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I will make my story simple. I am overstay more than a month and I am in relationship with my Italian partner around 15 months. we know each other from more than 15 months but we start our relationship around 15 months. She recently move into my place and we have just couple of weeks relationship evidence for example (her bank statement on my address , and her change of address from her company). but we do have joint account bank statement of 5 months and lods of photographs and witnesses statements from friends and work mates. the only reason we dint move together was ( her home was 10 mins walk from my place and we were looking for flat we dint want to move in sharing place) but now we realise that we don,t have other choice so she decided to move with me.

my questions are:
could my eea2 application be successful on these evidences.
if it is refused by any chance we could go for appeal

I am so stressed , really dont know what to do.
We went to one of the solicitor and he mentioned us that we can still apply eea2 on the basis of durable relationship.

Urgent help needed if someone has the same situation.
thanks indeed

Hello,

Sorry to be the bringer of bad news, but I don't think you would qualify as a durable partner.

From chapter 5 of the European CaseWorker Instructions:

Durable Partners

The following conditions should normally be satisfied:

The parties have been living together in a relationship akin to marriage which
has subsisted for two years or more.

The parties intend to live together permanently.

The parties are not involved in a consanguineous relationship with one
another (i.e. they are not blood relatives who would not be allowed to marry
as this would constitute incest).

Any previous marriage (or similar relationship) by either party has
permanently broken down.

Since you're only in a relationship for 15 months, and living together for much less than that, you wouldn't fulfill the requisites.

thanks for your reply. at least i am clear a bit my solicitor is saying that if we go in appeal and court it could be helpful

Personally, i would an application forward.
if your solicitor is competent enough, he/she would put a cover letter with the application explaining your situation. once the application is submitted, you will either:
1- get lucky and approved with the RC ( might be invited to an interview as you are an over-stayer. you can then prove the authenticity of your relation)
2- refusal ( not sure if appeal is permitted for durable relationship applications or not). lets say yes, then appeal normally takes 3-4 months plus the time of considering your application; then you will be over 24 months and then the court might allow it and you will be issued with a RC.

it is a lucky dip but after all you have nothing to lose.
p.s, home office is more likely going to hold your passport in case of refusal as a standard procedure from their end;. so be aware.

Good luck

SouthWest1 wrote:Personally, i would an application forward.
if your solicitor is competent enough, he/she would put a cover letter with the application explaining your situation. once the application is submitted, you will either:
1- get lucky and approved with the RC ( might be invited to an interview as you are an over-stayer. you can then prove the authenticity of your relation)
2- refusal ( not sure if appeal is permitted for durable relationship applications or not). lets say yes, then appeal normally takes 3-4 months plus the time of considering your application; then you will be over 24 months and then the court might allow it and you will be issued with a RC.

it is a lucky dip but after all you have nothing to lose.
p.s, home office is more likely going to hold your passport in case of refusal as a standard procedure from their end;. so be aware.

Good luck

thanks for reply, yes my solicitor will put a cover letter and explaining my situation because I have been in process of appeal already and it takes me more than year. and my passport is in home office they did not send me back after my first refusal of entrepreneur visa. At the moment I have two options either go for JR related to my first case or apply eea2 with my GF.

stressful situation , my solicitor mentioned me that If they do not give me right of appeal for eea2, we can ask for right of appeal or we can go for JR or we can reapply.

stressful situation

Hello again guys,
my eea2 is refused because of not giving proofs of 2 years, but they gave me the right of appeal. Don,t know what to do reapply or appeal? If I appeal my only concern is what the judge decide because our relationship is not 2 years but we are genuine couple though.

Mani1986 wrote:Hello again guys,
my eea2 is refused because of not giving proofs of 2 years, but they gave me the right of appeal. Don,t know what to do reapply or appeal? If I appeal my only concern is what the judge decide because our relationship is not 2 years but we are genuine couple though.

I am sorry to say that as per requirement you have to proof at least two years to qualify the RC.
I don't think so that appeal is a good idea or reapply.
EU regulations are clear on this matter and HO or court will never by pass the regulations.
If you re apply then there will be no change as you don't have 2 years proof,but re apply again and again on the same basis will arise negative tags on your file.

Imshzd wrote:

Mani1986 wrote:Hello again guys,
my eea2 is refused because of not giving proofs of 2 years, but they gave me the right of appeal. Don,t know what to do reapply or appeal? If I appeal my only concern is what the judge decide because our relationship is not 2 years but we are genuine couple though.

