EEA FP unmarried partner

[Jorge08]

Hello,

I'm non eea national living here in Spain. I entered Spain through Schengen visa. got a EEA national partner. We are both living together here in Madrid for more than 2 yrs . Now my schengen visa was already expired and obviously I am overstayed now. We want to work and stay permanently in UK.we have a proof that we are in durable relationship like empadronamiento(residence certificate), joint account, itinerary travel ticket both names, pictures, etc, I have read from the UKBA site that in applying EEA FP, you dont have to be lawfully resident in any country of your application. My question is:

1. Is it ok to apply EEA FP unmarried partner even though I am overstayed here in Spain?

I need your help please!

[porsche]

I believe you do not need to be present in person to submit the application, and you can also provide power of attorney. The point is that nobody knows that you overstayed your visa until you leave the country and they catch you. And someone else whom you authorise can take care of the application, so they won't know your status at the time of making the decision about your application.

[Jorge08]

Thanks for your reply.

But I need to submit my passport and they will gonna see my Schengen visa that affixed to my passport and it's not valid anymore.

I have read from their UKBA website that you dont have to be lawfully resident when applying EEA family permit. And one thing more if I can get an EEA FP, at the airport do you think they will not gonna trace that I overstay?

Where can I get that Power of Attorney here in Spain?

[porsche]

The "lawfully resident when applying EEA family permit" means that you can apply while being in your home country. It does not mean that you can apply while staying here illegally.

But hey, I read your post again. You are currently in Spain, and you intend to live in the UK, right? You want to submit your application at the UK embassy in Spain, correct? If yes, what about travelling to your home country first and then submitting your application from there? If you get back to your home country without getting caught for overstaying Schengen visa, you would be applying for EEA having a legal status, the Schengen visa would not be an issue anymore.

Also, have you checked if applying online is an option for you? (nationals of some countries are eligible to apply the VAF5 application for EEA FP online)

Remember that the EEA national does not need to be present when you make your application, but she must be travelling to the UK with you, or must already be in the UK.

[Jorge08]

Ok thanks a lot porsche.

[porsche]

You are welcome. Let us know how your experience with how the application went, if everything was ok.

[Jorge08]

Got eea family permit approved! So obviously wether you are overstayer, illegal, or whatever your immigration status in the past you have still the right to enter Uk as long as you are a family member of an eea national!

[porsche]

Great news. Congratulations.