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My friend is a south African citizen (thus a non- EEA national) and has been engaged for 11 months to an EEA national (German citizen) who is currently working for in London. She is in SA at the moment and would like to join her fiance in UK

They were engaged 11 months ago. They have been in a relationship for over 3 years and have never lived together but only visit each other as theirs has been & still is a long-distance relationship.They are in daily contact by telephone (calls & texts ) and/or email.

Does she qualify for a visa/permit under EEA treaty as his family member to join him in UK?

Thanks

No. He would have to apply for a Fiance Visa under national rules.

As things stand, the individual don't qualify as Article 2 or 3 Family member.

Really? I have never heard of fiance visa. What National rules, UK national rules?

Thanks

Just checked out fiance visa. No, it doesn't suit them as they will not be marrying in 6 months also, he is not a british or permanent resident. he is EEA and has lived here 2 months so far
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"People who are planning to marry a British citizen or permanent resident in the UK may apply for a fiance / fiancee visa in order to do this. Unlike most other visas of its kind, there is no requirement that the applicant and the sponsor have lived together before applying.

Check your eligibility for a Fiance Visa

Fiance / Fiancee Visa Requirements
The sponsor and the applicant must intend to get married within a six month period.
They must have met each other.
They must intend to live together permanently.
The applicant must be able to support him/herself, or be supported by their partner, without access to public funds.
There must be adequate accommodation in place.

For the purpose of Fiance Visa, EEA nationals are considered as Settled or Permanent resident in the UK.

Yes, they would have to plan to get married within 6 months and after that, the non-EEA spouse can apply for Resident Card on EEA2.

This person cannot be considered as EXtended family member, as they have not lived as common law spouse for a period of 2 years.

I don't know how this can be interpreted, but i think you can still apply BUT instead of free, you'll need to pay the £515 application fe and be treated like fiance.

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.

When you fill in the EEA family permit form, there is a dedicated section that is for fiancees and unmarried partners that will ask you about your relationship.

This category of people cannot fill in EEA family permit form. They have to apply for Fiance visa using VAF 4 Settlement application form as they are not considered as family member of EEA nationals

Obie wrote:This category of people cannot fill in EEA family permit form. They have to apply for Fiance visa using VAF 4 Settlement application form as they are not considered as family member of EEA nationals

I understand that, but how do you explain section 8.7 of the EEA Family Permit Form?
"8.7 Your relationship to EEA National - Partners. Only complete this section if you are applying as a fancé(e), spouse, unmarried partner, civil partner, or proposed civil partner."

You can be someone's fiance and still qualify for EEA family permit. The reason being that, you might have had a durable relationship akin to marriage for 2 years, which makes you qualify for EEA family permit.

However, if you don't meet that criteria, you can always apply for VAF4, which we have been talking about.