I am sorry to say that as per requirement you have to proof at least two years to qualify the RC.
I don't think so that appeal is a good idea or reapply.
EU regulations are clear on this matter and HO or court will never by pass the regulations.
If you re apply then there will be no change as you don't have 2 years proof,but re apply again and again on the same basis will arise negative tags on your file.

Thanks Imshzd
its just because my solicitor is giving me a good hope and i really don,t trust them because I already have bad experiences. according to my SOLICITOR, if we are genuine couple my appeal could be allowed. because 2 years is home office requirement not the law. I really don,t know what to do. seriously fedup

Solicitors are sitting in their shops,and you was a costumer,he did well marketing and you paid it.
I always advice to all members that law is written on the home office website so don't waste your money and before sending your application,just read the requirements on the home office web site.
Solicitors not get any hidden advice from HO.they also get information from the HO website.
HO always try to make application simple and easy and always provide a guided notice,these guided notes are good enough for any application.

I am a critic of many UK lawyer, but on this occassion, they seem to be spot on. And if they pursue your case with vigor, then I see no reason why your appeal should not be allowed.

A new application should not have been made in April, and appeal should have been pursued instead.

The following ingredients can take a normal person to such level that he/she does not need any lawyer unless the case is exceptionally complicated:
1. Average literate to English
2. Average literate to computer
3. Read the relevant UKBA prescribed form and its guideline
4. Read immigration board.com regularly especially check members experiences
5. Ask query and collect members opinion & replies.

I seen a lot people who even enhance their lawyer knowledge even while being their client. That board is million times better than many lawyers where we get speedy answers without paying any consultation fee.

The 2 year requirement is only Home Office policy and not EU law which doesn't define it. Member States can be lenient if they want to be such as Bulgaria for example who allows automatic entry to unmarried non-EU partners of EU citizens. This UK judge in Upper Tribunal ruled that the Cameroon partner of a French national, who had been in a relationship for 15 months and co-habiting 6 months by the date of his second appeal (bearing in mind the EEA2 application would have been submitted months earlier), was indeed an 'extended family member' based on the circumstances of this couple. Thus the 2 year co-habiting rule isn't set in stone, at least not in appeal Tribunals.

Someone should kindly correct my interpretation, I welcome the judgment of the UTT, in my view it is the type that one could describe as being generous , since member states aren't bound by the directive to recognise durable relationship except it is already enshrined in their own national law.

Germany doesn't recognise durable partners in thier national law, so an EU citizen's partner may not make a successful claim based in the durability of his or her relationship to the EU citizen. Is there anything specific in EU law which addresses the matter? I would like to know.

Yes in this type of case it is always a good idea to appeal, which will stall any enforcement action in the interim thereby giving more time in-country to evidence the durable relationship. It is the position at the date of the appeal hearing that is crucial and not the position at the date of application, or the date of the Home Office refusal decision.

Durable relationship seems a stumbling block for so many on this forum. We know from what the gurus say that the two years is not written into the directive but its still something that applications get turned down on.
My girl recently applied for a visa from the Irish embassy in London and they refuse to process it because we cant prove cohabitation for at least two years. No chance to appeal because its not been processed so its not been refused.

The Irish state recognise cohabitation, http://www.welfare.ie/en/Pages/Cohabitation.aspx , and from the 2011 census 8.4% of couples living together are not married, thats 117,000 couples. Its likely that a large number of them wont have been together for more than two years but they can still claim housing benefit or welfare based on them being a couple. So by demanding a couple applying for a visa must be cohabitating for more than two years the Irish state has one rule for its own citizen and another for others, this is discrimination.

Similarly the UK allow a couple living together to claim housing benefit even though they dont have to prove two years cohabitation, so likewise they are discriminating.

Hello,
Could you please advice. I've been married to EEA national for more then 3 years and got divorce just now in May. I'm planning to apply for my RC.. As I was collecting all the papers it's bit confusing to know that exactly to send and how many...do I have to send all 3 year bank statement mines and his as well. I don't have many bills on our names only couple of them and mostly they are photocopies will they do? As well he is a self employed and has few invoices do I need to send all of them as he has them issued on weekly basis?
I'd really appreciate your advice on this matter.
Thanks

Hello everyone
I am so happy to inform you guys that I have been granted for my Resident Card (RC) on less than 2 years proofs. HO refused me with right of appeal , and in hearing we proof that we are geniune couple even less than 2 years cohabitation. So 2 years cohabitation is def not necessary if you are genuine couple. I am so relieved and happy

Congratulations, glad you won through in the end.

rosebead wrote:Congratulations, glad you won through in the end.

Thanks alot rosebead.

Well done, solicitor's advice turned out to be spot on!