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ESC
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The parties having been living together in a relationship akin to marriage which has subsisted for two years or more
"Living together", should be applied fairly tightly, in that we would expect a couple to show evidence of cohabitation in the preceding 2 year period. Periods apart would be acceptable for good reasons, such as work commitments, or looking after a relative which takes one partner away for up to 6 months where it was not possible for the other partner to accompany and it can be seen that the relationship continued throughout that period by visits, letters etc. Where a couple have been living together for the preceding 2-year period but have been dividing their time between countries and may, for example, have used the "visitor" category, then this will be sufficient to meet the requirement.
"Akin to marriage", is a relationship that is similar in its nature to a marriage which would include both common law and same sex relationships.
In order to demonstrate a 2-year relationship evidence of cohabitation will be needed. In order to show a relationship akin to marriage, ECOs should look for evidence of a committed relationship. The following types of evidence would be useful in this respect:
* joint commitments, (such as joint bank accounts, investments, rent agreements, mortgage, death benefit etc);
* if there are children of the relationship, a record of their birth entry
* correspondence which links them to the same address;
* any official records of their address (e.g. Doctors records, DSS record, national insurance record etc);
* any other evidence that adequately demonstrates their commitment to each other
It will not be necessary to provide all of the above: ECOs are looking for satisfactory evidence of relationship.
I'm just going to say .... rubbish! Very few people in a relationship .... marriage or akin to marriage ... would be able to produce evidence 10 inches thick!most couples who apply under this section produce a file at least 10 inches thick!!