I have previously received advice from this community regarding my application as a Brazilian (non-EEA) for a residence card in the UK as the non-married extended family member (EFM) of my European (Italian) partner. The application was successful, and I wanted to retribute to this nice community with important knowledge, tips, and advice. What makes our case interesting is that we managed to prove evidence of cohabitation for 2 years in a relationship akin to marriage even staying for short periods apart for work and study commitments.
Before continuing, I would just like to highlight that each application is different and dependent on the applicant’s circumstances. If you are planning to follow this route, read the Home Office guidelines, follow the requirements, and ensure that you have strong evidence/documents to succeed. Furthermore, and very importantly, plan your application in advance. It took us about 3 months to gather all the necessary documentation needed to complete our application. The sooner you start planning the better. You will have more chances to build a strong case and ultimately be successful.
A few words about our case:
I am a Brazilian (non-EEA) citizen who has been in a relationship with my Italian partner for the last 8 years. We started our relationship in 2013 and began living together in Germany in 2017. In 2018, I started a Master's in the UK. During this same year, my partner also started her Ph.D. in the UK. During our studies, however, we lived apart since our universities are located in different cities.
After finishing my Master's in 2019, I joined my partner in her city and we continue to live together ever since. We are a non-married couple.
Application timeline:
- Application for a residence card as an extended family member of an EEA national (sent per post to the Home Office): January 2020
- Residence card received at home: June 2020
- Pre-settled application: July 2020
- Pre-settled status granted: August 2020
In addition to the usual documents necessary for every application (proof of identity and nationality, passport-sized photographs, previous UK biometric documents, proof of my partner’s enrolment on a course of study in the UK, financial resources, and insurance), we had to provide strong evidence to the Home Office that our relationship was durable, genuine, and akin to marriage – even without a marriage certificate.
Therefore, we included the following documents as proof of our robust relationship status:
1. Introductory Letter
This letter described our relationship and explained in detail how we considered it to be genuine and durable in a condition close to marriage. We drafted a visual representation of our relationship in the form of a timeline to highlight the periods we lived together and apart. For each phase of our relationship, we provided a complete explanation of our personal or professional circumstances that led us to live under the same roof or in different places. Throughout the letter, we tried to convene the message that our relationship was growing stronger after each cycle. For the periods we lived apart, we emphasized in the letter how we kept daily contact and travelled to see each other frequently. We also referred to the sociological concept of “living apart together”, and even cited academic research indicating that this configuration has been increasingly recognised as a way of being a modern couple. For more information, you can refer to:
Duncan, S. & Phillips, M., 2011. People who live apart together (LATs): new family form or just a stage? International Review of Sociology, 21(3), pp.513–532.
https://www.researchgate.net/profile/Si ... -stage.pdf
Ritzer, George & Holmes, Mary, 2015. The Blackwell Encyclopedia of Sociology, Oxford: Blackwell
http://philosociology.com/UPLOADS/_PHIL ... Ritzer.pdf
2. Supporting Letter
To strengthen our application, we requested family members and friends to write us letters in support of our application. These letters included their names and addresses and more information about how they met us and see our relationship as genuine and durable. I also included a copy of their IDs in my application package.
- 1 letter from my parents (signed by both);
- 1 letter from my partner’s parents (signed by both);
- 1 letter from a common close friend that has been following our relationship since the beginning.
3. Travel Logs
We drafted a table showing all the times we travelled to see each other since we started living together in Germany, including booking references, dates, itinerary, and times. Attached we also included copies of all the travel tickets received per e-mail.
4. Conversation Logs
Extracts of conversation history from WhatsApp, Facebook, and Skype. I included one short extract for each month since the start of our relationship. Extracts were not translated and left in their original language. More information on how to obtain conversation logs from these applications can be found here:
https://faq.whatsapp.com/android/chats/ ... y/?lang=en
https://www.wikihow.com/Export-Messages-on-Facebook
https://support.skype.com/en/faq/FA3489 ... at-history
5. Photo Album
We included a photo album made in MS Word with important moments of our relationship. For each photo, we included a brief description of the circumstance and the date the photo was taken. Focus was given to the periods we travelled to see each other when we were living apart.
6. Items of Correspondence
To prove a durable relationship, you should also send six items of correspondence addressed to yourself and your partner at the same address. This part was a little bit tricky since we had to provide documents issued in Germany covering the period we were living together there. In this case, we provided a certified English translation. Documents included joint bank statements, tenancy agreements, and water/electricity bills from Germany and the UK. Apparently, the Home Office likes to see couples that make financial commitments or share money, so if you can show proof of a joint bank account that’s strong documented evidence of a genuine and durable relationship akin to marriage. Make sure to check the list of documents accepted by the Home Office.
I hope that this information will be usual for couples in the same situation. Good luck and much success in your future applications!
Other interesting information and tips covering a similar case can be found on Immigration Boards here:
eea-route-applications/unmarried-partne ... 03285.html
eea-route-applications/unmarried-partne ... og#p884904
