Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Non Spouse EEA Residence Card REFUSAL

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

Moderators: Casa, push, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe

Post Reply
Sofianehamai
Newly Registered
Posts: 5
Joined: Wed Dec 05, 2018 7:13 am
Mood:

Non Spouse EEA Residence Card REFUSAL

Post by Sofianehamai » Wed Dec 05, 2018 9:25 pm

Hi everyone,

Help help & help please!

The home office has refused my application for what I can only explain as “nitpicking”

I have a daughter who is 4 from a previous relationship and I’ve been with my girlfriend for over 2 years now. My partner is a Malaysian nationalty and came to England to study interior architect where she graduated from Middlesex university August 2018 and since she was studying in Middlesex and Lived in Oxfordshire it made logistic sense for her to stay in London for the duration of her study. We meet almost every weekends, spent holidays together and went on holidays around the UK and Europe to France and Portugal in the past 2 years where have booked several acomadation and loads of pictures. Because we had planes for the long term relationship I decided I wanted to save money to buy a bigger house so we can have enough space for the 3 of us so I moved back with my mun and in April 2018 I bought a house and I moved in my new house . My partner didn’t move in with me until July when she had officially finished and graduated but still had her London flat until August as this was when her tenancy agreement finished. Further more my daughter has groun a a very special bond with my partner as my partner as supported me and my daughter and basically she has loved her like her own during difficult times like when my daughter had chickenpox, My partner would wake up with me to help apply products and would prepair a healthy meal for my daughter on a daily basis and help with pick up and drop off at the nursery.

Evidence provided to home office.
*50+ Pictures on holiday and at family events with my daughter (like Christmas and family wedding).
*Our individual bank statements, utility bill council tax etc...
*Whatsapp, messenger, Facebook and Instagram post.
*Confirmation of flights booking and hotels etc...
*100+ train tickets from London to Oxford over the past 2 years.

The reason of rejection was.
The evidence of cohabitation is very recent.
No evidence of joint finances/ commitment/ responsibility.
The photographs provided are inadequate as evidence of a subsistence durable relationship.

My solicitor has advised that I re-apply adding further evidence and pointing out all the points why they have rejected...

Any advise is much welcome.

User avatar
CR001
Moderator
Posts: 50378
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Non Spouse EEA Residence Card REFUSAL

Post by CR001 » Wed Dec 05, 2018 9:41 pm

It is not 'nitpicking'. To apply as unmarried partners, HO expects to see solid evidence of 2 years cohabitation in a 'relationship akin to marriage'. The way HO will see your relationship, is simply as 'boyfriend/girlfriend'.

Presumably you are only an EU (non British) citizen??
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Sofianehamai
Newly Registered
Posts: 5
Joined: Wed Dec 05, 2018 7:13 am
Mood:

Re: Non Spouse EEA Residence Card REFUSAL

Post by Sofianehamai » Wed Dec 05, 2018 10:07 pm

Hi,

I really appreciate your reply as this gives me new perspective and better understanding what the HO are lining for in this application.

I am a French citizen and do not hold any other nationality. I was born in the UK and never though of applying for a British citizenship until recently with the current uncertaincy of Brexit I have recently applied for a permant residency that was successful and in hope to apply in the near future for British citizenship.

Sofianehamai
Newly Registered
Posts: 5
Joined: Wed Dec 05, 2018 7:13 am
Mood:

Re: Non Spouse EEA Residence Card REFUSAL

Post by Sofianehamai » Wed Dec 05, 2018 10:10 pm

What other evidence can I provide to prove we are in a relationship keen to marriage?

User avatar
CR001
Moderator
Posts: 50378
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Non Spouse EEA Residence Card REFUSAL

Post by CR001 » Wed Dec 05, 2018 10:23 pm

Sofianehamai wrote:
Wed Dec 05, 2018 10:10 pm
What other evidence can I provide to prove we are in a relationship keen to marriage?
If you have not lived together for 24 months, then there isn't any. HO expect to see tenancy agreements or property documents, utility bills, council tax, joint financial committments and evidence, anything addressed to both of you at the same address where you have lived for the required time.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

secret.simon
Moderator
Posts: 6187
Joined: Thu Feb 21, 2013 9:29 pm

Re: Non Spouse EEA Residence Card REFUSAL

Post by secret.simon » Wed Dec 05, 2018 11:23 pm

The crucial thing is not being in a relationship, it is to prove that you are in a relationship "akin to marriage". That means joint financial commitments. Is your partner named on your (council tax, telephone, etc) bills and do you have joint bank statements, mortgages, tenancy agreements, etc for at least two years?

Alternatively, if you marry or have a civil partnership (or if you are a same-sex couple, a French PACS), her right to reside in the UK will stem from that marriage/civil partnership (a same-sex French PACS is considered the equivalent of a same-sex civil partnership) and will be automatic and immediate.
Sofianehamai wrote:
Wed Dec 05, 2018 10:07 pm
I was born in the UK
Were you born in the UK before or after 1983? Was either parent of yours a British citizen at the time of your birth?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Sofianehamai
Newly Registered
Posts: 5
Joined: Wed Dec 05, 2018 7:13 am
Mood:

Re: Non Spouse EEA Residence Card REFUSAL

Post by Sofianehamai » Thu Dec 06, 2018 7:40 am

In regards to the French PACS we have left it too late as my partner student visa has expired in October and it would take weeks if not months for that to come back and use that as further evidence. We now want to get married but how long can we wait before applying with the mariage documents as a spouse EEA resident card?

