Applying for EEA Family Permit as unmarried partner and work

[canuckUK]

Hi,

First of all, thanks everyone for the very informative, detailed, useful info and knowledge that is being shared on this forum.

I am about to fill out an application for EEA Family Member (unmarried partner) to go live and work with my partner in the UK. I’ve done a lot of reading but I still have some question and so I will try to explain my situation as clearly as possible in order to get the best advice.

THE SITUATION
• I am a Canadian citizen
• My partner is a Portuguese citizen
• We are not married, not fiancés, have no children, but have been together for about 10 years.
• We both already have bank accounts in the UK and NI number (having already lived and work there in the past)
• We won’t have employment already secured in the UK, but will have sufficient funds when moving there

We started living together in the UK for about 2 years while I was on a holidaymaker visa (with bills, rental agreement and P60 linking us to the same address). Then there was a 1-year gap when we were still in a relationship but not living together (me in Canada, her in UK) because my visa was over and we were waiting for my partner’s Canadian visa before she could join me in Canada. Since then, we have been living together in Canada for 6 years (with joint bank account, joint mortgage, joint rental agreement, bills with both our names, tax forms, etc).

So, correct me if I’m wrong, but I believe it would be easy to prove “durable relationship akin to marriage” with the info provided above. Correct.?

THE PLAN
So the plan is this:
• apply for the EEA Family Permit as an unmarried partner while in Canada
• fly together to the UK with the permit in hand
• register for NHS coverage (while I’m still in possession of my passport)
• apply for Residence Card (EEA2)
• wait for COA
• receive 5-year Residence Card

FINDING WORK
Here’s where things get blurry:
• With an EEA FP, can I work in the UK for the 6 months the permit is valid for (even as an unmarried partner).?
• Assuming I don’t apply for the EEA2, what happens after 6 months: am I supposed to just quit my job, even if my partner will by then be exercising Treaty Rights by being a worker.?

Assuming I apply for the EEA2 right after I arrive in the UK:
• What happens after I send my EEA2 application: can I still search for work and/or work indefinitely.?
• Or do I then need to wait for the COA which might take a few weeks/months.?
• Or worst, do I need to wait for the Residence Card.?

MORE QUESTION
• Should EEA national partner apply for EEA1 and will that help anything.?
• Should it be done before or at the same time as the EEA2 .?
• According to my situation, will my COA state that I am allowed to work in the UK.?
• How hard will it be to convince potential employers of my eligibility to work, being an EEA family member (unmarried)


I think I’ll stop now, that’s enough information for one post.!
Thanks.

[Jambo]

With unmarried partner application, there is no automatic rights under the EEA regulations as the UK needs first to examine the relationship. Once this was examined (either in a EEA Family Permit application or a Residence Card one), you ate considered a family member and enjoy the same rights (employment etc).
To answer your questions:

• With an EEA FP, can I work in the UK for the 6 months the permit is valid for (even as an unmarried partner).?

Yes.

• Assuming I don’t apply for the EEA2, what happens after 6 months: am I supposed to just quit my job, even if my partner will by then be exercising Treaty Rights by being a worker.?

No. But it would complicate things. I suggest you apply for a Residence Card (EEA2).

Assuming I apply for the EEA2 right after I arrive in the UK:
• What happens after I send my EEA2 application: can I still search for work and/or work indefinitely.?

Yes as long as your partner is exercising treaty rights. I suggest you send the EEA2 application as soon as you gathered enough evidence required (simplest application is if your partner is working but there are other ways to exercise treaty rights).

• Or do I then need to wait for the COA which might take a few weeks/months.?
• Or worst, do I need to wait for the Residence Card.?

The EEA FP should cover you for several months although some employers might be reluctant to take someone with unclear visa future (unless you can convince them).

MORE QUESTION
• Should EEA national partner apply for EEA1 and will that help anything.?

possible. It will not change. As the EEA national needs to send proof of exercising treaty rights anyway. Applying for EEA1 in practice just means filling in a form and attaching a photo. Your application for RC would depends on the outcome of your partner documents anyway (regardless whether they applied for EEA1 or not).

• Should it be done before or at the same time as the EEA2 .?

same time. Same envelope.

• According to my situation, will my COA state that I am allowed to work in the UK.?

it should state you are allowed to work as your relationship was already determined during the EEA Family Permit application.

• How hard will it be to convince potential employers of my eligibility to work, being an EEA family member (unmarried)

depends. Some employers are more understanding of the EEA regulations. In any case, I suggest you write on your CV - "permission to work. EEA national family member" without mentioning the word visa or an expiry date. That will get you pass the first hurdle. You can always explain your situation later when they are more keen on getting you onboard.

[EUsmileWEallsmile]

Since then, we have been living together in Canada for 6 years (with joint bank account, joint mortgage, joint rental agreement, bills with both our names, tax forms, etc).

So, correct me if I’m wrong, but I believe it would be easy to prove “durable relationship akin to marriage” with the info provided above. Correct.?

I would agree that you appear to qualify as unmarried partners. This is good evidence.

[canuckUK]

Yes as long as your partner is exercising treaty rights. I suggest you send the EEA2 application as soon as you gathered enough evidence required (simplest application is if your partner is working but there are other ways to exercise treaty rights).

I think being a job-seeker is also a way of exercising treaty right.

Do you think it's a good idea to make an EEA2 application on the basis that the EEA National is exercising treaty right by being a job-seeker (that would mean being able to apply for the EEA2 right upon arrival).? Or is it "better" to wait for the EEA National to have a job and then apply for EEA2.?

Is there a risk the processing time will be longer if the EEA national is "only" a job-seeker at time of application.?

Thanks to both of you for your advice and answers.!

[Jambo]

How the EEA national exercises treaty rights doesn't affect the duration the application is dealt with but the burden of proof is more complex when applying as a job-seeker. It's not just a matter of ticking a box in the form. It needs to be supported with evidence and the HO can be picky when it comes to job seeking evidence. A worker is much simpler to prove.

As you will have a 6 months EEA Family Permit, I will wait a few months (if you can) until your partner has a job.

[EUsmileWEallsmile]

The easiest way to apply is as a worker (simply require letter of engagement from employer). It is possible to apply as a job-seeker, but as Jambo says, you need to evidence this.

Another possibility is as a self-sufficient person, but for that you would need sufficient funds and sickness insurance.

[canuckUK]

Alright, applying as a worker looks like the way to go then.
I don't want to make it harder on those case workers / immigration officers.!

Thanks for the help guys.!