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EEa2 (unmarried ) refused with right of appeal
Posted: Sun Jun 22, 2014 3:59 pm
by Mani1986
Helllo guys,
I am pakistani national and I applied for eea2 unmarried visa with my Italian partner. we are together from january 2013 and I applied for eea2 with proofs less than one year included (joint bank statement, witness statements, her bank statement, my bank statement, lods of photographs, tickets etc). My visa is refused with right of appeal. The reason HO mentioned is " our relationship proof" is less then 2 years.
Any one in same situation?? I have 2 options appeal or reapply with more proofs. which one is better ? anyone can help me will be appreciated.
Re: EEa2 (unmarried ) refused with right of appeal
Posted: Sun Jun 22, 2014 4:05 pm
by Casa
To qualify, you must have been living together in a relationship 'akin to marriage' for a minimum of 2 years.
Re: EEa2 (unmarried ) refused with right of appeal
Posted: Sun Jun 22, 2014 4:09 pm
by Mani1986
Casa wrote:To qualify, you must have been living together in a relationship 'akin to marriage' for a minimum of 2 years.
yes I know but what If we go to court and proof that our relationship is genuine and we want to marriage in future.
Re: EEa2 (unmarried ) refused with right of appeal
Posted: Sun Jun 22, 2014 4:20 pm
by Imshzd
Mani1986 wrote:Casa wrote:To qualify, you must have been living together in a relationship 'akin to marriage' for a minimum of 2 years.
yes I know but what If we go to court and proof that our relationship is genuine and we want to marriage in future.
Then nothing can happen.waste of money.
You can wait until you complete two years
Or
Apply after marriage.
Re: EEa2 (unmarried ) refused with right of appeal
Posted: Sun Jun 22, 2014 4:24 pm
by Casa
Imshzd has given you good advice. It's not about proving the relationship is genuine. The 2 year minimum co-habitation is mandatory so an appeal would be pointless.
You will either have to wait until you can submit documented proof of 24 months living together, or you could marry and submit a new application.
Re: EEa2 (unmarried ) refused with right of appeal
Posted: Sun Jun 22, 2014 5:44 pm
by 357mag
I'm wondering if theres an issue here that could be taken to ECJ.
A couple cohabitating in the UK dont have to prove they have been together for two years to apply for instance for housing benefit. That they say they are living together is enough.
For this two years to apply only to an EEA immigrant is nothing less than discrimination.
Sorry to OP, I diverted your thread there.
Re: EEa2 (unmarried ) refused with right of appeal
Posted: Sun Jun 22, 2014 5:53 pm
by Mani1986
357mag wrote:I'm wondering if theres an issue here that could be taken to ECJ.
A couple cohabitating in the UK dont have to prove they have been together for two years to apply for instance for housing benefit. That they say they are living together is enough.
For this two years to apply only to an EEA immigrant is nothing less than discrimination.
Sorry to OP, I diverted your thread there.
I am so stressed I have already spend my all money to extend my previous visa the one I dint get it. Now I am in eea2 route and the same problem started again refused and appeals. God help everyone
Re: EEa2 (unmarried ) refused with right of appeal
Posted: Sun Jun 22, 2014 6:16 pm
by CR001
357mag wrote:For this two years to apply only to an EEA immigrant is nothing less than discrimination.
It applies to unmarried partners applying under the UK Immigration rules as well. I suppose the purpose is to avoid abuse of the visa if only say 3 months were required as cohab.
You will also find that the 'durable relationship' criteria under EEA/EU rules is not only implemented in the UK.
Re: EEa2 (unmarried ) refused with right of appeal
Posted: Sun Jun 22, 2014 6:35 pm
by Obie
For Durable partners under EU law, there is no mandatory period of two years. In fact there is not a mandatory period, and there cannot lawfully be a mandatory period.
All facts and circumstance of the case will have to be taken into consideration such as, whether there is a child, joint financial committment and plan to get married in the future. Unlike common law partnership under the immigration rules, there is no such requirement for Durablw partner. it is an EU law concept, which cannot be defined by national law.
National law can state what they would expect to see, in order to satisfy themselves that a relationship is durable, but it cannot be a hard and fast rule, not lawfully anyway.
The OP is entitled to appeal, this will provide protection against enforcement action. By the time of the appeal, depending on where he resides in the UK, the relationship would have endured longer, and by then they may have been able to get married.
The judge will deal with the appeal as matters stand on the day of the hearing.
Re: EEa2 (unmarried ) refused with right of appeal
Posted: Sun Jun 22, 2014 6:41 pm
by 357mag
I know but what I'm saying is if you have a set of rules applied to one group ie immigrants, but that rule does not apply to your own citizens ie a couple living together claiming a benefit, then it is discrimination in this case on the grounds of nationality.
The Directive must be applied in accordance with the non-discrimination principle enshrined
in particular in Article 21 of the EU Charter.
