I am a dual citizen or Ireland and Australia. My same sex partner from Australia and I travelled to the UK on 11 December 2014, with the intention of having a holiday and then looking for work. He applied for and was issued with a EEA family permit for 6 Months. As it turns out, we arrived and left 8 days later - travelling to other parts of Europe and then through Asia. We visited the UK for 1 day on 20-21 April and then went to Denmark/Portugal/Italy/Austria before arriving back in the UK on 25 May. The 6 month permit is about to expire and we have only just arrived back in the UK. I have been applying for jobs online and through recruitment agencies but neither of us are currently employed. We have the means to support ourselves for the next 6 months in the UK and we have comprehensive travel insurance. I am a qualified employment lawyer and my partner is a radio producer with experience in PR too. As I am still only a jobseeker and not yet employed I wonder whether I should apply for a registration certificate and he apply for a residence card - or if it is better for us to leave the UK before the permit expires and to apply for another family permit which would then last 6 months.
As my partner and I are unmarried he is considered to be an extended family member. According to the Home Office guidance for EEA extended family members do not have an automatic right of entry or residence.
"Rights of an extended family member
Extended family members do not have automatic rights to enter and reside in the UK. Under regulation 7(3) of the regulations, an extended family member has the same rights as a direct family member, providing they continue to satisfy the conditions of regulation 8 and they have been issued with:
an EEA family permit
a registration certificate, or
a residence card.
The above documents must remain valid and not have been revoked.
The conditions the person must meet to be considered a family member are set out in regulation 8."
Therefore, I believe that any period I remain in the looking for work UK after the date my family permit expires would be unlawful.
I also wonder what date they consider to be the date we first started looking for work, as we applied for the initial visa on the basis that we intended to look for work in December last year, however, we have only just arrived back to look for work now.
Thank you, ***** ***** a section of the regulations or a case you could provide which refers to the rule about the time the clock starts ticking?