# Unmarried partner visa from rejected student visa



## melody.smms (Mar 30, 2016)

Hi guys, I'm thinking to apply unmarried partner visa. But it's complicated and I need your advice guys.

Background 
1. I was on student visa and when I finished my master MBA, I applied further student visa to do some more professional course CIMA. 
2. My visa extension was rejected cos I missed CIMA registration proof and £20 was short in my bank account than the amount I should have.
3. Since then, it's been 3 years (2013-2016) that I'm fighting for my visa at the court. (Now in court of appeal) Next and last hearing will be in May.
4. I've been staying in London on 3C leave during these 3years. So I don't have visa right now. I can work 20 hours though.
5. My Italian boyfriend and I met just before my visa extension and now we are together for 4years already and staying together for 3.5years. 

Question
1.Will there be any chance I can apply for unmarried partner visa though I don't have a valid visa right now?

2. If I cancel the student visa extension case at the court, do I still have right to launch new application for unmarried partner?

3. We have all documents, house renting contract and all bills ONLY on his name as I can't do contract without Id, passport at home office. But all my papers (payslip, bank address, UKba communication letter, etc) on same address. And I transfer the rent every month to his bank account first then he transferred back to home account. Hopefully it can serve as a record. Will it be alright?

4. Financially, we're students. So, can our parents sponsor us?

5. Is there any other route that you advise me to apply?

This has been a long one and complicated. Hope you guys could help answer or help me find a way.

Thanks in advance
Su


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## Joppa (Sep 7, 2009)

melody.smms said:


> Question
> 1.Will there be any chance I can apply for unmarried partner visa though I don't have a valid visa right now?


Yes, but only from outside UK.



> 2. If I cancel the student visa extension case at the court, do I still have right to launch new application for unmarried partner?


No. You have to leave UK as your 3C stay will come to an end.



> 3. We have all documents, house renting contract and all bills ONLY on his name as I can't do contract without Id, passport at home office. But all my papers (payslip, bank address, UKba communication letter, etc) on same address. And I transfer the rent every month to his bank account first then he transferred back to home account. Hopefully it can serve as a record. Will it be alright?


See my comment below under #5.



> 4. Financially, we're students. So, can our parents sponsor us?


No. Third-party support isn't allowed.



> 5. Is there any other route that you advise me to apply?


As your partner is Italian, you can try applying for residence card as family member of EEA citizen. You don't need a valid UK visa because of the Metock Judgment in the EU courts. Being a student is acceptable. You need comprehensive sickness insurance for both of you.


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## melody.smms (Mar 30, 2016)

Thanks so much for your prompt and exact reply. So my only option now is to apply EEA family member residence card from OUTSIDE of the country then?
I've had a bit of research on that. Don't we need to show bank account and minimum savings for this? Cos I can't find any financial doc in doc required section


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## Joppa (Sep 7, 2009)

No. You can try applying for residence card from inside UK as family member of EEA citizen. There is no financial requirement as such. Your partner has to be a qualified person exercising EU treaty right in UK. Being a student can be one, but in that case you both need comprehensive sickness insurance (i.e. private medical cover, even if you use NHS).


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## melody.smms (Mar 30, 2016)

Wow that's so helpful. Thanks. So, I can apply for residence card straightaway or I need to cancel my student visa case at court first?
What d'you reckon to cancel or wait till hearing is finished? 
Where should Thank you so much again Joppa for giving me such valuable advices


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## melody.smms (Mar 30, 2016)

And I'm a bit confused about insurance. My boyfriend was working last 4 months and studying at the same time ( but now he left the job for study) and I'm paying NI from my part-time job. But as you've mentioned, that additional insurance is still needed apart from NHS. Will we need to buy that insurance every year or so? It's like a rip off. Am I understanding right?


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## melody.smms (Mar 30, 2016)

And please recommend me some websites or links I can start off this residence card application. I've looked at Ukba website. But still feel like lost where to start.
My hearing for student visa is in May. So, I think I need to start off this residence permit asap.
Sorry lots of questions and request.


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## Joppa (Sep 7, 2009)

You can keep your appeal going while you apply for residence card. They will probably ask you to withdraw your appeal before issuing your residence card, which can take up to 6 months. 
You both need CSI for every year he is a student and not working. It doesn't matter if you pay NI or use NHS. This is under EU law.
https://www.gov.uk/apply-for-a-uk-residence-card/overview


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## melody.smms (Mar 30, 2016)

Thank you. 
I understand about insurance now. As he is student and no income now, we need insurance.
Do you think my student visa rejection case will have effect on this residence card application?
And also I'm a bit worried that we started our relationship just before I went onto 3C leave and I'm afraid they might argue this relationship becomes 4year when I don't have visa and only because of 3C leave. 
Do you recommend to start off this residence card application asap?


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## Joppa (Sep 7, 2009)

They can't reject your residence card application because of refused UK student visa, though they can do so for public policy, public health or public security reasons. 
Your relationship is fine. 
Yes, you can apply for residence card at any time.


