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EEA Family RC Rejection for unmarried partner

Posted: Sun May 31, 2015 4:44 pm
by AprilBreeze
I am recently being rejected of EEA Family RC (reason being unapproved durable relationship) and with very limited time to file for appeal,currently collecting more evidence to tackle. I am very keen to understand below and would much appreciate if someone can share his/her understandings. We are short of help from our lawyer for unforeseen reason, which is very unfortunate, but cannot be helped.
1 How many immigration officers ( or case workers) would have a viewing and jointly conduct decision makings on a case, one of multiple?
2 Has there been a tightening shift in policy, (even minor one) towards EEA Family RC applications? As while during consultations with different solicitors, we were told we had a 'strong case' at beginning of this year, and I am rather bewildered since I was issued a work permit in CoA two months ago, and was expecting the final positive answer to come through.
3 Usually how long does it take an appeal from beginning to end? (give the originally application took four months, i suppose it would be shorter) And if appeal result is negative, how many days would i be given before must leave the country?
I am sorry I have not been able to call the Home Office due to the timing and had very limited information from my current lawyer, I know 3 is unnecessary had I been able to speak to professionals or authorities.

Thank you very much in advance.

Re: EEA Family RC Rejection for unmarried partner

Posted: Sun May 31, 2015 5:04 pm
by Obie
If your lawyer is not assisting, then you should consider sacking him or her.

Re: EEA Family RC Rejection for unmarried partner

Posted: Sun May 31, 2015 5:05 pm
by Obie
If your lawyer is not assisting, then you should consider sacking him or her.

What was the basis for the refusal?

Re: EEA Family RC Rejection for unmarried partner

Posted: Sun May 31, 2015 5:16 pm
by AprilBreeze
Obie thanks. Yes we know, we cannot depend on the lawyer now.
The refusal was a rather lengthy list of points stating, with an assessment of all submitted documents, were deemed as insufficient to prove that the relationship between us is ‘durable’. 'there is no strong evidence that would suggest that your relationship is anything more than a good, ongoing, friendship'.
We have been together for 7 years and have provided plenty of proof to certify this is a strong and long-term relationship, bills, tenant contract (of multiple locations), bank transfers, photographs email conversations, as well as plane tickets of travelling together, plane tickets of one seeing the other. The years we have lived together amounts to 4. Will an engagement ring help? (laughingly)

Re: EEA Family RC Rejection for unmarried partner

Posted: Sun May 31, 2015 5:25 pm
by Obie
Then the refusal is flawed.. Have you been living together during this period ?

The refusal may not stand judicial scrutiny if what you said is correct.

Re: EEA Family RC Rejection for unmarried partner

Posted: Sun May 31, 2015 5:58 pm
by AprilBreeze
That is why I am wondering if this was done by one person... or more, because I had provided proof for what I mentioned.
I plan to counter every single point from HO, by clear explaining on existing (or new) evidence, especially on the financial side.
Having said that, if they refused me the first time, how can we win the appeal...
Any ideas on my questions Obie? Thanks.

Re: EEA Family RC Rejection for unmarried partner

Posted: Sun May 31, 2015 6:02 pm
by Obie
It will all depend on the circumstance of your case and the nature of the evidence you have. Reconsideration may be an option if it clear that all the evidence you privided were ignored.

Re: EEA Family RC Rejection for unmarried partner

Posted: Sun May 31, 2015 6:05 pm
by AprilBreeze
And yes, to answer, we have lived together for total of more than 4 yrs, in Asia (3+) and now after I finished reading for my Masters in the UK.(less than 1). We have met in total 5 times while I was in school for one year, this is more than 'ongoing and good friendship' , isn't it. Some of the evidence we provided were dismissed though, and I will try to validate those in appeal.

Re: EEA Family RC Rejection for unmarried partner

Posted: Sun May 31, 2015 6:11 pm
by Obie
Very strange indeed.

Re: EEA Family RC Rejection for unmarried partner

Posted: Sun May 31, 2015 7:38 pm
by AprilBreeze
Anyone else with ideas on this ? Much appreciate it.