My partner is on all household bills and council tax, mortgage is on my sole name and it’s all since July 2018.

I am born after 83 and at the time of birth my parents was not Btitish citizen and did not have any form of leave to remain...

secret.simon
Moderator
Posts: 6187
Joined: Thu Feb 21, 2013 9:29 pm

Re: Non Spouse EEA Residence Card REFUSAL

Post by secret.simon » Thu Dec 06, 2018 3:07 pm

Sofianehamai wrote:
Thu Dec 06, 2018 7:40 am
my partner student visa has expired in October
That is really bad and may cause issues.

If you plan to marry, as one of the parties (in this case, both) to the marriage is a non-British citizen, the Registrar is required to notify the Home Office, who can extend the notice period from 28 to 70 days. They can also interview you and your partner separately and as your partner is illegally in the UK before marriage, they may take further action.

I would say that the best bet is for her to go with you to France (though I do not know whether she has visa-free access to the Schengen Zone) and you get married/PACS over there. Denmark is also another popular marriage option, the Gretna Green of teh Schengen Zone, according to some on these forums.

In any case, her present illegal residence will be taken into account in any future application under UK law, such as for naturalisation. She will be ineligible to become a British citizen for at least ten years after when she becomes legal.
Sofianehamai wrote:
Thu Dec 06, 2018 7:40 am
In regards to the French PACS we have left it too late as my partner student visa has expired in October and it would take weeks if not months for that to come back and use that as further evidence. We now want to get married but how long can we wait before applying with the mariage documents as a spouse EEA resident card?
If you are PACSed (only in case of same-sex couples)/married, her right to reside in the UK will flow from the PACS/marriage itself and she can apply for a Residence Card immediately after returning to the UK.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

wiss2wiss
Newly Registered
Posts: 3
Joined: Thu Dec 06, 2018 2:34 pm
Mood:
Thailand

Re: Non Spouse EEA Residence Card REFUSAL

Post by wiss2wiss » Thu Dec 06, 2018 4:10 pm

Sofianehamai wrote:
Thu Dec 06, 2018 7:40 am
In regards to the French PACS we have left it too late as my partner student visa has expired in October and it would take weeks if not months for that to come back and use that as further evidence. We now want to get married but how long can we wait before applying with the mariage documents as a spouse EEA resident card?

My partner is on all household bills and council tax, mortgage is on my sole name and it’s all since July 2018.

I am born after 83 and at the time of birth my parents was not Btitish citizen and did not have any form of leave to remain...
I understand that once you are married, you just need to prove that your relationship is genuine (instead of cohabitation). I recommend you to have a proper wedding either in France or her home country. This should give more weight to your case (that your marriage/wedding is not of convenience). Then your new app will be trying to prove that your relationship has started for more than 2 years.

Let's say if the above is not working (e.g. the HO still think it is a marriage of C... You may consider to relocate to her home country for like 1-2 years. I understand that you have a young daughter, but I think she can get a decent pre school in that country while both you and your partner work. But this is just one alternative.

I met my wife here in the Uk while we were studying in the uni.Then we decided to stay in my country for a couple of years (because we did not want to just get married for my visa). We have recently moved to the UK (after the wedding).

wiss2wiss
Newly Registered
Posts: 3
Joined: Thu Dec 06, 2018 2:34 pm
Mood:
Thailand

Re: Non Spouse EEA Residence Card REFUSAL

Post by wiss2wiss » Thu Dec 06, 2018 5:01 pm

I need to add since I now understand that your partner has already overstayed her student visa.

I think you might want to consider relocating to her home country for a few years, e.g. 1.5-2, and try to apply again with solid documents + marriage.

Edit: I am also worried that she might be deported if you try to get married in the UK after her visa has expired. And getting deported is a very big red flag for all immigration things... It might be better if she leaves the country as soon as possible. I might be wrong though so please verify this with your solicitor or other people in this board.

Sofianehamai
Newly Registered
Posts: 5
Joined: Wed Dec 05, 2018 7:13 am
Mood:

Re: Non Spouse EEA Residence Card REFUSAL

Post by Sofianehamai » Fri Dec 07, 2018 9:38 am

At the time of my partners application her visa had not expired, so on that basis I believe it’s fine as long as we act with in the next 2 to 3 weeks. I believe our best shot is to reapply adding further evidence and while addressing the refusal points. Also EU law state that you only need 6 month cohabitation so I hope that would help our case we have now over 6 months living together. We do not want to have any red flags so If she needs to go back and home and do any of the things you guys have advice we will consider them too.

I still need to speak to my solicitor today about all the points you guys have raised and take it from there.

I really apreate your help as this is no easy disision and on top we have a 4 year old to look out for.

Many thanks

Post Reply