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Hi,

I am an EEA national (Polish), and my unmarried partner is Chinese, but will possibly apply for American citizenship before moving. We are looking at applying for an EEA unmarried partner visa for her to move to the UK. Most of the requirements we easily satisfy, but it is unclear to me if we will satisfy two of the definitions of a "genuine and subsisting" relationship.

Initially, we were in a relationship for 3 months in New York during which there was no cohabitation. I have been living in London for 3 years now with her in New York. I have been returning to visit her frequently. In the last six months I have returned to the US monthly for an average 6.5 days a month during which I stayed at her place, and when she came to visit me in London she stayed at my place. I have my US mail go to her address, and we have a joint checking account together in the US. Will this satisfy the 2 year cohabitation requirement?

Additionally, she stayed in New York for work, and I initially didn't know whether my assignment to the UK would be temporary or permanent. Would one of these reasons be valid in making an exception to the two year cohabitation requirement?

There was also a requirement to have visited each other's home country and family. She has visited my home country and family, but I have only visited her home country without visiting her family. Is this adequate in practise? Should I visit her family before applying? Or can we show that we have plans to visit her family after she moves to the UK?

I was also wondering if there's any difference in her applying with an American vs. Chinese citizenship in practice. Do they tend to scrutinize Chinese citizens more? Or it doesn't make a difference?

Thanks

I believe you will find it difficult to convince the HO that your relationship is durable without cohabitation (a few days a month doesn't really count).

Thank you for the feedback!

Would you think it would work if she came over here initially on a 6 month tourist visa and lived with me, then went back to the US to apply for the EEA partner visa from there?

Don't think it would make any difference. As you described the relationship, I don't think the HO would consider it durable unless you have at least 18-24 months of cohabitation. You can always try and see. Application is free although might affect future visitor visa (they suspecting her intentions are not just to visit).

If you were married, it was a complete different story.

Got it. So, hypothetically if we were married, then there wouldn't be this cohabitation requirement.

What if she came over on a 6 month tourist visa, then we got engaged to get another 6 months on the fiancée visa. Would there be the 18-24 month cohabitation requirement for her to get the fiancée visa?

do you want to get married to her? - if your intending on getting married then this would resolve all your problems?

fiance visa would be the unmarried parters eea permit, OR pay via immigration rules (from my understading, the choice is yours, UKBA do not force you to pay therefore its OK to charge if you apply via a immigration rules visa - considering the alternative provision of the unmarried partner etc