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COA FOR UNMARRIED COUPLE

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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DerickChu
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COA FOR UNMARRIED COUPLE

Post by DerickChu » Sat Apr 21, 2018 10:16 am

Hi Guys,

Please i have just received a letter from the Home Office stating that " At this stage we are unable to confirm your right to work in the Uk, this will depend on the outcome of the application. this is because you have not provided original documentation for the following".
This COA letter arrived together with the Biometric Letter.

We submitted A Certified Translated copy of our Cohabitation Documents which was signed in 2014.

Please does anyone had the same issue? suggestions are highly appreciated.

Thanks in advance.
Derk

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Casa
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Re: COA FOR UNMARRIED COUPLE

Post by Casa » Sat Apr 21, 2018 10:27 am

It's rare for an unmarried partner of an EEA national to be issued with a COA giving the right to work.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

DerickChu
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Re: COA FOR UNMARRIED COUPLE

Post by DerickChu » Sat Apr 21, 2018 10:35 am

Hi Casa,

Thanks for the response, but the reason giving was because i do not provide evidence of relationship with my partner.
As from the EEAFM timeline, Biometric and COA usually comes separately.
Should i contact them to remind them that the evidence was provided? so they wont make a decision based on that assumption

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Casa
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Re: COA FOR UNMARRIED COUPLE

Post by Casa » Sat Apr 21, 2018 10:39 am

What evidence did you submit of a durable relationship 'akin to marriage'?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

DerickChu
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Re: COA FOR UNMARRIED COUPLE

Post by DerickChu » Sat Apr 21, 2018 10:50 am

Hi Casa,
I submitted a Certified Translated and original copies of our Civil Partnership Agreement, though i didn't submit the original copy of my 5years family member permit.

As lawyers says my passport and my wife passport, with the civil partnership documents in addition to other documents are enough.

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Casa
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Re: COA FOR UNMARRIED COUPLE

Post by Casa » Sat Apr 21, 2018 12:04 pm

DerickChu wrote:
Sat Apr 21, 2018 10:50 am
Hi Casa,
I submitted a Certified Translated and original copies of our Civil Partnership Agreement, though i didn't submit the original copy of my 5years family member permit.

As lawyers says my passport and my wife passport, with the civil partnership documents in addition to other documents are enough.
I now see that although your topic title shows 'unmarried partner', you have a Civil Partnership. Are you a same gender couple?

Documents you must provide
For each person on the application you’ll need to provide:
a current passport
2 passport size colour photographs
one passport size colour photograph of your European Economic Area (EEA) national (or British citizen) sponsor
your EEA family member’s valid passport or national identity card
evidence of your relationship to your EEA family member - such as a marriage certificate, civil partnership certificate, birth certificate, or proof that you’ve lived together for 2 years if you’re unmarried
You also need to provide proof of one of the following, depending on your eligibility:

that your EEA family member has a permanent right of residence
that your EEA family member is a ‘qualified person’
that you qualify because of a ‘retained right of residence’
that you qualify for a ‘Surinder Singh’ application
You’ll need to provide a certified translation of any documents that aren’t in English or Welsh.


'Qualified person' means proof that you are exercising your Treaty rights in the UK

Also note:
Unless otherwise stated, please send original documents only. Photocopies are not acceptable. If
you’re unable to send the original, please explain why. We’re unlikely to be able to approve your
application without sight of the original document.


Did you read the full guidance notes?
https://assets.publishing.service.gov.u ... -04_KP.pdf
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

DerickChu
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Posts: 37
Joined: Sat Mar 10, 2018 2:55 pm
Belgium

Re: COA FOR UNMARRIED COUPLE

Post by DerickChu » Sat Apr 21, 2018 12:23 pm

Hi Casa,
Ohh we are opposite sex, its a Civil partnership.
Below are what i provided.
My Non Eu passport and 2 passport photographs
MY Spouse EEA Identity card and one passport photographs.
Civil Partnership Certificate (dated 2014)
Evidence that my EEA family member is a qualified person/ Pension receipt and other incomes
CSI for both of us.

Note this application only for my self and the only issue here is the evidence of Relationship, but my fear is that maybe because i didn't provide my BELGIUM Family Permit Card thats why they said i didn't provide evidence of relationship with my partner.

Could that be a reason for refusal?

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Re: COA FOR UNMARRIED COUPLE

Post by Obie » Sat Apr 21, 2018 12:31 pm

Strangely , unlike in the case of same sex couple, the UK does not recognise civil partnership for heterosexual couple. Therefore you will be classified as unmarried partner.
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Casa
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Re: COA FOR UNMARRIED COUPLE

Post by Casa » Sat Apr 21, 2018 12:32 pm

DerickChu wrote:
Sat Apr 21, 2018 12:23 pm
Hi Casa,
Ohh we are opposite sex, its a Civil partnership.
Below are what i provided.
My Non Eu passport and 2 passport photographs
MY Spouse EEA Identity card and one passport photographs.
Civil Partnership Certificate (dated 2014)
Evidence that my EEA family member is a qualified person/ Pension receipt and other incomes
CSI for both of us.

Note this application only for my self and the only issue here is the evidence of Relationship, but my fear is that maybe because i didn't provide my BELGIUM Family Permit Card thats why they said i didn't provide evidence of relationship with my partner.

