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EEA2 vs. FLM(M)

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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Tree123
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Posts: 2
Joined: Tue Aug 11, 2009 7:05 pm
Location: UK

EEA2 vs. FLM(M)

Post by Tree123 » Tue Aug 11, 2009 8:05 pm

I am debating the best course of action for my visa. I am an non-EU citizen on a Tier 1 work visa. My partner of 4 years (living together for 2 years - this is provable) is an EU citizen. We are currently living in the UK. (My partner is not a UK citizen but hold a passport from another EU country)

I am not sure if it is best to apply for an EEA2 residency card or for UK residency using form FLR(M)

Under EEA2 will I still be able to work while this application is being processed?

I have figured out the pro & cons of both visas but I am hoping to get a bit more insight. Any thoughts? Thank you! :)

Obie
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Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Tue Aug 11, 2009 9:03 pm

You have to apply using the EEA2 application, if you application is based on the relationship to your partner.

Can i ask if you are married or, you are in a defacto married type relationship or cohabiting with your partner.
Smooth seas do not make skilful sailors

Tree123
Newly Registered
Posts: 2
Joined: Tue Aug 11, 2009 7:05 pm
Location: UK

Post by Tree123 » Sun Aug 16, 2009 2:00 pm

So I must apply under EEA2 because my partner is an EU citizen and not living in the country their passport is from. Is Blimp only for UK citizens and doesn't apply for UK residents?

We would be applying as a de-facto marriage type of relationship

If I currently have a work permit - would I still be able to work while the decision is being made?

thanks!

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Sun Aug 16, 2009 8:02 pm

You Partner is living in the UK in accordance with directive 2004/38EC, therefore you will not be able to acquire residency through him via national route.

You current work permit rights will not be curtailed because of your new application for residency under EU route.
Smooth seas do not make skilful sailors

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Mon Aug 17, 2009 2:15 am

Tree123 wrote:So I must apply under EEA2 because my partner is an EU citizen and not living in the country their passport is from. Is Blimp only for UK citizens and doesn't apply for UK residents?

We would be applying as a de-facto marriage type of relationship

If I currently have a work permit - would I still be able to work while the decision is being made?

thanks!
You may switch to FLR(M) if your partner had attained the Permanent right of residence.

Your current leave will be treated as continuing while the decision is being decided.
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