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Swap from Tier 5 to EEA Family Permit - Questions

Posted: Fri May 20, 2016 10:15 am
by RinaBear
Hi all,

Apologies if this has already been asked but I've been looking for a similar case for weeks now and I still can't find an answer.

A nutshelled back story:
I am in the process of applying for the EEA Family Permit. I am Australian and my unmarried partner is Greek, he's exercising his treaty rights to live and work in the UK. I am currently on a Tier 5 Youth Mobility visa. We have lived together for the 2 years I have been in the UK. The only reason I am applying for the EEA FP instead of the Residence Card is so I can continue to work while my residence card is in application (often the Home Office doesn't allow applicants to work during this time, and as it can take up to 6 months to process we couldn't afford me not working for this long).

Actual question:
My question mainly has to do with the online application form, and it's such a simple one. It asks for my permanent residential address... Now, do I enter my current residential address which is in the UK? (We have a tenancy agreement for a flat we live in together) OR as I soon will not have the legal right to reside in the UK (my Tier 5 visa is set to run out in a matter of weeks) do I enter an address in Australia as that is where I will be applying from? My issue with entering an Australian address is that the next questions asks how long I've lived at the address... I don't live at this address and I never have... I live in London!

See my dilemma?

Thanks in advance for the help - this whole process is so much more complicated than it needs to be - pfft to bureaucracy!

Re: Swap from Tier 5 to EEA Family Permit - Questions

Posted: Fri May 20, 2016 11:07 am
by noajthan
My understanding is you cannot apply for a FP from within UK. It is primarily an entry visa.

If you go back to home country you will have an address there, even only for a short time.
You can explain special circumstances in a cogent cover letter if you wish.

It's not that HO specifically disallow partners applying for a RC to work, they just do not issue a COA that confirms the right to work.

Its up to an employer to take you on (or to continue to employ you), with or without a COA showing a right to work.

fyi, an interesting take on these challenges:
https://www.freemovement.org.uk/sponsor ... dismissal/

Re: Swap from Tier 5 to EEA Family Permit - Questions

Posted: Fri May 20, 2016 11:48 am
by RinaBear
Thank you so much for your response noajthan.

I am not applying in the UK, I'm travelling back to Aus specifically to apply for this visa. As I will be staying in an AirBnB should I just enter the address of the AirBnB? And in the second section that asks for how long I've been loving there I write like 0.2 months? They only give you an option of __ years and __ months. I'm literally only going to be there until my visa is processed (could be as short as 10 days). Then I'm travelling back to the UK.

I also have a second question.
My EEA National has duel citizenship - Aussie and Greek. In his passports he has two completely different names as his Aussie name doesn't exist in the Greek language. All our supporting documentation is in his Aussie name as that's the name he goes by. Does anyone know if we can get a letter written that proves both names belong to the same person? It seems everyone we ask (Greek embassy, Aussie embassy) won't sign as in their eyes he's two separate people with two different birth certificates... Any ideas?

Re: Swap from Tier 5 to EEA Family Permit - Questions

Posted: Fri May 20, 2016 11:59 am
by Casa
I'm curious and slightly confused. How can someone have two different birth certificates and a name that doesn't exist in the Greek language? Surely a name is a name and doesn't need translating? :?

Re: Swap from Tier 5 to EEA Family Permit - Questions

Posted: Fri May 20, 2016 12:09 pm
by RinaBear
This is exactly what we think. But Greece wouldn't accept his Aussie name as a legitimate name - so his parents had to come up with a name that was as close as possible to the translation. Then, to get the passport he needed a new birth certificate that had his "new" Greek name on it. So they got that made.

Makes what we're doing so much more complicated. It's madness!

Re: Swap from Tier 5 to EEA Family Permit - Questions

Posted: Sat Aug 06, 2016 4:05 pm
by mortele
Hi RinaBear,

my partner and I are in exactly the same situation, really keen to hear about your experience. Did you manage get the EEA family permit?

Re: Swap from Tier 5 to EEA Family Permit - Questions

Posted: Thu Sep 08, 2016 9:00 pm
by evadk
Just sharing my experience, as I applied for the EEA Family Permit while I was on my Youth Mob visa.

About 3 weeks before my visa ended, I booked my appointment in Denmark.

For my address, I continued to put down my UK address, every time I was asked on the form.

Hope this helps someone :)