I know his unmarried EUSS is going to be rejected. Now what?

[eeaa1990]

My partner and I arrived in the UK 1.5 year ago to do our master's degree. I arrived to the UK as an EU national and my boyfriend with the Tier 4 Visa.

After finishing our master's degree, I found a job and we decided to stay. We wanted to do a civil partnership, we had a date for January and now that changed to April. (I know that we needed to prove that our relationship started before, but we wanted it to do it anyway).

He applied to the EUSS as an unmarried partner. I know that because he doesn't have the EEA Residence Card he is going to be rejected and his visa is going to end in the following weeks.

So, what options do we have?

1. He leaves the country and applies to the fiance visa from outside. (At the end of February I'm going to be working for my employer for 6 months, so I will check all the financial requirements)

2. He leaves the country and applies to the family permit, and then he applies to the EUSS, or we get married and apply to the spouse visa.

3. Is there any other option?


Thank you!!

[Adamron]

My partner and I arrived in the UK 1.5 year ago to do our master's degree. I arrived to the UK as an EU national and my boyfriend with the Tier 4 Visa.

After finishing our master's degree, I found a job and we decided to stay. We wanted to do a civil partnership, we had a date for January and now that changed to April. (I know that we needed to prove that our relationship started before, but we wanted it to do it anyway).

He applied to the EUSS as an unmarried partner. I know that because he doesn't have the EEA Residence Card he is going to be rejected and his visa is going to end in the following weeks.

So, what options do we have?

1. He leaves the country and applies to the fiance visa from outside. (At the end of February I'm going to be working for my employer for 6 months, so I will check all the financial requirements)

2. He leaves the country and applies to the family permit, and then he applies to the EUSS, or we get married and apply to the spouse visa.

3. Is there any other option?


Thank you!!

Hello,

Sorry am not an expert in any of this, but happned to be on the same boat.

I looked everywhere, there is nothing definite about it. Maybe some one more export can tell us more.

I had a chat with the HO today (EURC; after a pretty long wait on the phone), and she said I think it’s fine to apply for EUSS family permit then once back apply for the EUSS (much better if you look for a visa center where they have priority or super priority service)

I mean he got nothing to lose, even applying for marriage you need a valid permit any way (don’t think marriages will take place any time soon).

Even RC are there to say that your partnership exist, but I think way back enough the is formed by 31st.

I mean you can give the HO a call next morning and double check.

Please let us know if you get any updates.

Best,
Adam

[eeaa1990]

The only thing that I believe is in our favour is that we lived together before, and we have been living together for more than 2 years...

[kamoe]

We wanted to do a civil partnership, we had a date for January and now that changed to April. (I know that we needed to prove that our relationship started before, but we wanted it to do it anyway).

He applied to the EUSS as an unmarried partner. I know that because he doesn't have the EEA Residence Card he is going to be rejected and his visa is going to end in the following weeks.

My biggest question here is how come they even gave you a date if his visa won't be valid on that date. That's an issue. What exactly did the registrar ask? Did you tell them when it expires?

So, what options do we have?

1. He leaves the country and applies to the fiance visa from outside. (At the end of February I'm going to be working for my employer for 6 months, so I will check all the financial requirements)



Thank you!!

This is not exactly my area of expertise but as long as I can gather he does not need to leave. He can apply to switch from inside the UK as a fiancee / proposed partner via the family route. But best place to ask any question is the family members section.

2. He leaves the country and applies to the family permit, and then he applies to the EUSS, or we get married and apply to the spouse visa.

This will not work since you are not married and hence your relationship has not started. Time spent as cohabiting unmarried partners does not count if he has never held a EEA residence card. Period.

3. Is there any other option?

Other immigration options on hi own right, e.g., work, study etc. But I am assuming you mean other options based on your relationship. I believe the one an only is the family visa.

[kamoe]

2. He leaves the country and applies to the family permit, and then he applies to the EUSS, or we get married and apply to the spouse visa.

This will not work since you are not married and hence your relationship has not started. Time spent as cohabiting unmarried partners does not count if he has never held a EEA residence card. Period.

Actually, let me retract from this, since it seems the wording has changed a bit and looks like EEA Family Permits are possible for unmarried partners, as per https://www.gov.uk/family-permit/eea-family-permit

Extended family members
You can no longer apply for an EEA family permit if you are the extended family member of an EU, EEA or Swiss citizen, for example their:

brother or sister
aunt or uncle
cousin
niece or nephew
Unmarried partners in a lasting relationship (‘durable partners’) can continue to apply for EEA family permits until 30 June 2021.

However, you need to have exercised treaty rights prior to December 31st 2020 for him to qualify. Did yo have a comprehensive sickness insurance while you were a student? Or, when did you start your job search?

[eeaa1990]

2. He leaves the country and applies to the family permit, and then he applies to the EUSS, or we get married and apply to the spouse visa.

This will not work since you are not married and hence your relationship has not started. Time spent as cohabiting unmarried partners does not count if he has never held a EEA residence card. Period.

Actually, let me retract from this, since it seems the wording has changed a bit and looks like EEA Family Permits are possible for unmarried partners, as per https://www.gov.uk/family-permit/eea-family-permit

Extended family members
You can no longer apply for an EEA family permit if you are the extended family member of an EU, EEA or Swiss citizen, for example their:

brother or sister
aunt or uncle
cousin
niece or nephew
Unmarried partners in a lasting relationship (‘durable partners’) can continue to apply for EEA family permits until 30 June 2021.

However, you need to have exercised treaty rights prior to December 31st 2020 for him to qualify. Did yo have a comprehensive sickness insurance while you were a student? Or, when did you start your job search?

Hi Kamoe, I've been reading your posts and thank you for all your help.
I'm not really sure what you mean by treaty rights.

I've been working in the EU since September, and I started my job search in July approximately. But I didn''t have sickness insurance.

[kamoe]

Have you been working full time since September?

[eeaa1990]

Have you been working full time since September?

Yes, full-time employee

[kamoe]

Have you been working full time since September?

Yes, full-time employee

Then, from the information available, it looks like he might have a chance at a EEA Family Permit. But this does mean he needs to leave the UK and apply from abroad.

The alternative is, as I said, the Family Member visa a fiancee, which is more expensive, but as I said, apparently allows him to switch from within the UK.

[eeaa1990]

Then, from the information available, it looks like he might have a chance at a EEA Family Permit. But this does mean he needs to leave the UK and apply from abroad.

The alternative is, as I said, the Family Member visa a fiancee, which is more expensive, but as I said, apparently allows him to switch from within the UK.

Great, thanks for the help. As my boyfriend is a little stubborn and doesn't want to get on a plane , I believe we are going through the expensive route

[Cissyb]

I would totally recommend you to go for the Family Member visa. EEA family permits can take a long time to arrive: my unmarried partner asked for a EEA family permit visa in September to join me back in the UK and it took nearly 3 months to get it. There are many people who are also experiencing very long delays with both EUSS/EEA family permit so better to look for an option from the UK, if possible.

[askmeplz82]

You can also apply EUSS FAMILY PERMIT ( unmarried partner ) it's opened for them since jan 2021

[ukfrsg]

Following this thread as I am in a similar position!