Partners with whom an EU citizen has a de facto durable relationship, duly attested, are
covered by Article 3(2)(b). Persons who derive their rights under the Directive from being
durable partners may be required to present documentary evidence that they are partners of
an EU citizen and that the partnership is durable. Evidence may be adduced by any
appropriate means.
The requirement of durability of the relationship must be assessed in the light of the objective
of the Directive to maintain the unity of the family in a broad sense12. National rules on
durability of partnership can refer to a minimum amount of time as a criterion for whether a
partnership can be considered as durable. However, in this case national rules would need to
foresee that other relevant aspects (such as for example a joint mortgage to buy a home) are
also taken into account. Any denial of entry or residence must be fully justified in writing and
open to appeal.
Something I note from the guidelines is that there is nothing mentioned about cohabitation. Diatta v Germany says that a couple do not have to be living together.
Re: EEa2 (unmarried ) refused with right of appeal
Posted: Sun Jun 22, 2014 7:29 pm
by Obie
Yes I was not seeking to reply to you. I was merely seeking to clarify some issue that arose from this thread.
There are domestic jurisprudence that question the legitimacy of 2 years requirements.
Re: EEa2 (unmarried ) refused with right of appeal
Posted: Sun Jun 22, 2014 8:01 pm
by dufie
This is all getting interesting, let say the unmarried partners have kids and haven't reach the so called 2year cohabiting.I would think it will make their case stronger. I am i right in a way?
Re: EEa2 (unmarried ) refused with right of appeal
Posted: Sun Jun 22, 2014 8:33 pm
by Imshzd
dufie wrote:This is all getting interesting, let say the unmarried partners have kids and haven't reach the so called 2year cohabiting.I would think it will make their case stronger. I am i right in a way?
Kids may strong the relationship but not meet the RC requirements if less then two years,unless meet the derivative right of residence.
Re: EEa2 (unmarried ) refused with right of appeal
Posted: Sun Jun 22, 2014 8:35 pm
by Obie
Imshzd wrote:dufie wrote:This is all getting interesting, let say the unmarried partners have kids and haven't reach the so called 2year cohabiting.I would think it will make their case stronger. I am i right in a way?
Kids may strong the relationship but not meet the RC requirements if less then two years,unless meet the derivative right of residence.
That is wrong. I am not sure where you are getting that from. I sought to correct you, but you are getting into the same error.
In fact I will say it is wrong in law to say a relationship has to last for 2 year for it to be durable.
Dahuoo Para 19 & 21.
If we are going to advise OP, we either give him knowledgable advise or we dont advise at all.
In this day and age, a wrong immigration advise can have an adverse effect on a person's live. We have to be sure about the advise we are offering.
Re: EEa2 (unmarried ) refused with right of appeal
Posted: Sun Jun 22, 2014 9:19 pm
by Mani1986
Obie wrote:For Durable partners under EU law, there is no mandatory period of two years. In fact there is not a mandatory period, and there cannot lawfully be a mandatory period.
All facts and circumstance of the case will have to be taken into consideration such as, whether there is a child, joint financial committment and plan to get married in the future. Unlike common law partnership under the immigration rules, there is no such requirement for Durablw partner. it is an EU law concept, which cannot be defined by national law.
National law can state what they would expect to see, in order to satisfy themselves that a relationship is durable, but it cannot be a hard and fast rule, not lawfully anyway.
The OP is entitled to appeal, this will provide protection against enforcement action. By the time of the appeal, depending on where he resides in the UK, the relationship would have endured longer, and by then they may have been able to get married.
The judge will deal with the appeal as matters stand on the day of the hearing.
Thanks for the detail reaply Obie. We applied under EU law, we sent them joint bank statement, written statement of both of us and we are living on same adress from feb 2014, we also mentioned them we want to get married in future. we have lots of witnesses and they are happy to go to the court even.
Re: EEa2 (unmarried ) refused with right of appeal
Posted: Mon Jun 23, 2014 12:37 am
by UKBA HUNTER
Few members in near past on unmarried partner basis did get EEA2 RC even with lesser duration of cohabitation than 2 years. I cannot find but if you search deeply then may find that thread and may benefit from them too.
Re: EEa2 (unmarried ) refused with right of appeal
Posted: Mon Jun 23, 2014 12:54 am
by rosebead
The Home Office policy of 2 years co-habitation cannot be set in stone - at least that is how some UK immigration judges
see it.
Re: EEa2 (unmarried ) refused with right of appeal
Posted: Mon Jun 23, 2014 8:05 am
by 357mag
Thanks Obie and Rosebead, this is what a lot of the good folks on the forum need, evidence that the two years cohabiting and existance of a durable relationship is not set in stone.
Re: EEa2 (unmarried ) refused with right of appeal
Posted: Thu Jun 26, 2014 12:02 am
by askmeplz82
hahha
Mani1985 ... he is back .... but Mani1986 now. why you created a new account ?
