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Hello everyone,

My eea2 application was refused based on durable relationship with right of appeal.If anyone have faced the same situation please share with me please. Co-habiting for almost 1 year. Provided sufficient evidence: Joint bank statement, CSI, partners pregnancy report, marriage registration certificate(wedding was disrupted by ukba), lots of pictures taken together, joint tenancy agreement etc.

p.s. My student visa expired 29 october 2012.

Thanks in advance

You should exercise your right of appeal.

Durable Relationship cannot be only described as a relationship that lasted for only a year, other factors like the pregnancy does need to be considered.

Also see Dauhoo

Co-habiting has to be for at least 2 years.

giruzz wrote:Co-habiting has to be for at least 2 years.

Not really correct. In some circumstances, that may be right, but not in all.

Agree that it is possible to demonstrate durable relationship if less than two years, but expect to provide solid evidence to make a successful application.

thanks for reply obie and EUsmileWEallsmile. is it a good idea to try get married now or wait until the outcome of appeal. and also should i ask home office to reconsider the application?

thanks.

Getting married is a life changing event, but if this is right for you both...

If you have good evidence of being in a durable relationship, then you could submit that.

@EEA2APPLICANT....my partner and I are also unmarried and we have just been recently refused for a residence card (I am the EEA Sponsor). We had made a Family Permit application that was initially refused due to not providing evidence of co-habitation that was then overturned and we were granted the FP. We didn't have any formal lease agreements as our situation was different in that we worked and lived on cruise ships together, but for the appeal we gathered every piece of evidence whether it was a letter from family and friends stating we lived with them for a period of time, flights showing every place we had been together and photos to support it. Might not be the same for your case, but I just want you to know that it is indeed possible to prove durable relationship using as many different pieces of evidence. We also considered getting married, but you will still need to prove your 'durable relationship' otherwise they will then possibly accuse you of marriage of convenience. Hope that helps to brighten your day slightly because I know the exact feeling of having your relationship doubted.

We have been refused our residence card because the home office doesn't believe I am exercising treaty rights. Had they performed their checks correctly they would have come to the conclusion that actually I am a worker and have not falsified documents to try and deceive them (as they are claiming). I mean I work as a primary school teacher and instill many values into children on a daily basis, I would never put my career nor personal life at stake and provide false evidence. We are in the process of appealing and was wondering if you have had a chance to look at the appeal form? There is a box that asks to fill in why they should allow the non-EA national remain in the UK while the appeal is in process and was wondering if you know what we should fill in? Not to break up the family unit? Anything concrete from the Regulations we can quote in there?

Hang in there because in the end, WE WILL SUCCEED....they are just taking us down the other fork of the road....

Hi soniac,

I have not had a look at the appeal form yet. might go to see my solicitor today. i will keep you updated though. need to stay strong.

soniac wrote:@EEA2APPLICANT....my partner and I are also unmarried and we have just been recently refused for a residence card (I am the EEA Sponsor). We had made a Family Permit application that was initially refused due to not providing evidence of co-habitation that was then overturned and we were granted the FP. We didn't have any formal lease agreements as our situation was different in that we worked and lived on cruise ships together, but for the appeal we gathered every piece of evidence whether it was a letter from family and friends stating we lived with them for a period of time, flights showing every place we had been together and photos to support it. Might not be the same for your case, but I just want you to know that it is indeed possible to prove durable relationship using as many different pieces of evidence. We also considered getting married, but you will still need to prove your 'durable relationship' otherwise they will then possibly accuse you of marriage of convenience. Hope that helps to brighten your day slightly because I know the exact feeling of having your relationship doubted.

We have been refused our residence card because the home office doesn't believe I am exercising treaty rights. Had they performed their checks correctly they would have come to the conclusion that actually I am a worker and have not falsified documents to try and deceive them (as they are claiming). I mean I work as a primary school teacher and instill many values into children on a daily basis, I would never put my career nor personal life at stake and provide false evidence. We are in the process of appealing and was wondering if you have had a chance to look at the appeal form? There is a box that asks to fill in why they should allow the non-EA national remain in the UK while the appeal is in process and was wondering if you know what we should fill in? Not to break up the family unit? Anything concrete from the Regulations we can quote in there?

Hang in there because in the end, WE WILL SUCCEED....they are just taking us down the other fork of the road....