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## melody.smms (Mar 30, 2016)

Hi Joppa, 
So I'm now starting to prepare for EEA EFM residence card. I just want to reassure a few facts.

1. I don't have stay or valid visa right now and I'm on 3C leave. My appeal for student visa is now on court of appeal.
2. My boyfriend and I are not coming together to U.K, actually he arrived 1 year later than me. We met and set up our relationship here.
3. I'm not dependent on him financially.
4. For proof, home contract is on his name and other flatmates name only. My name is not included in contract as I didn't have passport to make contract.
But
1. I have other home office or court letters, payslips, bank statements, etc. on same address with home contract. 
2. We've been in relationship for over 3years and lived together for 2months away from 3 years.

Does any of these facts can affect my EFM application? Am I still valid to go ahead?

I just want to double check of everything before applying. I had enough of visa rejection already with my student visa.

Can you also please recommend me a link for sample of spreadsheet I need to submit as proof of relationship?

Thanks.


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## Joppa (Sep 7, 2009)

Yes, you are free to apply for residence card.


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## melody.smms (Mar 30, 2016)

1. In the form, it's asking if sponsor has PR or registration certificate. He has never applied one. So, on EFM form, I chose section 9. Is that right? 

2. Do you recommend him to apply registration certificate at the same time as mine following section 9A?

3. Or filling up 9C? There's some problem in that section. My boyfriend has been studying part time and working before. Then he was involuntarily unemployed. Now he's looking for a new job but still studying. So I was thinking he's a student now. But in the form, should I tick both job seeker and student? He registered as job seeker and starts getting job seeker's benefit this week. Will that affect my application?

So should I fill up both section of student and previously working?


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## melody.smms (Mar 30, 2016)

Hi Joppa,

I'm a bit worried now. Being my boyfriend as job seeker, will it be affecting my EEA EFM application? Will it any chance they can reject?


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## Joppa (Sep 7, 2009)

Best to have a job, minimum 16 hours a week (he can work up to 20 hours as student).
No need to apply for his registration certificate.


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## melody.smms (Mar 30, 2016)

You mean it's better to take some easy part time job for the time being to help with application?


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## Joppa (Sep 7, 2009)

Yes, that's what I said.


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## melody.smms (Mar 30, 2016)

I see. Does he need to earn a specific lavel of salary?


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## Joppa (Sep 7, 2009)

No. Obviously at least the minimum or living wage.


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## melody.smms (Mar 30, 2016)

If we apply under job seeker and part time student to his right, can it be rejected? He was unemployed a month ago.


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## Joppa (Sep 7, 2009)

It's difficult to be approved as jobseeker for exercising treaty right.


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## melody.smms (Mar 30, 2016)

Is it? Even if he's part-time student and involuntarily unemployed a month ago?


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## melody.smms (Mar 30, 2016)

Hi Joppa,

Do you know any email address or phone number that I can do enquiry to homeoffice?


Joppa said:


> It's difficult to be approved as jobseeker for exercising treaty right.


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## melody.smms (Mar 30, 2016)

Hi Joppa

If he's part-time student and jobseeker, do we still need insurance? We need to buy one if needed so how long does the insurance have to be? 1month or 1 year?


melody.smms said:


> Hi Joppa,
> 
> Do you know any email address or phone number that I can do enquiry to homeoffice?


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## Joppa (Sep 7, 2009)

Try https://www.gov.uk/contact-ukvi/european-nationals, but don't treat their advice at face value. They are often wrong.
If he isn't currently in work, comprehensive sickness insurance is needed for both of you, for the entire period he hasn't been in work.


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## melody.smms (Mar 30, 2016)

For the entire period! How can we buy insurance for the period that past? We didn't have insurance last month.


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## Joppa (Sep 7, 2009)

Just buy one now.


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## melody.smms (Mar 30, 2016)

Ok. Hopefully, this won't be a problem 


Joppa said:


> Just buy one now.


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## catling (Apr 9, 2016)

Hi! As an unmarried partner, when you apply for the EEA residence card you are considered as an extended family member, and hence should use the EFM form. 
Hope it helps


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## melody.smms (Mar 30, 2016)

Thanks for your advice 


catling said:


> Hi! As an unmarried partner, when you apply for the EEA residence card you are considered as an extended family member, and hence should use the EFM form.
> Hope it helps


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## melody.smms (Mar 30, 2016)

Hi Joppa,
So as you see on the other thread, I've now received biometric letter and coa. But they didn't include any instructions to do with my appeal for my old student visa application. Rather, they mentioned they cannot proof my working right as I haven't provided my passport. I've written properly that they had my passport. Is that something to worry about? I'm afraid they might be rejecting cos I didn't provide my passport. Should I withdraw my old student visa appeal and get the passport back and sent to them? Then how my working right will be? Cos they mentioned in the letter they won't revise working right till decision and not to make enquiries. Thanks always for your advise.


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## Joppa (Sep 7, 2009)

Not sending in your passport for residence card shouldn't matter, as they may either request it when approved or put your residence card in form of a letter, called immigration status document.


