Forum Immigration UK

Forum of expats in the Immigration UK: Ask questions and participate to discussions concerning expatriation.

  Search the whole website

  User's Charter  -  Help  -  Terms and Rules  -  Privacy Policy

✎ EN EEA family permit unmarried partner
    

Discussion in 'Immigration UK' started by Ronan08, Apr 11, 2013.

  1. Ronan08

    Ronan08 New Member

    Joined:
    Apr 11, 2013
    Messages:
    4
    Likes Received:
    0
    Gender:
    Male
    Living In:
    Spain
    Nationality:
    Filipino (PH)
    Languages:
    English
    I'm a NON eea National living here in SPAIN. I came here as a schengen Visa. And now my schengen visa was already expired so it means I am overstayer. Me and my partner (spanish citizen) been living together for more than 2 years now. Now we have a planned to apply in UK EEA family permit unmarried partner. We have evidence that we are in durable relationship like empadronamiento (residence certificate), joint account, pictures, itinerary travel tickets, official receipt for remittances both names and address included. She wants to work in Uk and I want my partner to be with me and we have plan to get married there. Now, is it allowed to apply under EEA family permit of unmarried partner although I am unlawfully resident now or Overstayer here in Spain?
     
    #1 Ronan08, Apr 11, 2013
  2. texkourgan

    texkourgan Addicted member
    Networker Editor

    Joined:
    Jan 29, 2008
    Messages:
    7,051
    Likes Received:
    17
    Gender:
    Female
    City:
    Berlin
    Living In:
    Germany
    Nationality:
    American (US)
    Languages:
    English, a little Deutsch
    Overstaying definitely complicates the situation. Though hiring an immigration lawyer is expensive, it may offer you the best chance of being successful.

    For the usual requirements, refer to the Guide to London which provides a UK visa section, and our FAQ addresses "What is a UK EEA Family Permit?".

    Does anyone have experience with this? Good luck!
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
    #2 texkourgan, Apr 16, 2013
  3. Ronan08

    Ronan08 New Member

    Joined:
    Apr 11, 2013
    Messages:
    4
    Likes Received:
    0
    Gender:
    Male
    Living In:
    Spain
    Nationality:
    Filipino (PH)
    Languages:
    English
    Thanks for your reply. But I have read frm the UKBA website that in applying EEA FP you don't need to be lawfully resident in an EAA state under the ECJ Metock judgment.

    As stated "The ECJ judgment on Metock in July 2008 prohibited Member States from having a general requirement for non EEA spouses of EEA nationals to be lawfully resident in another EEA member state before they can benefit from a right to reside under the EU Free Movement of Persons Directive. Therefore, we can no longer apply the lawful residence requirement (which was based on the case of Akrich) or our own domestic legislation (the Immigration Rules) to family members seeking first admission to the EEA from outside the EEA"
     
    #3 Ronan08, Apr 16, 2013
  4. Jladamany

    Jladamany New Member

    Joined:
    May 27, 2013
    Messages:
    3
    Likes Received:
    0
    Gender:
    Female
    Living In:
    France
    Nationality:
    American (US)
    Languages:
    English, French
    texkourgan:

    Do you know if a nonEU spouse can apply for an EEA family permit while in the UK on a visitors visa? Are these the non EUs in the UK that you mentioned first?

    Here is my circumstance:

    I am a nonEU living in France with my French fiancé. We are moving to the UK the end of June and I have applied for a family permit before traveling there. Due to unforeseen circumstances I must return home to the US and therefore must have my passport (I was told that they keep your passport while waiting for your EEA family permit approval). I will be gone until mid June and therefore when I return to France, I do not have the 2 weeks to wait for my approval. If I move to the UK with my partner and then apply for the EEA permit, is that acceptable?

    Thank you,

    Jess
     
    #4 Jladamany, May 27, 2013
  5. Ronan08

    Ronan08 New Member

    Joined:
    Apr 11, 2013
    Messages:
    4
    Likes Received:
    0
    Gender:
    Male
    Living In:
    Spain
    Nationality:
    Filipino (PH)
    Languages:
    English
    You cannot apply EEA family permit inside the UK. You can apply first EEA family permit outside the UK and once in the UK you can apply for EEA2 residence card
     
    #5 Ronan08, May 27, 2013
  6. Jladamany

    Jladamany New Member

    Joined:
    May 27, 2013
    Messages:
    3
    Likes Received:
    0
    Gender:
    Female
    Living In:
    France
    Nationality:
    American (US)
    Languages:
    English, French
    Thank you. That is what I thought. Its a straggle as if I do it now I only have 10 days to get it back before needing to go back to the US. Sadly I dont think I will have my passport back in time so I wont be able to apply and will need to push my start date back for my job.

    Thank you again for your answer. Its a lot of help.
     
    #6 Jladamany, May 27, 2013
  7. Jladamany

    Jladamany New Member

    Joined:
    May 27, 2013
    Messages:
    3
    Likes Received:
    0
    Gender:
    Female
    Living In:
    France
    Nationality:
    American (US)
    Languages:
    English, French
    Wish I had known earlier that they had to keep my passport. I have never had this done for a visa.... and I didnt see this until I submitted my online application. It is written on the page they send you when you submit the application but I didnt see where it said it before that.
     
    #7 Jladamany, May 27, 2013
  8. khawkins72278

    khawkins72278 New Member

    Joined:
    Jun 28, 2013
    Messages:
    1
    Likes Received:
    0
    Gender:
    Female
    Living In:
    United Kingdom
    Nationality:
    American (US)
    Languages:
    english
    It is true that you can apply for a resident permit while inside of the UK after coming in as a visitor. I know this because I currently have an application for (EEA2) and I am currently in the UK and I came in as a visitor. You are legal here as you await your answer regarding your permit.
     
    #8 khawkins72278, Jun 28, 2013
(You must log in or sign up to post here.)
Loading...
Similar Threads Forum Date
✎ EN EEA Family Permit - permanent right of residence Immigration UK Dec 18, 2018
✎ EN EEA Family Permit Immigration UK Nov 27, 2018
✎ EN EEA family permit - help with applications/ Relationship section Immigration UK Aug 30, 2018
✎ EN EEA Family Permit - Proof of living together Immigration UK Jan 6, 2018
✎ EN EEA Family Permit Immigration UK Oct 21, 2017

Share This Page

Facebook Twitter LinkedIn Pinterest WhatsApp Addthis
Read the latest news in the expat world, info, trends, interviews, and much more: Browse our Expat Magazine