Switching to Unmarried Partner - Update

Hello,  I sincerely apologize for the double post, however, I have a case that I must act on immediately (my status is up in a couple weeks) and I felt people here might have advice.

Myself: US citizen, entered UK in September 2008 as tourist
Girlfriend: Polish citizen, studying full-time in UK since October 2008
Relationship Timeline: 1 year+8 months (US), 3 months (Poland), 5 months (UK)
Current Location: UK

I would like to find an option for my girlfriend and I to stay together in the UK.  After meeting with Immigration Advisory Service (IAS) in London in October 2008, the advisor told us that my girlfriend should get employment and I should apply as unmarried partner in durable relationship with EEA national using the EEA2 application.  In addition, we should submit it together with the EEA1 application for her because it would help support the application.

My girlfriend was just able to secure employment and we have prepared leases, letters from friends with passport copies, letter of employment, bank statements, photos to send with application this week.  She is at her National Insurance appointment as we speak.  I did some research and found out conflicting information to IAS advice that, as a Polish national, she cannot apply for EEA1 registration certificate without 12 months continuous employment, nor can I apply as partner of Polish national with a EEA2 residence card application.  Instead, it seems I need to utilize the Family Member Residence Stamp (FMRS) app.

I need to apply this week, as my 6 months as a tourist will be up in beginning of March. What is my most appropriate option?:
1. Should I go ahead with IAS advice and try to send EEA1 and EEA2 apps? If so, would it help if I indicate she is exercising treaty rights as BOTH student and worker?
2. Should I send instead the FMRS app?  If so, we do not have time to wait for Worker Registration Scheme (WRS) app to come back.  Should we just send FMRS app and notify them that we will apply for WRS when she gets her National Insurance card?
3. OR, is my only option to go back to United States and apply for Family Permit from there?


Thanks to all who can help!  Vicky, I was told you could be my saving grace!

I think this is already being dicussed in a different thread!

Vicky

News flash!

Email from UKBA's Assistant Director, Marriage, Family & Applications Operational Policy.  This email says in part...


Following an investigation into whether there was a reason for this wording of para 295D we recommended that the policy be amended and we now have agreement to do this. The new policy is that we will operate a concession to the rule allowing those with leave to enter (for more than 6 months) to switch into the unmarried partner category, mirroring the requirements of the marriage rules. This will be operating as a concession at the moment but with a view to changing the immigration rules at the next opportunity. This is likely to be June 2009 (you may know that we now coordinate our rules changes across the Agency so that only 3 sets of changes to the rules take place each year, the next set of changes are scheduled for June). An instruction to caseworkers has been drafted and will be issued next week. In the interim the Chief Caseworkers have been advised of the change to the policy.

Getting this sorted out was a Vicky & Garry undertaking.  But hat's off to Vicky who originally spotted the problem and stayed on the case until the right people got involved and started dragging out the big guns. 

This is a public thank-you to Vicky...     Take a bow, sweetheart!
 

Big thanks to you Vicky!

*curtsies*

 


Vicky

Any news if anyone received his/her visa from leave to enter to further leave to remain?

I've been waiting for almost 12 weeks now.

14-20 weeks is standard right now.


Vicky

great, thanks.
Will let you know if mine turns up in the long run.

Just letting everyone know that I just got our passports and documents back with a cover letter stating that I should receive the Identity Card for Foreign Nationals within 7 days.

Vicky, this means it's approved right?  I don't want to overly rejoice yet until I actually get the ICFN.

In the meantime, I can start making travel plans again.  Woohoo!

For the benefit of those who are not familiar, I applied for FLR (M) while being a work permit holder.  Application was received by Home Office on 30th of December.  I was scheduled for Biometrics in February (2nd week).

Not to steal Vicky's thunder, but yes, you are approved.  Realise that you cannot travel outside of the UK without your idenity card, so make sure you don't plan to leave in the next 7 days! 

Indeed.

And if this is only just approved from an application made in December, it supports my theory that switching from an employment category to spouse is taking longer than the 14 weeks.


Vicky

Thanks guys.
Much appreciated!

Hi guys, I too am new to the forum and wondering whether or not anyone could help me out or give me some advice on my situation: I'm currently trying to get back into the UK (I'm in the US at the moment) to be with my boyfriend of over two years who is in the British Army. Obviously we have not been able to live together due to his training at Sandhurst and my inability to live with him on base. Anyone know if the UK makes any exceptions for this situation?

It would be best to post this on a new thread so it gets noticed, but no you can't live in the UK as just someone's girl friend. 

You will need to either get married, get engaged and get married within 6 months, get a work permit, or get a student visa. 

Thanks - I thought so. I'll go ahead and post this on a new thread, just incase someone has any tips or additional advice.