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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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being in a 2 years relationship with a french national, but

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being in a 2 years relationship with a french national, but have been living in between living together and long distance relationship (because of the 6 month tourist visa!) , but having proof that during our time apart we still go and see each other, phone records, pictures, mail, text... can we apply for the unmarried partner visa???
we are committed, serious, and planing our lives together
we are both adults, 25 and 29
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,

In the past two years how long have you physically lived together in the property?

What nationality are you?

Do you plan to marry?

Tom
Customer: replied 2 years ago.

Dear XXXXX,


 


In the London property we lived for nearly 8 month,


and all the other time we were going to see each other, whether it was in London, Paris ( his family`s home), Lebanon ( my country )
etc...


 


it was nearly impossible to live more than that since I was only granted a tourist Visa each time.


 



and plus I have to work and make money , so I couldnt be in a country where I wasnt allowed to Work even if If I do hold a masters Degree in Architecture


 


We do not plan to marry not before we are settled and I find a job, etc...


 


we want to be able to live together, work , and then marry


and in order to do so


unmarried partner came to mind


 


 


kind regards


cynthia

Expert:  Thomas replied 2 years ago.
Hi Cynthia,

Is the reason that your EEA partner would not leave the UK because they have a job here?

Tom
Customer: replied 2 years ago.

Dear XXXXX,


 


yes, it is for that reason that my partner would not leave the UK, he is settled and have been working here for the past 3 years now,


in a very good position, and in a job that earns him a high rated income.


I would find it selfish from my part to make him leave this, and wouldn't allow it !


I don't want to come to the UK to profit from the system, but only to be with my partner. And it is devastating that I find it so difficult to do so.

Expert:  Thomas replied 2 years ago.
Hi

Thanks for your patience.

As you are aware the normal requirement to apply as an unmarried partner is that you must be in a “durable relationship” with that person. Generally this is taken to mean that you must have cohabited for a period of two years.

However, it is possible to prove that you are in a durable relationship with the person even if you have not cohabited together. The UKBA will take in to account other things like the length of your relationship (the fact yours is greater than two years is good), documentary proof of the relationship, time you have spent together, photos, correspondence and your respective explanations for why you have not lived together.

If the reason that you have not lived together is because of your partner’s job then you should both execute statutory declarations confirming this and explaining that you would have lived together were it not for the fact that your partner values their career and feels that it would be setback if they left the country. You should both state that you should not be prejudiced by your partner’s legitimate desire to further their career and feel that by any credible measure you would be regarded as unmarried partners.

Provided your statements are adequately evidenced with supporting documentation proving the time that you have been together I would expect that you would be granted a family permit as the unmarried partner of an EEA national exercising treaty rights in the UK.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

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Kind regards,


Tom
Customer: replied 2 years ago.

Dear XXXXX,


so I understand that it is possible to be granted the family permit of an EEA national, but where do we apply from?


is it from my home country or from the UK? meaning will he have to apply from the UK?


 


Thank you for your Answer, and giving us hope.


 


Cynthia


 


 

Expert:  Thomas replied 2 years ago.
Hi Cynthia,

No, you should apply from the country where you reside.

You cannot apply from the UK because I presume that if you are presently in the UK then you are on a visitor's visa. This would mean that any application you submitted from within the Uk would be regarded and may be viewed as a form of deception because it is a condition of visitor's visas that you must not attempt to switch in to another visa category whilst you are visiting.

Please remember to rate my answer.

Kind regards,

Tom
Thomas, Solicitor
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Experience: BA (Hons), PgDip, Practising Solicitor
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