Immigrationboards.com

atie wrote:Hi all,
I am new to this forum and i need urgent help.
I recently applied for FLR(FP) but my application got refused after 3 months and they have given me out of country appeal right but also mention that if my circumstances change then i can send a new application.
I am in a relation with a EU national last four years and i am planning to apply EEA relationship application.
Now the problem i have is that we not living together but otherwise we have all other proofs that we in a genuine relationship.
Can please someone help me with the right form and if possible list of documents .I don't know what to write in covering letter .please if some one can send me the covering letter sample.
Many thanks

Regulation 8 of the Immigration (European Economic Area) Regulations 2006 (the ‘2006 Regulations’) sets out circumstances in which a person will be considered the ‘extended family member’ of an EEA national.

Unlike a family member who falls within Regulation 7, such a person would not have a right to reside in the UK under European law until issued a Residence Card. Unmarried relationships fall within Regulation 8(5) which states:

‘A person satisfies the condition in this paragraph if the person is the partner of an EEA national (other than a civil partner) and can prove to the decision maker that he is in a durable relationship with the EEA national’.

Neither Council Directive 2004/38/EC nor the 2006 Regulations provide a definition of ‘durable relationship’.

When considering an application for a residence card on the basis of a durable relationship, the Home Office will apply the guidance set out in their European Casework Instructions which is based on the requirements for unmarried partners under the Immigration Rules. The Home Office will consider a relationship to be a durable one where:

The couple have been living together in a relationship similar to a marriage for at least two years;
b) The couple intend to live together permanently;
c) The couple are not blood relatives (i.e. it is not a consanguineous relationship); and
d) Any previous marriage or other similar relationship by either party has permanently broken down.

Casa wrote:noajthan the OP writes:
"Now the problem i have is that we not living together"

Casa wrote:@noajthan thanks. It would be interesting to know what grounds the FLR(FP application was submitted when he has been in a relationship with an EEA national for 4 years.