Non-EU Unmarried partner to Polish EU Citizen in the UK

[nm79]

Hi,

I am hoping you can help.

I am an Australian and have been living in the UK for the past 4 years.

I have been living with my partner who is Polish for 3 years

For 1.5 years i was on a Working Holiday Maker visa and for the remaining 2.5 years i have been on HSMP. My HSMP expires in 2010 which seems a long way off but is creeping up very quickly.

With all the changes that have been going on with the Visa system i am trying to determine what my best course of action is.

I have been looking at the EEA2 card. Would this be the best option for me to apply for? I was thinking that we should just apply for this now.

Does my partner have to apply for an EEA1?

What proof do i require to establish commitment to each other and the length of the relationship? We have joint bank acocunt statements, bills in each others names etc etc dating back for the full 3 years. Is this enough? How many documents do you need to provide?

Regards,

NM79

[vinny]

IND has its own European Caseworker Instructions and the relevant chapters featuring advice on unmarried partners are chapters 2, 3 and 5.

If applying as an unmarried partner,

Evidence of cohabitation:

5 pieces of evidence in joint names for each of the 2 years If evidence not available in joint names, 3 or 4 pieces of evidence from one person and 1 or 2 pieces of evidence from other for each year.

For examples of acceptable evidence, see also form FLR(M).

[nm79]

Thanks Vinny,

I would also like to know what the requirements are to apply for ILR having been on a HSMP. Do i need to have been in the country for a certain amount of day per year etc? Will i be eligible for ILR or will i have to renew my HSMP or apply for an EEA2?

Is it better to go down the EEA2 route or to stay on my HSMP until 2010 and then apply for ILR?

Why does this all haveto

Regards,

NM

[vinny]

See also How can I settle in the United Kingdom as a highly skill migrant? and ILR Processing: A CaseWorker's Guide/Manual.

[tasha75]

Is it better to go down the EEA2 route or to stay on my HSMP until 2010 and then apply for ILR?

You have to check whether your clock will restart when you switch to the EEA2 route. If it is, then you'll have to "serve" another 5 years on it before you'll qualify for PR. Whether on HSMP you've only got another 2.5 years left.