# EEA EFM - Non-EEA unmarried partner



## Americanabroad91 (Sep 20, 2015)

I'm wondering if anyone might be able to help me...

I have been in the UK since 2012 on a Tier 4 Student visa and have been living with my Irish partner for 2 years here. He was born in England and we had been preparing for applying for the unmarried spouse visa which we had an appointment for in Solihull last week. When we arrived, the person handling our application informed us that even though he was born in England and has been told he is British/Irish his entire life he is actually not considered British and we therefore have to apply for the EEA EFM instead.

We sent off our EEA EFM application the other day as unmarried partners with his stating he is a working national and we are both already living in the UK. We supplied the following documents:

- Proof of living together for 2 years (Joint housing contracts, joint bill statements, individual documents addressed to the same addresses)
- Proof of employment for both of us 
- Payslips for the last 6 months from boyfriend's job
- Payslips from last 2 months from my job
- Passports and birth certificates
- passport-sized photos of us each
- Bank statements from boyfriend's bank (he earns double what I make)
- My current visa
- Boyfriend's P60
- Proof of my previous biometrics appointment for current visa

As I am currently here on a Tier 4 visa that runs out next month, can someone please help me understand if I am able to stay in the UK with the COA while I wait for my decision even though I don't have a residence permit?

Home Office has stated I can only travel within the UK during this time so if I want to travel to Northern Ireland will airlines let me onto the planes with only my passport and COA or do I have to wait to fly until I get the residence card?

Some people seem to have the residence permits and then apply for the card but since I'm on the current visa do I need to apply for a permit while I wait for the card?

Are any countries given easier approval than others?

Are the documents we supplied enough to get approved?

Any help on this would be great


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## Joppa (Sep 7, 2009)

You apply for residence card as family member of an EEA citizen who is a qualified person, i.e. exercising EU treaty right in UK. I think your list of documents is sufficient, though expect them to scrutinise any details you submit (contacting employers, unannounced visit, personal interview etc).
You can ask for your passport back if needed for travel, and your application stays in the system.


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## Americanabroad91 (Sep 20, 2015)

Thank you for your help! If I'm already working here and have given them my contract/etc. is it likely I'll be able to get a COA allowing me to continue or is it rare for unmarried partners to even get the right to work while waiting for a decision?

Also, since my partner is Irish and living in the UK, is this the right document to apply for since I'm not his family, I'm just his unmarried partner?


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## HKG3 (Jan 11, 2015)

Americanabroad91 said:


> When we arrived, the person handling our application informed us that even though he was born in England and has been told he is British/Irish his entire life he is actually not considered British and we therefore have to apply for the EEA EFM instead.


I cannot understand how someone with dual UK / Irish citizenship can exercise EU treaty right in the UK? Does he need to give up his British Citizenship before applying for an EEA EFM for his partner?

I don't know how old the OP's partner is, but as far as I remember, most people born in the UK before 1 January 1983 will get British Citizenship.


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## Americanabroad91 (Sep 20, 2015)

HKG3 said:


> I cannot understand how someone with dual UK / Irish citizenship can exercise EU treaty right in the UK? Does he need to give up his British Citizenship before applying for an EEA EFM for his partner?
> 
> I don't know how old the OP's partner is, but as far as I remember, most people born in the UK before 1 January 1983 will get British Citizenship.


That is what we thought too but when we went for our appointment at Solihull the woman said that he isn't considered British despite being born in England because he has an Irish passport but not a UK one. His birth certificate says born in UK and he has gone to school in the UK and lived in the UK for over 10 years combined....so that's why we have to apply for this one apparently (according to woman at Solihull).


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## Joppa (Sep 7, 2009)

That's correct. Those who may be entitled to British citizenship but haven't taken steps to claim it, for example, by applying for British passport, can still exercise treaty rights as Irish citizens. This include those born in Northern Ireland of British or settled parents but opted to take on Irish citizenship.


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## Americanabroad91 (Sep 20, 2015)

Joppa said:


> You apply for residence card as family member of an EEA citizen who is a qualified person, i.e. exercising EU treaty right in UK. I think your list of documents is sufficient, though expect them to scrutinise any details you submit (contacting employers, unannounced visit, personal interview etc).
> You can ask for your passport back if needed for travel, and your application stays in the system.


Is it likely that I can continue working with the COA?


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## Joppa (Sep 7, 2009)

Yes. I have seen COA with work endorsement for the unmarried, but usually they leave that out.


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## Americanabroad91 (Sep 20, 2015)

Joppa said:


> Yes. I have seen COA with work endorsement for the unmarried, but usually they leave that out.


I've just received my COA with my biometrics form and it says 'they cannot confirm my right to work' ...is there any way this can be changed so I can keep working?


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## Joppa (Sep 7, 2009)

Not really, as unmarried partners aren't covered by EEA regulations. You just have to wait till you get your residence card.


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## Americanabroad91 (Sep 20, 2015)

Even though I am currently on a visa which allows me to work? I've heard that you can keep the same conditions of the visa you hold prior to the RC until you get a decision - is this incorrect?


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## Joppa (Sep 7, 2009)

What you have is EEA family permit, not a spouse/partner visa. While you can work with the permit, your full right to work isn't confirmed till you get your residence card, and most employers will insist on seeing that or at least COA with work endorsement. What does your employer say?


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## Americanabroad91 (Sep 20, 2015)

Joppa said:


> What you have is EEA family permit, not a spouse/partner visa. While you can work with the permit, your full right to work isn't confirmed till you get your residence card, and most employers will insist on seeing that or at least COA with work endorsement. What does your employer say?


I don'y currently have the permit though - I have a student tier 4 visa that I'm switching from. My employer is fine with me working until I get a decision but I just want to make sure that this COA is allowing me to work even though it says it is 'unconfirmed'. I don't want to continue working if it is illegal or against the terms of my visa application.


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## Joppa (Sep 7, 2009)

Have you finished your course? Then you can work full-time for the remainder of your Tier 4.


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## Americanabroad91 (Sep 20, 2015)

Joppa said:


> Have you finished your course? Then you can work full-time for the remainder of your Tier 4.


Yes, and the tier 4 ends the 26th Oct so my question is can I still work after that or do I have to stop?


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## Joppa (Sep 7, 2009)

I don't think there is black-and-white answer. If your employer is happy for you to continue, fair enough, but most will put your job on hold until your residence card is issued, just to cover themselves against a big fine for hiring an under-documented worker.


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