Immigrationboards.com

Hi there,

Thanks for all the posts on here, this board has been extremely helpful.

I have a query about the durable relationship aspect for the EEA EFM and how lenient the two year living together aspect is. In the guidance it says for any periods you have not lived together explain why, so appears to be open to the fact that a durable couple may not have simply lived together for two years..?

I am a NZer, my partner has NZ and Dutch passports. We are not married and have been together for over six years. We have been living together in the UK for 20 months. Before that we were travelling through Asia for three months. Plenty of docs/proof, joint travel insurance and bank accounts. However before that (for years) we officially lived at our parents houses. He mostly stayed at mine but we have zero proof of this other than requesting a letter. We never got our own place - we were living rent free to save to move here/love each others families/pretty much lived together at mine/parents houses a 12 minute drive apart!

Has anyone been accepted/rejected for a similar case? I was planning on putting forward a good argument and reasoning as to why we did not live together until now.

Does anyone know if the home office count travelling together as part of the two year requirement?

Many thanks

geeb33 wrote:Hi there,

Thanks for all the posts on here, this board has been extremely helpful.

I have a query about the durable relationship aspect for the EEA EFM and how lenient the two year living together aspect is. In the guidance it says for any periods you have not lived together explain why, so appears to be open to the fact that a durable couple may not have simply lived together for two years..?

I am a NZer, my partner has NZ and Dutch passports. We are not married and have been together for over six years. We have been living together in the UK for 20 months. Before that we were travelling through Asia for three months. Plenty of docs/proof, joint travel insurance and bank accounts. However before that (for years) we officially lived at our parents houses. He mostly stayed at mine but we have zero proof of this other than requesting a letter. We never got our own place - we were living rent free to save to move here/love each others families/pretty much lived together at mine/parents houses a 12 minute drive apart!

Has anyone been accepted/rejected for a similar case? I was planning on putting forward a good argument and reasoning as to why we did not live together until now.

Does anyone know if the home office count travelling together as part of the two year requirement?

Many thanks

What constitutes a durable relationship is not clearly pinned down in EU law.
There are EU regulations & also case law that cover this, however there is not even a mandatory defined fixed time period.
Even co-habitation is not a must, as was determined by case law of 'YB'.

HO cops out & tries to apply its definitions & rules from UK Immigration Regulations (hence the HO emphasis on '2 years' & proof of 'living together').
This approach is not based on EU law & also explains some of the case law.

Other areas to investigate that could constitute evidence of a durable & sustained relationship 'akin to marriage' include having joint (future) plans and/or having a child (together).

I don't know about travelling together, but there have been cases (reported in forum) of members who are cruise ship workers, oil rig workers & similar professions;
ie circumstances where people have been in a durable relationship but don't live together per se like an old married couple.
Some of those have gone to appeal & some of them have won their case for RC (or PR) etc.

Thanks for your reply. Are you saying that if we can put forward a decent argument as to why we have not lived together previously then we are in with a shot? Would a letter from a parent saying we stayed together at my house hold any value at all? And possibly a print out that the houses are 12 minutes drive apart? Lastly we have house-sat numerous times for periods of around 1 month - would a letter confirming this by the home owner hold any value?

Many thanks

geeb33 wrote:Thanks for your reply. Are you saying that if we can put forward a decent argument as to why we have not lived together previously then we are in with a shot? Would a letter from a parent saying we stayed together at my house hold any value at all? And possibly a print out that the houses are 12 minutes drive apart? Lastly we have house-sat numerous times for periods of around 1 month - would a letter confirming this by the home owner hold any value?

Many thanks

Yes, a decent argument (backed up by supporting documents) to show why you don't fit the profile of a 'conventional nuclear family' / 'old married couple' (In HO eyes).
After all who is EU let alone UK Gov to dictate how people (couples) live their lives.

Letters from family members may go so far but will also risk being treated as from interested/connected parties.

Do you have evidence of joint activities from the time spent living at parents' houses?
(eg gym memberships, library, voter registration, medical documents, local or national tax documents, any membership of sporting or social clubs or religious group/church/temple/mosque ??)
- these sort of things could help show affinity & the aligned & 'cooperative nature' of relationship even if not 'co-habiting'.

I've seen reference to 'proof of joint plans' too;
so maybe there is something in that area you can put forward too.

Thank you for your help, I'll put forward my best argument!

Lastly, I plan to apply two months before my visa expires. I'm aware it's looking like it will take a good five months before I hear my decision. Once my visa expires can I continue working until I hear a decision? I have been in the same job in accounting for 15 months - my employers would be happy to write in a letter/some sort of request for me to have working rights. Is this an option or is it a straight no to working?

geeb33 wrote:Thank you for your help, I'll put forward my best argument!

This HO guidance may give an idea of how a caseworker may approach & weigh up your case:
https://www.gov.uk/government/uploads/s ... _clean.pdf
- see page 13+
Note comments on page 15 too.

geeb33 wrote:Lastly, I plan to apply two months before my visa expires. I'm aware it's looking like it will take a good five months before I hear my decision. Once my visa expires can I continue working until I hear a decision? I have been in the same job in accounting for 15 months - my employers would be happy to write in a letter/some sort of request for me to have working rights. Is this an option or is it a straight no to working?

Whilst the application for RC is being processed you will receive an interim COA.
The COA for an extended family member generally comes with a 'no work' stipulation.

fyi - unmarried partners are extended family members of their EEA sponsor, they are covered by different, slightly less favourable EU Regulations than direct family members (eg spouses).

Thank you - last question I promise!

I am currently on a tier 5 youth mobility visa. Can I leave the country and apply for a family permit? Will this allow me to continue working? Then apply for a Residence Card?

Thanks

geeb33 wrote:Thank you - last question I promise!

I am currently on a tier 5 youth mobility visa. Can I leave the country and apply for a family permit? Will this allow me to continue working? Then apply for a Residence Card?

Thanks

Yes, you can leave & apply for FP.

Whether employers will accept FP as evidence of right to work is unclear;
Note they are generally not immigration experts but do face penalties for employing 'illegal workers' in UK - so are likely to be reluctant to do so.

Extended family members still have to apply for and be issued with a RC after the initial 6 months of FP.
For direct family members a RC is optional (although desirable if the person wishes to prove their right to work).