# EEA EFM: Unmarried UK Residence Card



## SabzViGa (Feb 11, 2015)

Hi,

Apologies if the following has already been answered on previous posts (I’m happy to be directed), I’ve been searching but couldn’t find exactly what I need to know!

I’m Australian on a Tier 5 Youth Mobility Visa that expires in early July. I’ve lived in the UK with my Spanish boyfriend since September 2013. We are in the process of gathering documents to apply for the EEA – EFM: Unmarried (extended family member) UK Residence Card.

We’ve been in a relationship since 2011, but have only lived continuously together for 18 months (my visa expires before we can make the 2 years). Both my partner and I have made several phone calls to the immigration contact centre and have been told each time by different people, that this doesn’t matter: We just need to prove our relationship is durable and ongoing, and can include time spent together and apart since 2011 (such as I lived with him and his family for 6 months in Spain). 

From experience, does this seem right? We are very worried about going through all this effort, only to be rejected for not having the 2 years living together… and I’m worried we’ve been given the wrong information, even though we’ve made several calls. 

So far we are collating the following ‘evidence’:

•	Tenancy agreements in both names
•	Joint bank account statements 
•	Council tax in both names / individual with same address 
•	Internet, energy bills 
•	National insurance numbers
•	Financial evidence – partner’s contract, pay slips 
•	Plane tickets / itineraries / receipts of travel since 2011 documenting time together in each country, and of holidays taken together 
•	Personal emails, Facebook messages, public Facebook posts, text / WhatsApp messages since 2011 
•	Skype logs (though I am having trouble working out how to access historical logs – any advice would be appreciated!) 
•	Photographs covering different time periods together since 2011 
•	Supporting statements from family and friends
•	Letters, cards sent since 2011 

Does this seem like we are one the right track so far? Is there anything else we could add to this list? 
Is there anyone in a similar situation that can offer some advice?

Thank you in advance!


----------



## nyclon (Apr 3, 2011)

No, it doesn't seem right. 6 months short of living together for 2 years will almost certainly mean rejection. Allowances are sometimes made if the reason for separation is work related.

Edited to add: If by immigration contact centre you mean UKVI, they unfortunately have been known to give incorrect information.


----------



## SabzViGa (Feb 11, 2015)

Thanks Nyclon for your quick reply, though I do feel sick now haha.... I did mean UKVI, and I had a feeling something wasn't quite right!! I guess it's back to square one..   Appreciate your help!


----------



## Joppa (Sep 7, 2009)

When did you live with your boyfriend in Spain for 6 months (dates)? Why didn't you live with your boyfriend when you first arrived in UK? Where was he?


----------



## SabzViGa (Feb 11, 2015)

Hi Joppa,
I stayed with him and his family in 2012 for 6 months. I then had to return to Australia for university / work. I flew back to Spain at the beginning of August 2013, we spent a month in Spain and moved to Edinburgh in September together and started a lease.
My visa expires in July because it was issued in July 2013 in Australia - should this actually reflect the date I arrived in the UK?


----------



## Joppa (Sep 7, 2009)

No it expires on 'valid until' date on your visa. So there is a gap of a year before you resumed your cohabitation. It does look chance of success is slim.


----------



## SabzViGa (Feb 11, 2015)

It was about 9 months we had to be apart. I've been getting together what I can to prove contact during this time period - Is it any use getting references from my employer at the time stating I was needed for work / also family statements stating I had to be at home to help care for my Dad who is unwell (both are true) - - however perhaps still quite a stretch? 

It is quite a long time apart, and I can appreciate that if the bottom line is we don't have the 2 years, then we'll just have to find another option! Likely, marriage. Thanks for the advice.


----------



## Joppa (Sep 7, 2009)

3 months maybe but unlikely for 9. 
You don't want a visa refusal on your record, as it will affect all future applications, singled out for special scrutiny and usually needing higher threshold for approval. 
Marriage does seem a sensible move, but only you can answer that.


----------



## SabzViGa (Feb 11, 2015)

Thanks very much for your help & advice!


----------



## SabzViGa (Feb 11, 2015)

Hi, 

In considering marriage, can I please clarify the following with regards to applying for the EEA FM Married UK Residence Card:

- You don't need to have been married for a specific time period before applying

- Besides financial / cohabitation evidence as required, you do not need to ‘prove’ your relationship in other ways - or are photographs, emails, etc. still necessary?

- My partner is Spanish and works as an Economist for the Scottish Govt. He completed his MSc here, then began working with the Govt. as soon as he finished. This is his second year living in the UK. Is he categorised as a National Worker or a Qualified Person?

Thank you


----------



## Joppa (Sep 7, 2009)

#1 No. But see #2.
#2 You still have to show evidence that your marriage isn't one of convenience, i.e. not a sham, fraud, wheeze to remain in UK. So additional evidence is strongly recommended. Get some wedding photos showing you two with some guests. Plus usual Skype, travel tickets, joint accounts etc.
#3 Qualified person. National worker would be a British citizen.


----------



## SabzViGa (Feb 11, 2015)

Thank you again for your help - really appreciated!


----------

