Successful EEA Family Permit appeal (unmarried partners)

[soniac]

Hi everyone,

I am so happy to report that after months of waiting, my partner's family permit has been granted. The embassy sent us an email yesterday to inform us that the ECM has overturned their original decision.

We are so excited as his passport has been requested in order to get the necessary stamp in it so he can finally come to the UK.

Now since we were refused initially based on ot having evidence of cohabiting, I gathered all evidence I could to show we are in a durable relationship, and althoug no formal lease agreements, we had many statements confirming we had lived together, etc.

My question now for when he arrives is. Will he be able to look for employment with the family permit in his passport, or must we apply immediately for the EEA2? If we do, do I just submit the same evidence I did for the appeal to show our 2 year relationship? I kind of want to get a head start so we can do everything as soon as he arrives so he can get working as soon as possible.

Thanks everyone.....

Sonia

[EUsmileWEallsmile]

I have to say, I am delighted for you. It's really great news.

Have you considered reclaiming the £80 appeal fee (might not work in your case given that you introduced new evidence, but maybe worth a punt nonetheless).

Cheers!

[EUsmileWEallsmile]

My question now for when he arrives is. Will he be able to look for employment with the family permit in his passport, or must we apply immediately for the EEA2? If we do, do I just submit the same evidence I did for the appeal to show our 2 year relationship? I kind of want to get a head start so we can do everything as soon as he arrives so he can get working as soon as possible.

I was so delighted that you've had success that I'd missed your question...

As a recognised EEA family member, he will be entitled to work. Please don't delay in applying for EEA2. As I recall, you already work in the UK so this will not be a problem. He should receive a COA immediately, which will make it much easier to prove employment rights than just with the family permit.

Given your previous experiences, don't be ashamed to ask for priority up-front.

[soniac]

THANK YOU THANK YOU!!! I know, great news isn't it?!?! Couldn't believe we received an email, I really thought it was going to be a much longer wait, but was well pleased with the final result.

Now as I have began looking at the UK Border Agency website, I have just come across this in regards to the COA. So they are basically saying he may not be issued a COA due to the following reasons!!!

[i]Why doesn't my certificate of application give me permission to work while my application is being considered?

There may be a number of reasons why we cannot confirm that you have a right to work in the UK. The main reasons are listed below:
If you are the unmarried partner or an 'extended family member' (such as a brother or sister) of an EEA national, you do not have an automatic right or entitlement to live in the UK with them. Until we have fully considered your application and determined that you qualify under the European regulations, we cannot confirm your right to work in the UK.

[Jambo]

This is only true if the RC application is the first time the HO learn about the relationship (i.e. both have been living in the UK already and now applying as unmarried partners). In your case, the HO has examined the relationship and (now) agreed it is genuine so the unmarried partner should be treated as a family member and the CoA should allow employment.

[soniac]

Ok great, thank you for clarifying that.

Now in regards to supporting documents, what should I include in this application apart from our passports and my proof of employment?

My partner will not be on the lease agreement as I have been living at this property since February, however should I see about adding his name to the utility bills? And if so, should we have 3 months of this before submitting the application?

And I will certainly write a strong cover letter informing them of the process and waiting period we had to endure, so hopefully they will prioritize our application.