Unmarried Partner - EEA4? £950? Very confused

[LCMC]

Dear all,

I hope you can give me some advices on my VISA problem. Some info about us first:

Myself: (Non-EEA, from Asia):

2002/09 arrived UK as a student;
2003/09 graduate as a student;
2003/09 - 2005/08 student VISA;
2005/08 - till now on an Unmarried Partner VISA(granted for 2yrs through the "Free" EEC way),
2006/04 till now: working
2007/08 VISA will expire;

My partner: French
2002/09 arrived in UK as a student (my classmate)
2003/09 graduate as student
2003/09-2003/11, looking for job;
2003/11 start working in UK;
2005/08, along with my application, he got the 5 year "blue paper".
2005/10 - 2006/08: transfer by the UK company to work in France for a placement;
2006/08 till now, work in UK;
2007/02, applied for permenant residenship, still waiting for result;

My question is:
1. Am I qualify for permanent residenship under EEA4 form? (It does require 5 years living together as partner, but we started our relationship in 2003/02, and we lived together since 2003/02, so it's about 4.5 years now)

2. If I am not qualify for permanent residenship, should I use other EEA form to extend my stay?

3. Can I possibly go through the "£950.00" route? (that's a lot of money)
I mean, before, I applied through EEC route, can I now change to go under UK route? UK route only require 4 years together, right?

4. Also, as I mentioned above, mon cher is still waiting for his permenant residentship stamp on his passport. Just in case, what can I do if he still can't get back his documents by the time I need to make my VISA application? (that will be a pain, won't it? all those pay-slips and stuff)

5. If we are that fortunate, get back his documents and get a PR stamp on his passport, does he still need to submit all the documents requried on the EEA4 form again? or can he just hand in the passport to prove that he has excecise the Treaty Right here already?


Thank you all for spending time on considering my case. Looking forward to your advice.

Regards

[Docterror]

Using your own numbering to answer-

1 & 2. You cannot use the EEA4 after 4.5 years of being the partner of your French national as the rules asks for 5 years. Since your Residence Permit will be expiring next month, if you do want proof of right of residence, you will have to apply with the EEA2, as EEA4 will get rejected due to the time-frame notbeing met. But after you do get your Residence Card, you can apply for the Permanent Residence (PR) Card after another half an year after the residence requirements have been met.

3. Theoretically speaking, after your EEA partner has the PR, you can use the FLR(M) and make an application for Unmarried Partner's visa under the UK immigration rules and then fork out the additional £950 for ILR over the FLR(M) fees after 2 more years of residence. But that would smack of insanity considering that you will be eligible for the European equivalent of the ILR in a couple of month's time.... free of charge!... And, no! It is not 4 years under the UK immigration rules. Its 5 years for ILR/PR or 3 years... if your spouse/ Civil partner is British. No leeway for unmarried partners there!

4. Had you been a registered partner, I would have suggested that you wait for his application to come through before you make your application with EEA2. But since you fall in the unmarried partner's category, your extended family member status does not really give you absolute automatic right to be with the EEA family member. So, making an application with as much proof as possible (like getting letter from the HMRC stating that you both have been paying your taxes, letters to both of you to the same address) with a covering letter stating that all other proof is already with the HO for the EEA 3 application of your partner, quoting the reference number of his application ... if any.

5. Safe route- submit all. If you chose not to, please let us know how it turns out.

Hope that helps.

[Docterror]

Now, time for me to shoot for some questions-

1. How did your partner apply with the EEA3 in 02/2007 when he has only been here from 09/2002 and thus not complete the 5 years requirement himself?

2. Between 10/2005 and 08/2006, did he maintain his ties to the UK and have proof to the fact that he did? Has the HO asked for any further documents yet regarding these matters?

[sakura]

If he first came to the UK in September 2002, why did he apply for PR in Feb 2007? Isn't that 6+ months too early? Might be why it's taking a long time?

[Docterror]

If he first came to the UK in September 2002, why did he apply for PR in Feb 2007? Isn't that 6+ months too early? Might be why it's taking a long time?

By HO's standards for EEA applications, it really isn't too long. Infact they are only seeing all February applications for the EEA3 right now!

[sakura]

If he first came to the UK in September 2002, why did he apply for PR in Feb 2007? Isn't that 6+ months too early? Might be why it's taking a long time?

By HO's standards for EEA applications, it really isn't too long. Infact they are only seeing all February applications for the EEA3 right now!

Oh well...that's what happens with free applications!!!

[Docterror]

If he first came to the UK in September 2002, why did he apply for PR in Feb 2007? Isn't that 6+ months too early? Might be why it's taking a long time?

