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Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator
All things being equal this forum is a huge source of assistance.CR001 wrote:You will find all the information you need here, for free, if you post your questions. Lawyers/immigration advisors often are not up to date or do not know all the rules and rule changes.
The main thing for this visa is this : Have you lived together in a relationship 'akin to marriage' for the last two years?
You were dreaming.Wanderer wrote:AIUI, any EU directive is not supposed to put local citizens at a disadvantage, in UK law 24 months is set in stone, and in the absence of any EU guideline, it would be unfair on local citizens if EU citizens could bypass said rule.
Did I dream it?
Casa wrote:You were dreaming.Wanderer wrote:AIUI, any EU directive is not supposed to put local citizens at a disadvantage, in UK law 24 months is set in stone, and in the absence of any EU guideline, it would be unfair on local citizens if EU citizens could bypass said rule.
Did I dream it?
UK rules = 2 years co-habitation (as you rightly say 'set in stone) as unmarried partners.
EU rules = questionable 2 years co-habitation (although Home Office may argue this and anything less may have to go to appeal) in a durable relationship.
I missed the fact that the OP is an EU national. However, even with the slightly more flexible interpretation of the EU rules, 6 months co-habitation won't be close to qualifying as a 'durable relationship' as far as the Home Office are concerned.
I have been residing in the UK for about 6 months, I am not sure what do you mean by "exercising EU treaty rights".Obie wrote:Tenshi28 are you residing in the UK, and if so, for how long?
During the period of your residence in the UK? Have you been in exercising EU treaty rights all through?
Are you planning on getting married to this lady?
Have you got joint financial commitment? Do you provide her with regular financial support? So as to demonstrate continued link.
Just for clarity, Obie is referring to the EU rules on a durable relationship. Obie, would you agree that the Home Office will challenge this interpretation by letting an application go to appeal?Obie wrote:6 months dating on its own is not sufficient to demonstrate durable relationship, and neither is there an hard and fast 2 years rule, and neither is their a strict requirement for permanent cohabition.
A person may be in a durable relationship even if they dont live together, which could be due to religious or other reasons like employment, visa restrictions.
Are appeals generally successful? not at all?Casa wrote:
Just for clarity, Obie is referring to the EU rules on a durable relationship. Obie, would you agree that the Home Office will challenge this interpretation by letting an application go to appeal?
tenshi28 wrote:Are appeals generally successful? not at all?Casa wrote:
Just for clarity, Obie is referring to the EU rules on a durable relationship. Obie, would you agree that the Home Office will challenge this interpretation by letting an application go to appeal?
How is "duly attested" defined? What does it mean?2 wrote:(b) the partner with whom the Union citizen has a durable relationship, duly attested.
Obie, I'm not sure about this. 'Self' attested in where the person concerns signs to confirm authenticity. My understanding is that 'Duly' attested is signed by a person legally authorised to do so. (for example solicitor, notary public or a clerk of the court). It appears to be commonly used by certain countries, including India and Pakistan and the UAE.Obie wrote:Well i think duly attested mean, the person asserting that he or she is in a Durable Relationship with the union citizen should provide sufficient evidence to substantiate their claim that they are in a durable relationship.
If there is fast and hard rule of 2 years, a person may encounter difficulty providing evidence to attest the existence of their durable relationship.