies for one if—

(a) the relevant EEA national satisfies the condition in paragraph (1)(a);

(b) the extended family member wishes to accompany the relevant EEA national to the United Kingdom or to join him there; and

(c) in all the circumstances, it appears to the entry clearance officer appropriate to issue the EEA family permit.

The OP is, however, already in the UK and claims to be able to prove 8 years of partnership.

Is it not true that an EEA national and his/her non-EEA partner need to prove that they resided together outside of the UK in an EEA member state, as an EEA FP is an entry clearance?

Can you please cite a source where you got this idea from.

[Wanderer]

But if the OP is entering CH as a CH citizen won't they be under CH immigration rules?

In any case I know CH is one of those States who take a dim view of unmarried partners, like Germany and Spain, since the important phrase 'in accordance with national law' applies - there is no facility for Swiss Nationals to import their unmarried partners.

However, I know some Brits who have done it while working there, but it's not gonna be a hop over and get the visa quickly type scenario....

[86ti]

In any case I know CH is one of those States who take a dim view of unmarried partners, like Germany and Spain, since the important phrase 'in accordance with national law' applies - there is no facility for Swiss Nationals to import their unmarried partners.

The Swiss have their own bilateral agreement with the EU. Do they actually mention unmarried partners in there? I have no idea, if Switzerland would consider returning citizens under EuJ rulings.

[Ben]

But if the OP is entering CH as a CH citizen won't they be under CH immigration rules?

Indeed. But once in Switzerland, the OP's partner can still apply for an EEA FP at the British embassy.