By HO's standards for EEA applications, it really isn't too long. Infact they are only seeing all February applications for the EEA3 right now!

Oh well...that's what happens with free applications!!!

...Not necessarily! BR forms are processed within the month... free of charge. The HO is just incubating on the the EEA applications for the first 4-5+ months just because, as it seem, the maximum time that can be taken to process the application is interpretted by them to be the Minimum mandatory time to be taken.

[sakura]

If he first came to the UK in September 2002, why did he apply for PR in Feb 2007? Isn't that 6+ months too early? Might be why it's taking a long time?

By HO's standards for EEA applications, it really isn't too long. Infact they are only seeing all February applications for the EEA3 right now!

Oh well...that's what happens with free applications!!!

...Not necessarily! BR forms are processed within the month... free of charge. The HO is just incubating on the the EEA applications for the first 4-5+ months just because, as it seem, the maximum time that can be taken to process the application is interpretted by them to be the Minimum mandatory time to be taken.

Incubating...I like that word! Sometimes the BIA are just fascinating, all their little plans, schemes...like, it's legal, so you can't complain!

[LCMC]

Posted: Thu Jul 12, 2007 9:15 am Post subject:

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Dear Docterror,

Thank you so much for your advice. It's really helpful.

Another thing, can I not use the SET(M) to apply for ILR? on the form itself, it's written, "having completed a period of 2 years in the category" as "Unmarried or same sex partner of a person present and settled in the UK". We have completed a peiod of 2 years (this August when the VISA expire) as Unmarried Partner. and prior our VISA of Unmarried partner, we were already living together for 2.5 years(that's the base we have to apply udner Unmarried Partner in the first place). At the time, we provided all the documents with our same address, and work related. We can still provide all the documents with the same address and work related for the 2 years since we got the VISA. (well, we ARE living together anyway).

Thank you very much again. I hope I udnerstand you correctly.

[sakura]

Posted: Thu Jul 12, 2007 9:15 am Post subject:

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Dear Docterror,

Thank you so much for your advice. It's really helpful.

Another thing, can I not use the SET(M) to apply for ILR? on the form itself, it's written, "having completed a period of 2 years in the category" as "Unmarried or same sex partner of a person present and settled in the UK". We have completed a peiod of 2 years (this August when the VISA expire) as Unmarried Partner. and prior our VISA of Unmarried partner, we were already living together for 2.5 years(that's the base we have to apply udner Unmarried Partner in the first place). At the time, we provided all the documents with our same address, and work related. We can still provide all the documents with the same address and work related for the 2 years since we got the VISA. (well, we ARE living together anyway).

Thank you very much again. I hope I udnerstand you correctly.

Umm...you partner was not "settled" during that time, was he? Meaning...he did not have PR during this time.

[Docterror]

Posted: Thu Jul 12, 2007 9:15 am Post subject:

--------------------------------------------------------------------------------


Dear Docterror,

Thank you so much for your advice. It's really helpful.

Another thing, can I not use the SET(M) to apply for ILR? on the form itself, it's written, "having completed a period of 2 years in the category" as "Unmarried or same sex partner of a person present and settled in the UK". We have completed a peiod of 2 years (this August when the VISA expire) as Unmarried Partner. and prior our VISA of Unmarried partner, we were already living together for 2.5 years(that's the base we have to apply udner Unmarried Partner in the first place). At the time, we provided all the documents with our same address, and work related. We can still provide all the documents with the same address and work related for the 2 years since we got the VISA. (well, we ARE living together anyway).

Thank you very much again. I hope I udnerstand you correctly.

As sakura pointed out, your French partner was not 'present and settled' and will only be so after he gets his PR. Plus, since you have been issued the Residence permit under the EEC/EU/EEA route, your status is considered as being present 'outside the immigration rules' and you will have to stay for 2 years after obtaining the Unmarried Partner's visa under the UK immigrations rules to be eligible to apply using the SET(M)

So, if you want to use the SET(M), you will first have to apply with the FLR(M), and then use it only after 2 more years have elapsed...i.e- in 2009

[LCMC]

Posted: Thu Jul 12, 2007 9:15 am Post subject:

--------------------------------------------------------------------------------


Dear Docterror,

Thank you so much for your advice. It's really helpful.

