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Hi everyone,

I am a non-EU national and my partner is an EU national who has been exercising the EEA right since about 7 years. I have been with her for just over 4 years. For the first two years I was away for university, so we couldn't live together. So, when I finished the uni I moved in to her flat on April 2011. As she was living there, the tenancy agreement, gas, electric and all the bills were in her name. Recently, in may 2013, we moved to different flat where we both have our names on the tenancy agreement.

Now, as it has been just over two years of us living together, I want to apply for the Unmarried Partner visa.

- We don't have any joint documents but we do have documents on our individual names coming to the same address.

- I have at least one piece of document if not more for every month stating the address for the last two years. Whereas, my partner does not have any document stating the address from Apr 2011, May 2011, Jun 2011, Aug 2011, Jan 2012, Feb 2012 and Oct 2012. But, she does have gas, water and electric payment receipts (paypoint receipts) for those months. And also have tenancy agreement that covers the period of the two years and more if it helps.

- On top of that, to prove the address, I have 'Letters' stating the address for me and her for last two years that we have been residing on that address from my and her employer, banks, GP, HMRC.

My main concern is if all these documents are enough to prove the 2 years cohabitation as for some months I just have one bank statement (nothing else) to prove address and my partner is missing few months of documents but has gas, electric, water receipts (paypoint). And also, do the letters proving the two years address will help make the application stronger even few months documents are missing??

I have plenty of proof proving we have been together for 4 years as I have lots of photos since then, with her, her friends, parents. We have documents and tickets going on holidays together. We went to her parents house in her country, then to euro-trip for which I have plenty of proof.

Sorry, for the long story.
Need some advice please. Thanks in advance and will really appreciate the help.

Kiran

You can always try, make your case very readable and easy to track, but i think most importantly you would need to show that there is no doubt that there is something really deep going on between you and your partner.

Many people have problems even though they are married for many years and have children, and their applications are rejected for ridiculous reasons like 'marriage of convenience'.

Personally I understand your rights and I am in full support in your quest for being able to live in UK, from the other hand it's hard for me to understand why people try to achieve such a goal without being married. Assuming that a person who will deal with your application will have similar view, it may be hard for you to get your residence without appeal. But i am not an expert here.

See also Document for Cohabitation.

Thank you Pabilto and vinny.

I know it's all down to the caseworker who deals with my application, how s/he interprets the EU law. So, if I was to make an application, I would like to make it as strong as I can.

And, I thought we need to have 4/5 pieces of documents for each months for last two years. The only thing that is concerning me is if the documents we have are enough to 'prove the cohabitation' as I only have 1 piece of document for some months and none for my partner for some months.

But, I read somewhere that, "the minimum is at least 1 document on each of our names for each quarter of last two years", and we have more than that; I might have misunderstood, not sure.

And, apparently "the form only asks for 4 documents to prove your address, but it is always advisable to put more in"- (again I read it somewhere). If that's true, is it 4 documents overall or 4 documents for every month?

And also, from the posts I read, they don't even check documents for every month, they just pick random months and see if we have something to prove the address. So, I was guessing the missing documents of my partner for few months wouldn't have a lot of negative impact.

As for the genuine and durable relationship, I think I have plenty of proof and got it covered - (I can post what I have, if someone would like to know)

Any comment is helpful and appreciated.

Thank you.

See

[url=http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ecis/chapter5.pdf?view=Binary]Residence Card applications[/url] - Page 60 wrote:If applying as an unmarried partner, Evidence of cohabitation:

5 pieces of evidence in joint names for each of the 2 years If evidence not available in joint names, 3 or 4 pieces of evidence from one person and 1 or 2 pieces of evidence from other for each year.

Thank you Jambo,

I came across that before and was little bit confused.

5 pieces of evidence in joint names for each of the 2 years

Does this mean 5 pieces of evidence from every month for 2 years or 5 pieces for first year and 5 pieces for second year (10 in total)?

As we don't have in joint names we will have to go for option:

If evidence not available in joint names, 3 or 4 pieces of evidence from one person and 1 or 2 pieces of evidence from other for each year.

I guess it's little clear on this one. As fas as I understood, it means 3/4 and 1/2 pieces of evidence for the first year and the same amount for the second year (Again about 10 in total). Not 5 pieces of evidence for every months from 2 years, am I right??

Sorry, I am trying to make it as simple as it could be.

Also, we will have letters (for her and for me separately) saying we have been residing at the address for last two years from banks, GP, employer, mobile network, letting agent, HMRC, DVLA, Britsih Gas, Southern Water.

I hope I have tried everything to prove the cohabitation.

Thank you

An EEA2 RC can be gained on unmarried partner basis with even less than 2 years of cohabitation based on the circumstances especially when the partners have child. Otherwise most often a case worker need the joint documents such as joint bank statement, joint tenancy agreements, bills, joint travel and family gatherings etc instead of separately addressed documents based on the sense that in one property different tenants can live who definitely have the same property address. Moreover, from 2013 EEA2 applicants have to undergo the interview with caseworker answering several questions too to prove relation.

kiran2044 wrote:Thank you Jambo,

I came across that before and was little bit confused.

5 pieces of evidence in joint names for each of the 2 years

Does this mean 5 pieces of evidence from every month for 2 years or 5 pieces for first year and 5 pieces for second year (10 in total)?

As we don't have in joint names we will have to go for option:

If evidence not available in joint names, 3 or 4 pieces of evidence from one person and 1 or 2 pieces of evidence from other for each year.

I guess it's little clear on this one. As fas as I understood, it means 3/4 and 1/2 pieces of evidence for the first year and the same amount for the second year (Again about 10 in total). Not 5 pieces of evidence for every months from 2 years, am I right??

Sorry, I am trying to make it as simple as it could be.

Also, we will have letters (for her and for me separately) saying we have been residing at the address for last two years from banks, GP, employer, mobile network, letting agent, HMRC, DVLA, Britsih Gas, Southern Water.

I hope I have tried everything to prove the cohabitation.

Thank you

Each refers to years and not months. So 10 evidence to cover 2 years.

So, I am guessing with the documents we have (7/8 sources for me and 7/8 sources for her for each year), it's possible to prove the cohabitation requirements.

I am also concerned that as I moved into my partner's studio flat, all the bills and tenancy agreement are in her name. Can it be a problem? I was paying the bills though as she was paying the rent. I can actually get the letter from her landlord saying I was living there even though I wasn't on the tenancy agreement.

Proving the 'durable relationship': As we have been together for 4 years, I think I have plenty of documents that will prove the durable relationship. I was thinking to put all the photos of her and myself with friends and families from 4 years (which is a lot) in a 'USB stick/dvd' and send it to UKBA, as they will be able to see the date of photos taken. I gave her valentine's cards, anniversary cards (every year) from 'moonpig.com', so i was thinking to give my password for 'moonpig' account so they can see when exactly was the card sent. And also, I was thinking to give the password to my facebook account by which they can check the messages between us for last 4 years, the photos posted, and the messages on the walls of each other and other activities. Also, we went on Euro-trip last may, for which I have all the train and plane tickets, hotel bookings and we went to meet her parents for which I have photos to prove. I have couple of birthday cards from her family to me. We went on lots of other trips in the UK, for which we have photos.

Is it too much to send??

Thank you