Flr (fp) refused out of country appeal

[acespace]

Hi everyone,

I made a previous post about my refusal. I got my flr fp refusal this month I have been allowed appeal outside uk as my claim have been certified " unfounded " under s94. My
3c leave has stopped as my previous leave was student before flr fp . I came in U.K. In Feb 2007 and want to benefit from Ilr after 10 year . I wanted to apply for eea partner visa as my girlfriend is an eea national . Is it possible to apply for it ? As I don't have leave to be on uk at present or do I have to back once ? Also if my application is in process and it goes on until next year can I withdraw it and apply for Ilr ? Any kind suggestions will be highly appreciated ! Thanks

[Casa]

Have you been living with your girlfriend in a durable relationship 'akin to marriage' for 2 years and have the documented evidence to support this?

[acespace]

Have you been living with your girlfriend in a durable relationship 'akin to marriage' for 2 years and have the documented evidence to support this?

Not 2 years as she lived with her friends but we recently starting living .she started supporting me about few months ago as she got a good job now and and I am jobless . My main concern is the 3c leave which has stopped due to refusal of flr fp . If I apply for eea partner would it reinstate the 3c and then if I withdraw the application next year when I qualify for Ilr would it be ok ?

[Obie]

Section 3C will not be reinstated unless the certificate is found to be unlawful.

If you are put on temporary admission and subsequently issued a residence card, then you will be able to qualify for ILR.

However you may need to demonstrate durable relationship, which is not necessarily analogous with 2 years relationship.

[acespace]

Section 3C will not be reinstated unless the certificate is found to be unlawful.

If you are put on temporary admission and subsequently issued a residence card, then you will be able to qualify for ILR.

However you may need to demonstrate durable relationship, which is not necessarily analogous with 2 years relationship.

Thanks for advice . Even if my section 3c isn't reinstated as its finished at the moment . Can I apply for eea partner route ? According to 28 day rule ? Under what circumstances would be put on a temporary admission ? Also please let me
Know what you know what you mean by "not necessarily analogous with 2 years " thanks

[acespace]

Section 3C will not be reinstated unless the certificate is found to be unlawful.

If you are put on temporary admission and subsequently issued a residence card, then you will be able to qualify for ILR.

However you may need to demonstrate durable relationship, which is not necessarily analogous with 2 years relationship.

Dear obie ,

I hope you remember there was a similar case with another person on forum he applied for flr fp and got refused and certified and he applied for another flr fp fresh application . You advised him that his 3c has stopped and it sounded reasonable because I know after getting a letter which says liable to be detained the leave stops but he got biometrics and then varied his application to Ilr when 10 years were complete got it . I wanted to know if I apply for fresh application now within 28 days and then vary it would it work ? My refusal letter does says refused and certified flr fp and liable to be removed and may be put on reporting but it doesn't says section 3c leave stopped . Please let me know if the same thing will work for me ?

[Casa]

UKVI Guidance to Case Workers:
Evidence required for durable partners
The applicant and the EEA national sponsor must have been living together in a relationship
similar to marriage which has subsisted (continued in existence) for at least two years. The
evidence the applicant can provide may include (but is not limited to):
 Proof that any previous relationship has permanently broken down:
o degree absolute for marriages
o dissolution order for civil partnerships.
 Evidence of cohabitation for at least two years:
o bank statements or utility bills in joint names at the same address
o rent agreements
o mortgage payments
o official correspondence which links them at the same address.
 Evidence of joint finances, joint business ventures and joint commitments:
o tax returns
o business contracts
o investments.
 Evidence of joint responsibility for children such as a birth certificate or custody
agreement demonstrating that the two parties claiming to be in a durable relationship
are cohabiting and sharing responsibility for children.
 Photographs of the couple.
 Other evidence demonstrating their commitment and relationship.

You must always consider the individual circumstances of the application and consider
(Amendment) (No 2)
regulations 2012
The Immigration (EEA)
(Amendment)
Regulations 2013
Page 14 of 38 Extended family members of EEA nationals – v2.0 Valid from 7 April 2015
whether it is appropriate to use discretion. For example there may be instances when the
two year rule is not satisfied but the couple have a child together. In these circumstances
you can use your discretion if there is enough evidence. For example, a birth certificate
showing shared parentage has been provided with evidence of living together.
You must refer to a senior caseworker if you doubt whether the level of evidence provided is
enough to demonstrate a relationship exists.