Another thing, can I not use the SET(M) to apply for ILR? on the form itself, it's written, "having completed a period of 2 years in the category" as "Unmarried or same sex partner of a person present and settled in the UK". We have completed a peiod of 2 years (this August when the VISA expire) as Unmarried Partner. and prior our VISA of Unmarried partner, we were already living together for 2.5 years(that's the base we have to apply udner Unmarried Partner in the first place). At the time, we provided all the documents with our same address, and work related. We can still provide all the documents with the same address and work related for the 2 years since we got the VISA. (well, we ARE living together anyway).

Thank you very much again. I hope I udnerstand you correctly.

Umm...you partner was not "settled" during that time, was he? Meaning...he did not have PR during this time.

Now I am a bit more confused. Mon Cher first arrived in UK 10 years ago, as a High school students, and then he went back and forth between UK and France for about 4 years, as students. Start from 2001 Sept, he is studying last year of University as an exchange student in UK, and then another year as Postgraduate student in UK. after that, he's been working. If I understand correctly, "Excercising Treaty Right" including being as a student, no? If being a student counts, then he has been excercising treaty right for continuosly 6 years and 10 month by now. Do you think he is qualify for PR?

[LCMC]

Now, time for me to shoot for some questions-

1. How did your partner apply with the EEA3 in 02/2007 when he has only been here from 09/2002 and thus not complete the 5 years requirement himself?

2. Between 10/2005 and 08/2006, did he maintain his ties to the UK and have proof to the fact that he did? Has the HO asked for any further documents yet regarding these matters?

Answer for Q1: well, he first arrived UK 10 years ago as student. However, it's been on and off, between UK and France. He continuously stay in UK started from 09/2001, his last year in University as an exchange student from France. So, it should be counted 6 year and 10 months by now, no? (I am not sure, but maybe)

Answer for Q2: the time he was working in UK, he helped me with my rent, so all the rental contract has his name on it. Also, he sent his bank statement to my address. Well, he was paying UK taxand NI, so I supposed maybe the HO didn't pick it up that he is working in France at the time. The HO didn't asked for any further documetns regarding his year in France (as I said, they might not even notice that, maybe I am wrong). However, the HO did ask for the last 6 months payslips since Jan 2007. (three days ago, so you can see that they ARE really just working on the Feb applications)

Does that make things a bit clearer? I am sorry for the confusion.

Regards

LCMC

[LCMC]

Posted: Thu Jul 12, 2007 9:15 am Post subject:

--------------------------------------------------------------------------------


Dear Docterror,

Thank you so much for your advice. It's really helpful.

Another thing, can I not use the SET(M) to apply for ILR? on the form itself, it's written, "having completed a period of 2 years in the category" as "Unmarried or same sex partner of a person present and settled in the UK". We have completed a peiod of 2 years (this August when the VISA expire) as Unmarried Partner. and prior our VISA of Unmarried partner, we were already living together for 2.5 years(that's the base we have to apply udner Unmarried Partner in the first place). At the time, we provided all the documents with our same address, and work related. We can still provide all the documents with the same address and work related for the 2 years since we got the VISA. (well, we ARE living together anyway).

Thank you very much again. I hope I udnerstand you correctly.

As sakura pointed out, your French partner was not 'present and settled' and will only be so after he gets his PR. Plus, since you have been issued the Residence permit under the EEC/EU/EEA route, your status is considered as being present 'outside the immigration rules' and you will have to stay for 2 years after obtaining the Unmarried Partner's visa under the UK immigrations rules to be eligible to apply using the SET(M)

So, if you want to use the SET(M), you will first have to apply with the FLR(M), and then use it only after 2 more years have elapsed...i.e- in 2009

Thank you so much again. Now, should I sum it up, and would you be so kind to see if I understand it correctly.

My next step: Use EEA2 to apply for an extension of my VISA, and 6 month later, (Feb 2008) I will be able to apply for ILR under EEC rules.

Is that right?

[Docterror]

He continuously stay in UK started from 09/2001, his last year in University as an exchange student from France. So, it should be counted 6 year and 10 months by now, no?

So, he is continually resident from 09/2001 and not 09/2002 as first reported. So, mathematically and logically it would be counted as 5 years and 10 months and so should already have the PR by now.

the time he was working in UK, he helped me with my rent, so all the rental contract has his name on it. Also, he sent his bank statement to my address. Well, he was paying UK taxand NI

Good! If he was paying UK taxes and has maintained ties with the UK, the time spend in France will be easily overlooked.

My next step: Use EEA2 to apply for an extension of my VISA, and 6 month later, (Feb 2008) I will be able to apply for ILR under EEC rules.

Precisely!.. and all of it free of charge.

[LCMC]

Thank you very much! Problem solved! So clear and quick! Thank you very very much. I will keep you updated my situation. Talk soon!

Regards

LCMC