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## melody.smms (Mar 30, 2016)

So do you think I should carry on with old visa appeal as it will give me right to work till November where my 6 month EEA duration will be up in december? Thanks


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## Joppa (Sep 7, 2009)

Yes I think so.


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## melody.smms (Mar 30, 2016)

Hi Joppa,

So now I had left my job as Employer Checking Service came out Not Positive which means immigration or nobody else knows I can work or not. So, do you reckon I should cancel my old student visa application which is still in appeal at the same time with my EEA(EFM)? Is it gonna mean I don't have stay anymore and make Myself illegal as EEA application was done after my old visa expired and my student visa rejection when I am on 3c?


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## melody.smms (Mar 30, 2016)

I called to EEA hotline and the operator said it's not allowed to have 2 applications in U.K at the same time, so he recommended to cancel my old student visa application. I'm just worried home office will pick this up an excuse to refuse my application where I delay the time to become eligible 2 year with my partner using student visa appeal period, which I didn't do intentionally. What do you think of that?


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## melody.smms (Mar 30, 2016)

Hi,

Anybody has any idea if I should withdrew my old visa application?


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## melody.smms (Mar 30, 2016)

Any idea guys? Could nyclon help as well ?


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## melody.smms (Mar 30, 2016)

Thanks so much Joppa for all your advice and help through this tough journey. Now My residence card's approved. I've got back my passport after 3 years held at home office, Only because of you, Can't thank enough to you. Thanks again.


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## melody.smms (Mar 30, 2016)

Hi anybody out there,
Need some advice for this visa I applied for last year. I received the EU family member card as unmarried partner of EU citizen last October. 
But my partner is leaving the country for his studies. And the country he's moving Germany doesn't accept unmarried partner nor has similar visa type. So, informing the changed situation to UKVI will just cancel my visa? Is there any retain right of residence? Will there any other option or the only option is home office will cancel my visa and ask to leave the country?
Looking forward to some advice. 
Thanks


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## Crawford (Jan 23, 2011)

Get married and go with him .....?

If you are not going with him your relationship has ended by the sound of it as has the reason for your visa - unmarried partner of EU citizen.

Yes, I think your visa will be cancelled and you will be asked to leave the country.


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## melody.smms (Mar 30, 2016)

Thanks for your reply. Apparently, we're not ready to get married yet. And finding the alternative to deal with this problem.



Crawford said:


> Get married and go with him .....?
> 
> If you are not going with him your relationship has ended by the sound of it as has the reason for your visa - unmarried partner of EU citizen.
> 
> Yes, I think your visa will be cancelled and you will be asked to leave the country.


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## nyclon (Apr 3, 2011)

Your right to stay in the UK is dependent on your partner remaining in the UK. If your partner leaves, you lose that right. You would have to qualify for a visa on your own.


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## melody.smms (Mar 30, 2016)

Thanks nyclon for the reply.


nyclon said:


> Your right to stay in the UK is dependent on your partner remaining in the UK. If your partner leaves, you lose that right. You would have to qualify for a visa on your own.


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## melody.smms (Mar 30, 2016)

Hi all,

So my situation is changed now. My boyfriend will be moving back in the uk. So, my visa is ok now, I guess. 

But I'm concerning that he was away for one year,(still in Europe though) and I failed to report my change of circumstances during his 1 year abroad. 

Could I be in trouble when crossing immigration border or renewing my visa after 5 years? (I had some bills with his name on my uk address during his time away) 

During these times when he's away, I tried to email to [email protected] for enquiring how to report the change of circumstances. I just got some sort automatic reply only with not appropriate answers.

Will there be any problem? Any idea, guys?



nyclon said:


> Your right to stay in the UK is dependent on your partner remaining in the UK. If your partner leaves, you lose that right. You would have to qualify for a visa on your own.


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## Crawford (Jan 23, 2011)

Your posts are confusing.

In October 2017 you said your boyfriend IS moving to Germany for his studies.

Now, December 2017, you say he has been away for a year and is returning.

Which is it? You are in the UK as unmarried partner of EU citizen.


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## melody.smms (Mar 30, 2016)

My boyfriend moved to Germany in August 2016 a year ago.

I asked question here only in October2017.




Crawford said:


> Your posts are confusing.
> 
> In October 2017 you said your boyfriend IS moving to Germany for his studies.
> 
> ...


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## Crawford (Jan 23, 2011)

melody.smms said:


> My boyfriend moved to Germany in August 2016 a year ago.
> 
> I asked question here only in October2017.


.... and the impression the forum got was that when you wrote in October 2017, that he was just about to move to Germany. Whereas he had already moved in August 2016.

You have been living in the UK under false pretenses under the fraudulent disguise of an unmarried partner.


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## melody.smms (Mar 30, 2016)

At first, he went Germany just for short stay but later on, it happened for him to stay longer. Since then, I tried to email to the home office. They didn't reply the right answer. Any other ppl have any idea on this? It'd really helpful if Joppa or Nyclon can advise me pls. Thanks


Crawford said:


> melody.smms said:
> 
> 
> > My boyfriend moved to Germany in August 2016 a year ago.
> ...


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