EEA2 refused application! what next?

[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...

Why dont u go for marriage??

U were on student visa before?

[fabs312]

wait u mean 9 months living together in total??

[fabs312]

and what kind of questions did they ask u in the questionnaire?

[fabs312]

hi guys,

can someone help me understand this part of my refusal? it states:

"To asses whether your relationship is durable, we would expect you to demonstrate that you have been living together with your EEA national sponsor for a documented and sustained period to warrant a durable relationship. Equally, it is reasonable to expect that you both intend to live together permanently, that any previous relationship/marriage each of you may have had has broken and that the parties are not related by birth. This department will not normally accept that there is a durable relationship where these criteria are not met, though each case is considered on its merit. There will be occasions where the criteria are not met but we accept that regulation 8(5) has been met.

You have not provided sufficient documentation to suggest you in a durable relationship.

Due to lack of evidence submitted this department cannot accept that you are in a durable relationship for the purpose of the EEA regulations. As a result you have failed to demonstrate that you are an extended family member as defined in regualtion 8 of the immigration regulation (EEA) 2006"

i dont get the part they say regulation 8(5) has been met and then in the next paragraph refuse me with reference to regualtion 8(5)... its Really confusing.... any help here?

What do they want? what are they looking for? Nowhere it stated a 2 year period living together for the relationship to be durable. I have reapplied with everything they ask for but not covering that 2 year period? would i be refused again with the same letter??

[vinny]

There will be occasions where the criteria are not met but we accept that regulation 8(5) has been met.

In your case, they have not accepted that regulation 8(5) has been met.

[vinny]

See also Evidence required for durable partners.

[fabs312]

what? i still dont get it... lol

[vinny]

Simply, there is no definition of "durable relationship" in the Directive nor the EEA regulations. The UKVI have chosen to define it the same as for unmarried partners in the Immigration rules.

However, they have sometimes accepted that some unmarried couples with less than 2-years co-accommodation proof, but with a child, for example, may satisfy the requirements.

[fabs312]

we aint got any kids and we are not married...

However we do have financial responsibilities e.g. pay rent, utili. bills, etc... I need to work. my partner cannot support me for a longer period of time especially because we live in london.

This doesnt make any sense to refuse someone just because they havent been living together for 2 years... when couples get together is a 50:50 share/responsibility...

so if im not married and no kids and no 2 year coha. then im likely to get refused again? dafuq?

[Casa]

Quite possibly, but as Obie has advised you could appeal.

[Wanderer]

we aint got any kids and we are not married...

However we do have financial responsibilities e.g. pay rent, utili. bills, etc... I need to work. my partner cannot support me for a longer period of time especially because we live in london.

This doesnt make any sense to refuse someone just because they havent been living together for 2 years... when couples get together is a 50:50 share/responsibility...

so if im not married and no kids and no 2 year coha. then im likely to get refused again? dafuq?

I can understand your frustration but UK immigration laws say 2 years as some sort of proof of commitment like a formal marriage would provide.

There's needs to be a definition, otherwise people would be applying after 2 weeks of a relationship. And also it would disadvantage local applicants who'd have to apply under stricter terms thereby going against the EEA tenet of equality.

[fabs312]

i can understand that but when there is commitment u should not refuse... it takes time to build a relationship and:

not every couple wants to get married even after 2 years realtionship
not every couple want to live together even after a 2 years relationship
not every couple wants to have kids in 2 years time or even 5 years...

its common sense to say: "yes, u must be in a relationship 2 years before u apply". i mean some people might think its cool to cheat the system but if u can provide solid evidence of a 2 year relationship then it should be fine; i just think the 2 year cohabitation rule is really unjust for many couples... (my opinion)

it seems HO likes stress relationships on purpose...

[vinny]

Obviously, the UKVI will continue to use their definition, unless a court says otherwise.

[Obie]

Obviously, the UKVI will continue to use their definition, unless a court says otherwise.

But to be fair on the Courts Vinny , they have said otherwise in cases like YB or Badhoo, unlike in cases like regulation 9 centre of life. But UKVI keep sticking to their guns.

Therefore the only remedy is to appeal or get the same refusal.