Unmarried partner of an EU citizen SETTLED (PR) in the UK.

[d1o]

I hope someone can help shape my thoughts.

Unmarried partners of people with Indefinite Leave to Remain get 2 years unmarried partner visa on application, correct?

Permanent Residence (PR) given to EU citizens (SETTLED, post 5 year treaty exercising etc) equals Indefinite Leave to Remain (ILR) given to others settled in the UK; correct?

Now if I was the unmarried partner of a SETTLED EU citizen (the EU citizen already has PR documentation in the UK), would I be able to apply via UK route as the unmarried partner of someone settled in the UK (2 years leave to remain) or would I still need to go via the EEA/EU unmarried partner route (5 years Residence card as per durable relationship).

Any thoughts/experiences?

[Guerro]

In your case, you can use any of these ways, European or domestic uk routes. The choice is merely yours

[d1o]

In your case, you can use any of these ways, European or domestic uk routes. The choice is merely yours

thanks Guerro, but is this really possible? Why then would anyone choose to go the Eu route (5 years) rather than the UK route for just two years with the SAME partner.

Read somewhere that EU rules continue to apply for EU citizens and their non.eu partners in the UK until the obtain BRITISH citizenship...and not just settlement (PR). Not sure how true this is and what the implications would be for equal opportunities and stuff.

[Guerro]

If you show the HO your partner's EU passport, it will be considered as eea. If you show the pr, this means your partner is settled and you will follow the uk route. The difference is that eu route gives you the right to enter and settle in the uk even though your partner is not settled at the time of application. The choice is yours but if i were you, i'd follow the uk route and pay more

[d1o]

Sorry to come back to this, but quite some interesting feeds I am getting.

It would appear (from general reading) that if a non EEA unmarried partner of an EU citizen waited till the EU citizen obtained PR in the UK (after exercising treaty rights), then the non EEA partner could apply for unmarried partner visa under UK law, and get indefinite leave after just two years on this. But if this application was done before the EU citizen obtained PR status, the non-EEA would get an Unmarried Partner visa valid for 5 years before being eligible for Indefinite Leave or Permanent Ressidence- even if the EU citizen obtains PR some time in between.

Is this correct? Any takes?

[Nimitta]

It would appear (from general reading) that if a non EEA unmarried partner of an EU citizen waited till the EU citizen obtained PR in the UK (after exercising treaty rights), then the non EEA partner could apply for unmarried partner visa under UK law, and get indefinite leave after just two years on this.

This seems perfectly correct.

But if this application was done before the EU citizen obtained PR status, the non-EEA would get an Unmarried Partner visa valid for 5 years before being eligible for Indefinite Leave or Permanent Ressidence- even if the EU citizen obtains PR some time in between.

Is this correct? Any takes?

If EU citizen does not have PR status yet, the non-EEA unmarried partner can get first EEA FP visa which is for 6 months to enter the UK. After entering the UK he/she may apply for residence card for 5 years (it is not called "visa", is it?). You are asking what would happen if EU spouse gets PR, say, one year after non-EEA arrival to the UK? My guess is he or she will have to wait 4 years and get PR according to the community law as a partner of EU citizen. There was a thread explaining that one cannot switch back to domestic immigration rules after getting residence card according to the EU law. The idea was that no cherry-picking is allowed in this particular garden.

As far as I understand you can switch to EU law any time you want, but not the other way round.

[fysicus]

In your case, you can use any of these ways, European or domestic uk routes. The choice is merely yours

thanks Guerro, but is this really possible? Why then would anyone choose to go the Eu route (5 years) rather than the UK route for just two years with the SAME partner.

I would rather ask why anyone who does have the choice would choose the UK route! Compare the application fees for a start.

[vinny]

See also EEA Fp/ EEA2 or FLR(M)?.

[Rolfus]

If you are following the EEA route, any (almost) professional qualifications obtained in the EU will be reciprocally recognised. Entering under immigration rules alone does not allow this.

But what may be possible, is to obtain an EEA family permit, demonstrating an Enforceable European Right, but then enter under immigration rules. This would give the best of both worlds, but you have to pay the fee.

In the case of EEA Family Permits where the sponsor is retired, and has previously worked in the UK, it just may be possible to get permanent residence immediately.http://www.immigrationboards.com/viewtopic.php?t=75456

[d1o]

In your case, you can use any of these ways, European or domestic uk routes. The choice is merely yours

thanks Guerro, but is this really possible? Why then would anyone choose to go the Eu route (5 years) rather than the UK route for just two years with the SAME partner.

I would rather ask why anyone who does have the choice would choose the UK route! Compare the application fees for a start.

While it costs £550 to go the UK route, it does knock out the extra 3 years of waiting required for the EU route.

[vinny]

Perhaps not in the future.