Re: EEa2 (unmarried ) refused with right of appeal
Posted: Mon Dec 15, 2014 2:32 pm
by vinb5
Hi
Even am in same situation.
did u get acknowledged letter
did u get Coa with right to work or not
is your case pending.
We have marriage date in register but we want marry in front of our families and as am indian I need to wait for certain date.
So we are delayed both of us are asian but my partner is Swiss asian.
I want to stay in country for another few months.
So what happen with your case.
Mani1986 wrote:Helllo guys,
I am pakistani national and I applied for eea2 unmarried visa with my Italian partner. we are together from january 2013 and I applied for eea2 with proofs less than one year included (joint bank statement, witness statements, her bank statement, my bank statement, lods of photographs, tickets etc). My visa is refused with right of appeal. The reason HO mentioned is " our relationship proof" is less then 2 years.
Any one in same situation?? I have 2 options appeal or reapply with more proofs. which one is better ? anyone can help me will be appreciated.
Re: EEa2 (unmarried ) refused with right of appeal
Posted: Thu Dec 25, 2014 5:40 pm
by Mani1986
Hii vinb5
Yes I did get acknowledgement letter, and I did get Coa but no work allowed. because for unmarried partner home office usually not allowed to work. My case is in the court now and I am going to hear my appeal in march. Because when I sent my application our relationship was less than 2 years and I dint have 2 years proof. My application was refused on basis providing less than 2 years proof, even though our relationship is genuine.
But now I am just focus on my appeal as the court see things in different way. the time i will be in court we will be in 2 year of relationship even i wouldnt be able to provide 2 years cohabitation but lets see what happens.
I will suggest you to get marriage because its easier and quicker. what visa do you have? and when its going to expire? how long you staying together with your EU partner? do you have 2 years cohabitation? these all questions need to be clear if you explain me a bit I might be able to help you.
Re: EEa2 (unmarried ) refused with right of appeal
Posted: Thu Dec 25, 2014 8:04 pm
by khizard
i had submitted an EEA2 applicarion ( unmarried partner ) application on 26/03/2013. even i and my partner have not completed 2 years durable partnership time and my partner divorce case was in pending with her ex-husband. but i applied because my PSW visa was going to run out. exactly after 6 months i got refused by the home office. and the reason was unemployment of my partner.
i got right of appeal, i submitted appeal documents to the solicitor, the solicitor confirmed he has sent the appeal to the court on 12/10/2014 , but unfortunately i got a call next year on 24/01/2014 , that my appeal was not received by the tribunal because of an error. however my solicor sent the appeal again and it was accepted. then i got a letter for court hearing will be held on 7/05/2014, before going to court i sent the proof that my partner is working and i sent them a wage slip. on 06/05/14 one day before court day i got a fax from home office states that they have withdrawn their decision and new decision will be made within reasonable time so no need to go to court.
From 06/05/2014 till 06/11/2014 i kept waiting for the response from Home Office, but nothing happened. so i wrote to my Local MP, and he contacted HO , then HO sent a message 20/11/214 that they must contact applicant (me) within 28 days, and now, i am still waiting that response even though the 28 days commitment has already bee passed.
I dont' kow what to do now,
yes, one main thing i forgot to tell, i got a child ( daughter ) on 03/09/2014. i had already sent birth certificate to the HO. but no response.
ANY ONE CAN HELP TO KNOW WHAT THE HELL IS THIS...... WHY THEY BEHAVE LIKE DEAD PEOPLE/MIND. THEY ARE SENSELESS PEOPLE AND THEY DON'T HAVE ANY HUMANITY.
Re: EEa2 (unmarried ) refused with right of appeal
Posted: Sat Jan 31, 2015 4:23 pm
by Mani1986
vinb5 wrote:Hi
Even am in same situation.
did u get acknowledged letter
did u get Coa with right to work or not
is your case pending.
We have marriage date in register but we want marry in front of our families and as am indian I need to wait for certain date.
So we are delayed both of us are asian but my partner is Swiss asian.
I want to stay in country for another few months.
So what happen with your case.
Yes I did get acknowledgement letter but work not allowed. but in august 2013 my case was refused because of less than 2 years cohabitation. Home office raised point that it is not durable relationship. and now in march i am going to the court. Hopefully i will win it. Even my relationship is going to be more than 2 years but we still do not have 2 years cohabitation which is worrying me alot. what about you? is your case still pending?
Mani1986 wrote:Helllo guys,
I am pakistani national and I applied for eea2 unmarried visa with my Italian partner. we are together from january 2013 and I applied for eea2 with proofs less than one year included (joint bank statement, witness statements, her bank statement, my bank statement, lods of photographs, tickets etc). My visa is refused with right of appeal. The reason HO mentioned is " our relationship proof" is less then 2 years.
Any one in same situation?? I have 2 options appeal or reapply with more proofs. which one is better ? anyone can help me will be appreciated.