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ICS Legal-family permit unmarried

EEA Family Permit (unmarried partners and same-sex partners)

People who are able to demonstrate they have been living in a relationship akin to marriage with an EU citizen for the most recent two years may be eligible to apply for an EEA Family Permit on this basis.  Dependent children can also be included in any such applications. If you are not yet in the UK, you should apply for entry clearance through the British authorities in your home country before traveling to the UK.

If you would like help on applying for this EU family permit as an unmarried partner, please click here to complete the visa assessment form or call us on 0207 237 3388 to get some initial legal advice. 

Regulation 8 defines an extended family member as a person who is not a family member of an EEA national under regulation 7(1)(a), (b) or (c) and who is the partner of an EEA national, other than a civil partner, who can prove they are in a durable relationship with the EEA national. A durable relationship is an unmarried partner. 

If you are a British national, then you may not be allowed to apply under this category for your partner to be directed to the partner of a British national page. 

EEA Family Permit Requirements (for non-EU citizens in the UK)

The EU citizen must be exercising their Treaty rights in the UK (employment, self-employment, study, self-sufficient, etc). The couple must be able to show documentary evidence of cohabitation in the most recent two years. 

If the EU partner does not hold a current Residence Permit a joint application would be made to the Home Office for a Residency Permit (for the EU spouse/partner) and an EEA Family Permit (for the non-EU partner).

Conditions of the Permit

Under regulation 7(3), a person who enters with an EEA family permit issued as an extended family member only has a right to reside in the UK on this basis while the EEA family permit is valid (six months). 

An EEA Family Permit would allow unrestricted employment in the UK for the duration. The visa is valid for 6 months and you must apply for an EU Residence Card prior to the visa expires. To read more information on the EU Residence Card. 

EEA Nationals and Permanent Residence

EEA nationals who wish to apply for British Nationality will first need to apply for a document confirming they are free from immigration time restrictions and present this document as part of the application for nationality. EEA nationals will have acquired permanent residence under the EEA regulations 2006 on the basis of 5 years continuous years residence in the UK will need to show they have completed a further 12 months of residence in the UK free of immigration time restrictions when applying for British Nationality.

More details on how to acquire permanent residency can be found by clicking here. 


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