[Airshow]

Hey guys,

I'm in the process of employing a solicitor to help me get a European Residency Card to allow me to continue living and working in the UK upon the completion of my Youth Mobility Scheme (Tier 5) Visa.

Some info about us:
- Have been in a relationship for nearly 5 years
- Have lived together for about three and a half years - most recently together in the UK for a year and a half
- I'm in full time employment in the UK and she is working part-time having had only just graduated.
- I've lived in the UK for a year and a half, she has lived here for three.
- Our relationship is durable and genuine with plenty of evidence in the form of communication and pictures - but not a lot in terms of joint accounts. Our current tenancy is together though

I initially believed that I would be ineligible (having had not lived together for two consecutive years) but my visa solicitor has informed me that they are working me through a European Residency Permit rather than a UK Residency Permit and that the expectations are different.

I would love to have the opportunity to speak to anyone available about my circumstances and to ensure that I am doing everything correctly - we have not yet filed my application but my solicitor reassures me that I will retain my right to remain and work as the visa is processing. Assuming that the current estimates of wait times are accurate, I'd be expecting to receive my residency card around about January (my Tier 5 visa expires Christmas Day this year) but I'm told that this won't be an issue.

Does it sound like I have a reasonable likelihood of being able to remain? On top of all that, if I am in the UK on a European Residency Card can we expect all this to end up being null and void once Brexit comes into force?

Thanks for your help - I really appreciate it.

 

[Airshow]

Also - if anyone needs more information please let me know! I love it in this country and have a great life here. I want to stay.

 

[nyclon]

Is your partner British?

 

[Airshow]

Is your partner British?

I knew I'd forgotten something obvious! No - she is German.

 

[Joppa]

As things stand (Brexit will almost certainly change everything), unmarried partner is regarded as extended family member and needs to be in a durable relationship, usually meaning continuous cohabitation for 2 years. Or just get married. EEA law only legislates about married couples. Definition of unmarried couples are left to member states to decide, and UK has applied the same criteria of 2-year cohabitation for those under EEA regulation as well as UK immigration rules. You may get approved for less than 2 years, but I wouldn't count on it, as Home Office is hardly likely to make things easy while Brexit talks are under way.

How your situation will change after Brexit is anyone's guess. Even if you get married, and obtain residence card under EEA rules, Brexit can mean you still need to get authorisation from Home Office to remain in UK. What that entails, and what conditions are attached, are unknown. It's possible that you may need to meet the same or similar financial requirement as under the family route (£18,600 etc). You just need to wait and see.

 

[Airshow]

As things stand (Brexit will almost certainly change everything), unmarried partner is regarded as extended family member and needs to be in a durable relationship, usually meaning continuous cohabitation for 2 years. Or just get married. EEA law only legislates about married couples. Definition of unmarried couples are left to member states to decide, and UK has applied the same criteria of 2-year cohabitation for those under EEA regulation as well as UK immigration rules. You may get approved for less than 2 years, but I wouldn't count on it, as Home Office is hardly likely to make things easy while Brexit talks are under way.

How your situation will change after Brexit is anyone's guess. Even if you get married, and obtain residence card under EEA rules, Brexit can mean you still need to get authorisation from Home Office to remain in UK. What that entails, and what conditions are attached, are unknown. It's possible that you may need to meet the same or similar financial requirement as under the family route (£18,600 etc). You just need to wait and see.

Thank you for your reply. I'm assuming that the cohabitation has to be continuous? In entirety it has been in excess of three years - but in the most recent stint has only been a year and a half - the only issue being that if I were to wait until it was two years exactly would be the day my visa expires!

My visa solicitor seems extremely confident that the two years won't be significant in my case - Would it be taken in good regard if I am gainfully employed and self-sufficient in excess of that financial requirement that you've described?

 

[Joppa]

Maybe, but I can't imagine Home Office to be in a generous mood when Brexit - and taking control of EU migration - is in the offing. Rather I'd expect them to stick to the letter of the law.
Why don't you get married?

 

[Airshow]

Maybe, but I can't imagine Home Office to be in a generous mood when Brexit - and taking control of EU migration - is in the offing. Rather I'd expect them to stick to the letter of the law.
Why don't you get married?

Alright - thank you for your advice.

When it comes to supporting documents - would things indicating international travel to be with one another be useful? Flight details, et cetera.

It's incredible to me that its so difficult for Commonwealth citizens to remain.

Other than marriage, is there anything I can do to improve my chances?

 

[nyclon]

Alright - thank you for your advice.

When it comes to supporting documents - would things indicating international travel to be with one another be useful? Flight details, et cetera.

It's incredible to me that its so difficult for Commonwealth citizens to remain.

Other than marriage, is there anything I can do to improve my chances?

When applying as an unmarried partner the most important thing is to prove that you've been living together in a relationship akin to marriage continuously for the last 2 years. Travelling together doesn't prove that you live together. If you can't meet that brief than as Joppa said, marriage is your best option.

 

[Airshow]

When applying as an unmarried partner the most important thing is to prove that you've been living together in a relationship akin to marriage continuously for the last 2 years. Travelling together doesn't prove that you live together. If you can't meet that brief than as Joppa said, marriage is your best option.

Thank you for the reply - very enlightening. I will keep exploring my options!

 

[Joppa]

Nowadays being in the Commonwealth has few if any advantages. The only thing I can think of is UK Ancestry which allows you to live and work in UK for 5 years, for which you require a Commonwealth citizenship and a grandparent born in UK, i.e. England, Wales, Scotland and Northern Ireland (or in the Irish Republic prior to 31st March 1922), plus Channel Islands and Isle of Man.
I don't think being British confers more than a few rights in Australia.

 

[Airshow]

Nowadays being in the Commonwealth has few if any advantages. The only thing I can think of is UK Ancestry which allows you to live and work in UK for 5 years, for which you require a Commonwealth citizenship and a grandparent born in UK, i.e. England, Wales, Scotland and Northern Ireland (or in the Irish Republic prior to 31st March 1922), plus Channel Islands and Isle of Man.
I don't think being British confers more than a few rights in Australia.

Which is a crying shame - considering the fundamental compatibility of our culture and shared history!

 

[Joppa]

History means little and present political reality a lot more.