Our fourth objective is to create new and effective policies. We are closely scrutinising the whole marriage route and looking at measures to tighten it. We have already announced that we intend to consult on extending the probationary period before settlement for spouses beyond the current two years. An additional period would give us a longer time to test the genuineness of a relationship. We will be making further proposals affecting marriage as an immigration route later this year. I commend the order to the Committee.

[rachellynn1972]

d1o or what you call yourself, are you advertising for the UKBA? or are you a staff of UKBA?. well if you already know what to do why are you here on this forum?
Pay what ever you like and be under the UK rule, To us here, EU Rule is better for us, we here in genuine relationship is ready to wait for 5yrs, but because u are fake, you are ready to pay your way. People watchout here and dont respons to those who know what they want and asking question to advertise their course.

[toni34]

[quote="rachellynn1972"]d1o or what you call yourself, are you advertising for the UKBA? or are you a staff of UKBA?. well if you already know what to do why are you here on this forum?
Pay what ever you like and be under the UK rule, To us here, EU Rule is better for us, we here in genuine relationship is ready to wait for 5yrs, but because u are fake, you are ready to pay your way. People watchout here and dont respons to those who know what they want and asking question to advertise their course

i agree with you i can wait 20 years to get my pr.me and my eu partner's relationship is rock solid

[d1o]

d1o or what you call yourself, are you advertising for the UKBA? or are you a staff of UKBA?. well if you already know what to do why are you here on this forum?
Pay what ever you like and be under the UK rule, To us here, EU Rule is better for us, we here in genuine relationship is ready to wait for 5yrs, but because u are fake, you are ready to pay your way. People watchout here and dont respons to those who know what they want and asking question to advertise their course.

I am not given to banter of this nature but I'd make an exception in your case as you might actually learn something from it if you have the capacity to do so....after all, we all continue learning all our lives.

1.)"d1o or what I call myself"? ..I call myself d1o. I thought that was quite clear.

2). Did you genuinely think that UKBA staff would come on here, not to spy and figure out what the general immigration drive was, but to post questions in order advertise for the the UKBA? Did you seriously think that? I find that really interesting.

3)In your rush to pre-judge and label me as "fake and ready to pay my way" just because I sought the shortest distance between two points, did it occur to you that one reason why many people seek another passport by means of naturalisation or otherwise is the added convenience strength it brings and not merely as a proof of solidity of their relationships? Did it occur to you that perhaps I could be comparing how many times I'd have to apply for a visa to third party countries in the interim as a frequent traveller as against having to travel visa free as a UK citizen? Did it occur to you that perhaps the fact that I am not happy to wait the extra three years could be down to having a lot more to gain from visa free travel and not a sign or test of the strength of my relationshoip? I guess it did not occur to you. You are eager to state that your relationship is genuine. Did anyone question the originality of your relationship? Is there any reason for anyone to do so?

I hope you'd learn from these and not just see these lines as another poke on your ego. I sure have learnt from you and would learn more about the moderators of this forum in a short while.

[d1o]

d1o or what you call yourself, are you advertising for the UKBA? or are you a staff of UKBA?. well if you already know what to do why are you here on this forum?
Pay what ever you like and be under the UK rule, To us here, EU Rule is better for us, we here in genuine relationship is ready to wait for 5yrs, but because u are fake, you are ready to pay your way. People watchout here and dont respons to those who know what they want and asking question to advertise their course

i agree with you i can wait 20 years to get my pr.me and my eu partner's relationship is rock solid

you might be able to learn a thing or two from the prior post...or maybe not.

[daneshmand]

I have been living with my girlfriend for almost two years, she is polish and has got permanent residency, we thought that I could apply for unmarried partner visa but I just phoned homeoffice and I was told we have to use EEA2 form and apply for family member visa, although my gf has got permanent residency but still EEA regulation would apply to us and we cannot apply for unmarried partner visa.
Anyway, I would like to know if I get family member visa how long should I wait before I can apply for permanent residency is it 5 or 3 more years?
Thanks,

[d1o]

I have been living with my girlfriend for almost two years, she is polish and has got permanent residency, we thought that I could apply for unmarried partner visa but I just phoned homeoffice and I was told we have to use EEA2 form and apply for family member visa, although my gf has got permanent residency but still EEA regulation would apply to us and we cannot apply for unmarried partner visa.
Anyway, I would like to know if I get family member visa how long should I wait before I can apply for permanent residency is it 5 or 3 more years?
Thanks,

You see, your current scenario is exactly what I am trying to understand. Incidentally, it appears different people are having different views on this and even UKBA seems to be giving conflicting info as well.

Picture this:

Currently in the UK on one of the points based Tiers.

Been in a durable (unmarried partner) relationship with an EU citizen for the last two years.

EU partner due for Permanent Residency next year (will have worked for a continuous five years by then).