Could that be a reason for refusal?
Where and under what circumstances was your Civil Partnership issued. In the UK a CP is only for couples of the opposite gender.

Edit: Beaten by Obie
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

DerickChu
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Belgium

Re: COA FOR UNMARRIED COUPLE

Post by DerickChu » Sat Apr 21, 2018 12:45 pm

The CP was done in Belgium, as Belgium and other EU recognises that.

I just came across EU article that says Your Civil Partnership will be regarded as unmarried couple if you moved to a country that doesn't recognise CP f.

So i don't know how Uk recognises CP.
I Belgium, my wife and i are regarded as official partner, as we enjoy all the privileges of marriage, like joint tax and so on.
We have been living together since 2013, and we signed and registered out union in Belgium in 2014, therefore making it official.

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Re: COA FOR UNMARRIED COUPLE

Post by Casa » Sat Apr 21, 2018 12:51 pm

What documented evidence did you submit as proof of co-habitation covering at least a 2 year period?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

DerickChu
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Posts: 37
Joined: Sat Mar 10, 2018 2:55 pm
Belgium

Re: COA FOR UNMARRIED COUPLE

Post by DerickChu » Sat Apr 21, 2018 12:57 pm

Hi,
I submitted a translated Copy of the Original Cohabitation Certificate which was signed in 2014. the dates could been seen.
But no other evidence of relationship as it could be seen that from 2014 June till date is roughly 4years.

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Casa
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Re: COA FOR UNMARRIED COUPLE

Post by Casa » Sat Apr 21, 2018 1:03 pm

DerickChu wrote:
Sat Apr 21, 2018 12:57 pm
Hi,
I submitted a translated Copy of the Original Cohabitation Certificate which was signed in 2014. the dates could been seen.
But no other evidence of relationship as it could be seen that from 2014 June till date is roughly 4years.
Unfortunately that won't be sufficient. The Case Worker will want to see evidence that you have been living together since the date of your Civil Partnership (or for at least the last 2 years). This would include examples such as joint tenancy/mortgage, shared financial responsibilities/bank account, both names on utility bills etc.

This is probably where the issue of proof of relationship comes from.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

DerickChu
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Posts: 37
Joined: Sat Mar 10, 2018 2:55 pm
Belgium

Re: COA FOR UNMARRIED COUPLE

Post by DerickChu » Sat Apr 21, 2018 1:11 pm

Hi,
Ohh pity, could the COA of Right of Work be because i'm on a Valid tourist visa the moment ?

I have a document that shows my address, so should i send the documents to them now or is it late at this time?

DerickChu
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Re: COA FOR UNMARRIED COUPLE

Post by DerickChu » Sat Apr 21, 2018 1:19 pm

Again , the Cohabitation has our address on it and the Comprehensive sickness insurance also has our address on it.
The cohabitation which was signed in 2014 clearly shows our address on it and the CSI we got last month for both my EEA Partner and I clearly shows the names and address of both of us

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Casa
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Re: COA FOR UNMARRIED COUPLE

Post by Casa » Sat Apr 21, 2018 1:24 pm

DerickChu wrote:
Sat Apr 21, 2018 1:11 pm
Hi,
Ohh pity, could the COA of Right of Work be because i'm on a Valid tourist visa the moment ? It could be if you entered with the intention to settle and not as a genuine visitor. What reason did you declare in your visitor visa application?

I have a document that shows my address, so should i send the documents to them now or is it late at this time? You need more than one document showing proof of address. See my examples of evidence in my earlier post.
I'm confused. Are you now posting as the non-EEA partner as you mention a visitor visa. :?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

DerickChu
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Joined: Sat Mar 10, 2018 2:55 pm
Belgium

Re: COA FOR UNMARRIED COUPLE

Post by DerickChu » Sat Apr 21, 2018 1:27 pm

Hi,

Seems they will reject it if that is the case
What are your advice with respect to the next step?

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Casa
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Re: COA FOR UNMARRIED COUPLE

Post by Casa » Sat Apr 21, 2018 1:43 pm

My suggestion would be to re-apply with compelling evidence of co-habitation, but wait for others to respond. What evidence do you have from the examples I suggested?

See Page 4 from the Policy Guidance:
https://assets.publishing.service.gov.u ... -04_KP.pdf
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

DerickChu
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Posts: 37
Joined: Sat Mar 10, 2018 2:55 pm
Belgium

Re: COA FOR UNMARRIED COUPLE

Post by DerickChu » Sat Apr 21, 2018 1:55 pm

Hi,
To your previous question..I'm a Non Eu and i have 5years tourist visa since 2016, been visiting Uk since 2013. So i last month i came to uk with my EEA Partner.
I didn't apply for family permit because i have 5years visitors visa to come in.
So was wondering if the reason was because of my visitor visa but then i remembered they gave the reason as there was no prove of Evidence my relationship.
Evidence Of relationship as we know is our Cohabitation, which we provided.

If there are requesting for more evidence then we can provide it but not fair to say there is no evidence.
Cohabitation for 4years means we have everything they may need for, just we didn't want to over flow them we unnecessary documents.
Note, they only sent us CAO with no confirmation to work, so it hasn't been rejected yet.

But Cohabitation of 4years we have all the evidence they might ask for. i have a City Hall paper here that shows our address history.

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