EEA2 refused application! what next?

[fabs312]

Hi Guys,
I am an unmarried partner to a spanish citizen. Met her 2 years ago and living together for only 10 months.
the docs sent:Passports, tenancy agreement, joint bank statements, photographs, supporting letters from friends-

Refused application with right of appeal

The reason for the refusal: "you have not provided sufficient documentation to suggest you are in a durable relationship."
I know also there is the 2 years living together requirement... but the refusal letter hasnt stated anything about number of months or years. but it does say : " living together for a documented and sustained period to warrant a durable relationship." I am just not sure if we reapply they are going to reject again with the same reason.

Shall we appeal the decision , reapply or request a consideration?
can someone shed in some light to my case?

Much Appreciated

[Obie]

Appeal and if your relationship is serious enough, consider marriage.

[fabs312]

the relationship is serious... yh we were considering marriage but maybe not especially because my passport is with the Home office.
do u think by appealing i will have more of a fighting chance?
What are the chances if appeal and reapply at the same time?
Not sure whether Home office is going to raise the durable relationship issue (2years co-ha)

[Obie]

There is a chance coz prior to the hearing, the relationship would have endured For A Much Longer Period.

[fabs312]

How long to get a hearing date?
4 months?? do u know?

[Obie]

Depends on the region in which you are based.

[fabs312]

London! South London!
any idea?

[Obie]

Well your rep , if you have one, should be able to discuss the turnaround times.

But London generally takes a bit longer.

[fabs312]

how long on average? do u know?

[fabs312]

Hi Guys,


What are the chances to win the Appeal for Residence Card? and how long will it take?

My application was refused on durable relationship grounds. Not enough evidence.
We do not have 2 years cohabitation, not married and no children.
We've met 2 years ago but only have lived together for 1 year.

docs we are thinking to send for the appeal process:

2 joint bank accounts, council tax bill, 2 tenancy agreements, pictures together, pay-slips and employment contract from my partner

What else u guys think i need to send? are these enough?

Help plz?


Cheers

[fabs312]

Hi guys,

I have been to the lawyer and i was advised to reapply to eea2 after refusal.

My quesstion is:

We dont have 2 years living together. We have 2 years relationship and 1 year living together.

How can i prove my the durable relationship part if it says strictly 2 years? i can back dated my bank statements in both of our names for 2 years from 3 different banks but thats about it... and the rest of the docs they request i only have up for a year (all of them: tenancy agreements, council tax bill, dvla, tv licensing, dwp letters, electricity bills, nhs letters, photographs,etc... ).


Any good advice on how to make a good application this time ?

[Casa]

Why was the previous application refused? Lack of evidence?

[fabs312]

y basically... to be honest i think they didnt even look through the whole evidence... the refusal didnt state: must be living for a 2 year period... but it did say: living for a sustainable and documented amount of time...

but now i have much more evidence than before... i can provide everything they ask for but not for the 2 year period ... i can provide everythin for up to a year plus a couple.of months...

so im not sure how to go about the application

any advice?

[Obie]

The lawyer is very wrong about not appealing . Itis of utmost importance that you pursue the right of appeal you have.

The is no 2 years rule in the Regulations or the Directive in particular, so that should not be a basis for successful application.

[fabs312]

the lawyer said either appeal or reapply... both are good but she said appealing would take at least 9 months for a hearing date... whereas reapplying 4 to 5 months... she said it would be counter productive to appeal as more money and time would be spent... i live in london... she said the hearing dates are taking that long

[Obie]

Appeal and reapply is an option open also.

[chriskv1]

y basically... to be honest i think they didnt even look through the whole evidence... the refusal didnt state: must be living for a 2 year period... but it did say: living for a sustainable and documented amount of time...

but now i have much more evidence than before... i can provide everything they ask for but not for the 2 year period ... i can provide everythin for up to a year plus a couple.of months...

so im not sure how to go about the application

any advice?

They didn't state 2 years because there is no law that requires the same .
I would suggest that you appeal and show your evidences in court .I personally would say you have a better chance if you appeal rather than reapply ,Just because I believe a judge makes a better decision than the home office minions .(its just my personal opinion , May not be a fact)
I have faith that you will succeed in an appeal .
Just think of it this way , A new application would take 6 months , An appeal maybe 8 . But in those 8 months you'd have lived together more and you can gather more documents during this time . And moreover , Just because you didn't live long enough together doesn't suggest that your relationship is not durable .

How long have you been together by the way ?
Even if you don't have documentary evidence , Do you have conversation logs that date back and make up for the documents that you don't have ?

[fabs312]

yh we do have logs of wtsapp convos and emails exchange since august 2013 so 2 years exactly of relationship and we lived 1 year together.... so are the logs proof of durable ralationship? not sure if its considered solid evidence but its listed in the guidance notes as evidence

[Obie]

Everything will be considered.

[chriskv1]

yh we do have logs of wtsapp convos and emails exchange since august 2013 so 2 years exactly of relationship and we lived 1 year together.... so are the logs proof of durable ralationship? not sure if its considered solid evidence but its listed in the guidance notes as evidence

Yes . The logs are proof of existence of your relationship pre dating you moving in together.
Even though you got rejected , Be happy that they claimed not enough evidence of time spent together . Because you can easily overthrow this in a court .


Best of luck to you and your partner.

[PutiniEEA]

When did u apply for this and when did u get refusal


?????


How did u get refusal by post or they visit ur house??

U should go for appeal

[PutiniEEA]

Did u receive any questionaire during process or interview??

[fabs312]

I applied beginning of March and got refused on the 27th July...

nope... no questionnaires or interview... just a straight refusal... according to the refusal letter i think they believe we are genuine... but the documents we sent werent enough to prove durable relationship... tbh i think they didnt even look through the docs we sent

now we are making a fresh application... we have a massive folder with all the docs they request... we've been in a relationship for 2 years but only 1 year living together... so most of the docs are back dated up to one year, only statements from joint accounts are back dated 2 years...

So i am not sure if that 2 years coha. is set in stone1? I mean HO is stupid... i need to work... we have financial commitment together...

They are putting us through hell tbh... all this stress does greatly affect any relationship...

[Obie]

They may well refuse again as they insist on the 2 years , which I have no hesitation in concluding is wrong in law.

You are strongly advised to put in a appeal aswell , in case they refuse and you have to restart the clock again.

[PutiniEEA]

I applied beginning of March and got refused on the 27th July...

nope... no questionnaires or interview... just a straight refusal... according to the refusal letter i think they believe we are genuine... but the documents we sent werent enough to prove durable relationship... tbh i think they didnt even look through the docs we sent

now we are making a fresh application... we have a massive folder with all the docs they request... we've been in a relationship for 2 years but only 1 year living together... so most of the docs are back dated up to one year, only statements from joint accounts are back dated 2 years...

So i am not sure if that 2 years coha. is set in stone1? I mean HO is stupid... i need to work... we have financial commitment together...

They are putting us through hell tbh... all this stress does greatly affect any relationship...

In my case, my relation is 3 years older , living together from 9 months,

I applied in end of feb, and its pending

I received questionaire and posted last week.