Immigrationboards.com

Dear Gurus and all forum members,

I recently applied for eea family permit and got refused by the UK Embassy in Dublin Ireland.

I'm from Malaysia and have been living in Ireland since 2001. I started seeing this Irish girl since 2006. In 2010, the Irish immigration granted us de-facto relationship status (equivalent to unmarried partner status in UK)

When I apply for EEA family permit in UK, I produced all the following documents.

1. TV licence (in her name) for all three addresses that showed us living together. Electricity bills in her name. Sky bill in my name. Vodafone bill. Health insurance, tax letter from government all in our name independantly. Bank account statements with addresses. Delivery invoice for online shopping with her name and my name on it. We managed to proof we been living together since 2006 even though we moved house 3 times.

2. Bank account details that showed we can support ourself for more than 12 months living in UK.

3. We also give them 20 photos showing we are a happy unmarried partners. Only one of the photo is dated back in 2006.

4. Letter from the department of justice in Ireland which granted our de-facto relationship status in Rep of Ireland in Feb 2010. The requirements for de-facto relation in ireland are pretty similar to UK. living together for 2 years or more with appropriate documents to proof it.

5. Flight itenary with both our name on it in 2 different occassions. One with Emirates and the other one is with ryanair - dated in 2008 and 2009.

I was naive and thought that it should be straight forward procedure since it is just a straight forward conversion from Irish equivalent to UK version. However, on the seventh day after our submission of the VAF form, the sent us the passport back saying I failed to meet their requirement and we are not genuine couple. The offer us the opportunity to appeal the decision.

After going through some post in this forum, we decided to reapply this EEA family permit given that the processing time is much shorter than appealing the case.
However, the only additional documents we can provide them are 2 of our kinky emails dated back in 2006. Apart from that, we really struggle to think of what else can we give them. Some of the pictures have no date on them but I can trace the date by going to the picture's properties in microsoft window to check when it was taken. Then, I did a print screen just to show them the date together with the picture that was taken with the properties box to proof the date. (if you know what I mean)

In our first application, we gave them all original copies but they didnt return any of these copies except our passports. If we give them more original copies for this reapplication and if same thing happen, we might run out of documents to send to them for our next application.

Can anyone tell me did i produced weak documents to support my case or how can I make the reapplication become success. Also, should I forget about the reapply or appeal?

seriously need your help.
much appreciated
J

You seem to have sufficient proof. Appeal and reapply.

vinny wrote:You seem to have sufficient proof. Appeal and reapply.

Thx Vinny, the link that you provided is bang on. Do you think it is unusual for home office to ignore or reject other EEA country's unmarried partner equivalents. Don't you think that it is quite ignorant?

Also, do you think home office consider printed email conversation as an original copy. Or printed flight itenary? Or online purchases invoice?

cheers

What were the reasons for refusal as failure to give a reasoned reason for refusal is in itself contrary to the directive.

You should enquire the reason why your document were not returned.

Once you have received it, then you can appeal and reapply as Vinny stated.

You seem to have provided sufficient document to prove a durable relationship

The ECO Decision:

You have applied for an EEA Family Permit as a person who is in a durable relationship with an EEA national. You have failed to prove that you are in a durable relationship with an EEA national.

Whilst I note that you have provided some documents such as utility bills which suggest you have resided at the same address, the only document in your joint names provided is an invoice from 2007. Whilst I note that you have provided a document from the Irish authorities confirming that you are registered as the partner of the EEA national, you have not provided sufficient documentary evidence to demonstrate that you have been in durable relationship for at least 2 years. I am therefore not satisfied that you are related as claimed to the EEA national and am therefore not satisfied that you are the family member of an EEA national in accordance with Regulation 7 of Immigration (EEA) Regulations 2006.


The above is the verdict.
I think they are keeping the documents for the appeal purposes.
I gave them the letter from the department of justice confirming our unmarried partner status in Ireland. That is the only letter that I have from the Irish Authorities. But now the ECO claimed that the letter is not sufficient to prove my case, I really don't know what else?

How about getting lots of witness statements from both of your families, and your friends. Can you show you took her to meet your family in Malaysia? If you have been an item for over two years there must be many people who can testify to the fact.

In addition to the above, i believe you should appeal and reapply. That way the ECO/ECO will have 2 opportunities to review your application.
If they are satisfied fine, if not, you will have the opportunity of an appeal without you time being wasted any further.

To succeed in obtaining residency as unmarried partner in Ireland is pretty difficult.

I find it strange that one would succeed under Irish rule and fail to obtain an EEA family permit, when the authorities are satisfied you are living as common law partners.

You have been living in Ireland for more than ten years. Can't you solve your problem by applying for citizenship?

so what was in Kinky letters

Punjab wrote:so what was in Kinky letters

haha. things that you don't write to your normal friends or parents.

Unfortunately, the immigration officer who refused my application is the exceptional one.
the cheek of ya

Rolfus wrote:You have been living in Ireland for more than ten years. Can't you solve your problem by applying for citizenship?

Six years as a student and they won't count your student period. My valid duration only start from 2007. I am qualified to apply for citizenship, but the new rules in Ireland stated that you have to be in the country for at least 365 days continuously upon your application. I went home for holiday last November and therefore will have to wait till Nov 2012. Sickening

Obie wrote:In addition to the above, i believe you should appeal and reapply. That way the ECO/ECO will have 2 opportunities to review your application.
If they are satisfied fine, if not, you will have the opportunity of an appeal without you time being wasted any further.

To succeed in obtaining residency as unmarried partner in Ireland is pretty difficult.

I find it strange that one would succeed under Irish rule and fail to obtain an EEA family permit, when the authorities are satisfied you are living as common law partners.

One thing that might have caused the refusal is the Department of Justice or Immigration in Ireland only issued me with an A4 page letter to certified me as an unmarried partner status. I got this one page letter in April 2010. Since then, I have to renew every year in the local immigration office. I have to bring this letter together with the utility bills to show me and my partner are still living in the same address, in order to get another year of renewal. I also got a resident card for every year from the renewal but the card only show stamp 4 but not unmarried partner.
When I submit this letter to the UK Embassy as part of the supporting document, they might think that it is not enough to prove anything because it is just a very simple letter. I didnt give them the original resident card though, just a photocopy.
The reason of this is because I read from somewhere in the home office website that the UK clearance officer will cross check with the Irish authorities to confirm my status in Ireland is under defacto relationship.

Either way, I don't think they buy the letter at all from the Irish authorities.