EEA-EFM Application - NZ applicant and Irish partner in UK



  • Hi all,

    I would really appreciate some advice on my situation.

    I am an Irish citizen living in the UK and my partner is from NZ and has been living here with me on a Tier-5 Youth Mobility Visa.
    This visa is expiring soon and we have applied for the EEA EFM residence permit for him - we applied in February so are hopping to hear before the end of August.

    However, his current visa runs out in May and in the interim before we get a decision, he has no work rights (he has a permanent job so will have to lose that unfortunately).

    We are wondering the following:

    a) could we get married while he is here without a current/valid visa, but has a CoA for his residence permit as it is in process?
    b) if we got married, could we cancel our application and submit a new application as a married partner?
    c) if we did this could my partner work and travel during the application process as a married partner, as this is not allowed during the unmarried partner route.

    If anyone has experience a similar problem or has any advice, it would be greatly appreciated.

    Thanks.


  • Immigration Adviser

    Hi @Ruth1987

    You are able to get married while you are waiting for a decision for the residence permit. There would be no need to cancel or vary the application for an unmarried EEA residence card. If you really wanted to change the permit to a married partner EEA residence card then it may be better to wait until it is granted and then make a new application if need be. This will save any unnecessary delays and there would be no benefit to this.

    Your partner could work during this process if he applied for a direct family member (married partner)residence card however please note that this would be at the discretion of the employer as they may request evidence of a right to work in the UK during this time. He would not be able to travel as the Home Office would need to keep his passport for the application.

    Many thanks,


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