Eea permit denied need HELP!!!!!

[maukar]

Hi,

I would appreciate any advice on my queries:

I am a Filipina and my partner is a Dutch national, I applied for an EEA Family Permit an Entry Clearance going to the United Kingdom, unfortunately my application was denied.

They send me a letter stating that:
REFUSAL OF ENTRY CLEARANCE
Your Application
You have applied for admission to the United Kingdom by virtue of European Community Law as the family member of a European Economic Area national who is exercising, or wishes to exercise, rights of free movement under the Treaty of Rome in the United Kingdom.

The Decision
You have applied as the unmarried partner of a Dutch national who is proposing to exercise Treaty Rights by working and living in the UK.

As an unmarried partner you are required to demonstrate that you have been living together in a relationship akin to marriage for a minimum of 2 years. Apart from a few photographs together, there is no evidence that you have an established relationship nor that any relationship you might have now has been akin to marriage for the minimum period.

I therefore refuse your EEA family permit application because I am not satisfied that you meet all of the requirements of Regulation 12 of the Immigration (European Economic Area) Regulations 2006.

Your right of appeal
You are entitled to appeal against the decision under Regulations 29 of the Immigration (European Economic Area) (Amendment) Regulations 2003.
Under Regulation 30 of the immigration (European Economic Area) (Amendment) Regulations 2003 you may only appeal from outside the UK. The appeal can only be made on one or more of the following grounds:
-That the decision breaches rights you have as an EEA National or member of such person's family under Community Treaties relating to entry or to residence in the UK;
-That the decision is othewise not in accordance with the law;
-That the decision is unlawful because it racially discriminates against you;
-That the decision is unlawful because it is incompatible with your rights under the European Convention on Human Rights;

You should not appeal on grounds which do not apply to you.

If you decide to appeal against the refusal of this application, the decision will be reviewed with your grounds of appeal and any supporting documents. You are strongly advised to submit all relevant documents with your notice of appeal, as it may be possible to resolve the points at issue without an appeal hearing.


What would be the best we can do in this matter?
1. to re apply a new EEA family permit or
2. to appeal against the decision under Regulations 29 of the Immigration (European Economic Area) (Amendment) Regulations 2003.

since:
- we are living together for 2.5 years (30months) here in the Philippines, he accepted a job offer in UK .

-we cant get married here because of the bureaucratic reason in Netherlands needing to appear in person for Birth Certificate which is mandatory for a Legal Capacity to get married here in the Philippines, one of the requirements in Dutch Embassy.

-we submit most of the supporting documents needed for my application like, lease of contract, pictures, bank cert, payslip, etc.

-that I am 16 weeks pregnant. In this case, do we need also to provide a letter from my OB GYNECOLOGIST?

Based on this situation, do you think there are any other options for me/us or if I can still get an EEA family permit an Entry Clearance going to the UK.

Thank you for any advice and help you can give me/us.

[John]

we are living together for 2.5 years (30months) here in the Philippines

As an unmarried partner you are required to demonstrate that you have been living together in a relationship akin to marriage for a minimum of 2 years. Apart from a few photographs together, there is no evidence that you have an established relationship nor that any relationship you might have now has been akin to marriage for the minimum period.

So what it comes down to is this. You failed to prove to the ECO that the two of you have lived together for at least two years. So if indeed all you did was supply "a few photographs together" I am not surprised that the application was rejected.

How much proof do the two of you have that you have indeed lived together for at least two years?

[maukar]

Hi John,

We Have a lot of pictures together, report cards from my kids signed by him.
Lease contract of the house.
Letter from his employer in 2009 stating me as his depended.
His current company ID with our address and me in case of emergency to be contacted.
If needed neighbors written testimony that we are living together for 2.5 years on that address.
Internet billing in my name.
Would this be enough please advice...
I reapply Yesterday and have a schedule on Jun 1, his job start Jun 27 and we want to move a week before that.

Thank you so much for you response.

Karen

[John]

So you reapplied yesterday, but what evidence about the two of you living together for at least two years did you supply with the application?

The list items you mention should be fine, but how much of it did you supply?

[maukar]

Hi John,

We applied thru internet the scedule to submit the paperwork is June 1, all papers we mention will be going with the application.
My formal employer will also state in writing that we have been living together since 01/2009

With the first application we supplied photo's, and lease contract of the house we rent with both our names in it. and the contract with job offer from the new employer in UK, together with bank statements, passports and pay slips.


Thanks for the advice you can give to us

Karen

[mulderpf]

How long is the lease contract? Does it date back more than two years? Proving that you signed a lease together 6 months ago doesn't prove to the ECO that you were living together before that.

[maukar]

The lease contract is dated April 2009
with the new application we also submit receipts of cash payment some in his name some in mine since we pay direct to the landlord in cash he always put the name of the person who made the payment.

Karen

[Obie]

It is strictly speaking not a legal requirement, that you have to have lived for 2 years together to qualify. However i strongly agree with John that the evidence they claim you provided in their refusal letter, does not establish durable relationship.

Durable relationship is a community term, which cannot be define by national rules. The Host State is however oblidged to undertake an extensive examination of your personal circumstances, and properly justify any denial of entry or residence.

I believe all the evidence you have stated above, will be sufficient to establish a durable relationship.

[Greenie]

you should also provide them evidence of your pregnancy as this goes to the durability of your relationship

[maukar]

Yes we already asked the OB to write a statement letter of the pregnancy and attached we put the lab reports and ultrasound printout

[maukar]

Hello all,

Miracles do seem to exist since 6 months he is been trying to get his BC so he can get married here, even a friend of him went to the Netherlands on holiday and tried to get his BC with out luck they denied it.
But now a employee there seem to feel sorry for him and send one by mail received today this raises the following questions:
1 when we marry next week and they denied still the partnership and we reapply when married can they still refuse?
2 our original plan was to bring my two kids 5 and 11 years old but we let go off that idea for now because we could not get married and decided to get married in Europe and get the kids after a year.
Now since we are getting married next week and the passports of the kids is also released yes that toke 3 months to get a passport for them is it possible to get them a Eea permit as well.
With the application of mine Eea permit we did not put the kids because it is not possible with out a passport number and the did not have passports.

Thank for all the advice you can give us.

Karen