Had wanted to know if I waited (not apply for Unmarried Partner now) till next year for partner to obtain Permenent Residency, could I forward my application for Unmarried Partner then...under UK rules (EU partner being a person "settled" in the UK then) or whether it would still have to be under EU rules till the EU partner obtains UK citizenship.

Spoke to UKBA and was told that while EU citizens live and work here under EU rules without let or hinderance, when they choose to apply for Permenent Residency, they have in effect requested to become subject to UK rules and that PR is issued to them under UK rules, and an unmarried partner application made after that point can be considered under UK rules if desired.

Would appear they have now, told you the complete opposite and it is all so confusing and I do welcome any meaningful thoughts or input...

In short, the question is: Can an EU citizen with Permenent Residency in the UK be treated as someone resident and "settled" in the UK for the purposes of an Unmarried Partner application under UK rules just like people with Indefinite Leave to Remain (ILR)?

PS...I am aware that the EU route is free of charge and the UK route is not. That is besides my point. I just need advice on the workability of these choices.

[Greenie]

I have been living with my girlfriend for almost two years, she is polish and has got permanent residency, we thought that I could apply for unmarried partner visa but I just phoned homeoffice and I was told we have to use EEA2 form and apply for family member visa, although my gf has got permanent residency but still EEA regulation would apply to us and we cannot apply for unmarried partner visa.
Anyway, I would like to know if I get family member visa how long should I wait before I can apply for permanent residency is it 5 or 3 more years?
Thanks,

You see, your current scenario is exactly what I am trying to understand. Incidentally, it appears different people are having different views on this and even UKBA seems to be giving conflicting info as well.

Picture this:

Currently in the UK on one of the points based Tiers.

Been in a durable (unmarried partner) relationship with an EU citizen for the last two years.

EU partner due for Permanent Residency next year (will have worked for a continuous five years by then).

Had wanted to know if I waited (not apply for Unmarried Partner now) till next year for partner to obtain Permenent Residency, could I forward my application for Unmarried Partner then...under UK rules (EU partner being a person "settled" in the UK then) or whether it would still have to be under EU rules till the EU partner obtains UK citizenship.

Spoke to UKBA and was told that while EU citizens live and work here under EU rules without let or hinderance, when they choose to apply for Permenent Residency, they have in effect requested to become subject to UK rules and that PR is issued to them under UK rules, and an unmarried partner application made after that point can be considered under UK rules if desired.

Would appear they have now, told you the complete opposite and it is all so confusing and I do welcome any meaningful thoughts or input...

In short, the question is: Can an EU citizen with Permenent Residency in the UK be treated as someone resident and "settled" in the UK for the purposes of an Unmarried Partner application under UK rules just like people with Indefinite Leave to Remain (ILR)?

PS...I am aware that the EU route is free of charge and the UK route is not. That is besides my point. I just need advice on the workability of these choices.

If the EEA national has permanent residence you can choose either route. A person with permanent residence is settled in the UK within the meaning of paragraph 6 of the immigration rules.

[nomkay12]

Hi D10

I am in the similar situation, I an a non eea on tier 4 visa, my boyfriend is an Eu citezen living and working in the UK for 10 years(no PR documentation but he is willing to apply for one if it means enabling my application through the UK immigration). I have received mixed advice from the immigration solicitors about this matter, the majority state that I can only apply through the EEA laws and a couple say I can indeed apply through the UK laws, but one says he needs a PR document.

Has anyone been in the same situation and granted/refused the application?

Thanks

[AlexeiB222]

Hello.

I've got a very similar situation.

I've been with my EU girlfriend for over 3 years, living together for more than 2 years. My current visa (post study work) expiries in just over a month time. She has been living here in UK for over six years - most of which she has been studying in the university. She has been continually employed for just over a year now.
I've been thinking about applying for FLR(M) Unmarried couples visa.
I've read that for EU citizens living continuously for over 5 years makes them automatically settled - but does that count as settled for the purposes of this application?
Frankly I don't care how long it takes to have this visa before getting the permanent residency as I'm planning to apply for an ILR based on being in a country for over 10 years straight after anyway. Just need something temporary till I apply for that one. Would you suggest I take EU way?

Thanks.

[Jambo]

... I've read that for EU citizens living continuously for over 5 years makes them automatically settled - but does that count as settled for the purposes of this application? ...

Yes it does. However for her periods as a student she would require to have had private health insurance (CSI - Comprehensive Sickness Insurance) in order to obtain "settled" status automatically. This insurance must have been valid when she was a student. It can't be back-dated by buying it now. Alternatively, if she hold a EHIC card from her home country or was issued with a Residence Permit by the HO as a student, then the HO will waive the need for the insurance.

[AlexeiB222]

Thanks Jambo.

All this uncertainty has really got me though. I've decided to apply for a Tier 2 Employer Sponsored visa instead, which is however a bit of a money waste considering I'll be changing my employer in 5 months time so will have to do another one. At least this one should be a straight forward application.