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applying for residence card as an unmarried partner

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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fabjaim
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Posts: 1
Joined: Mon Jan 28, 2013 2:23 pm

applying for residence card as an unmarried partner

Post by fabjaim » Mon Jan 28, 2013 3:21 pm

I am an American, currently in the UK on a Tier 4 student visa, living with my boyfriend of 6 years. He is in the UK as a Swiss national (he is a dual Swiss and American citizen - we met while both living in the US). He moved here 3 years ago for a job opportunity. I was a student and working in the US when he moved so I stayed for a couple of years and then moved here on a student visa in January 2012. My student visa will expire this May and I would like to stay here to be with him.

We were pretty confident when we started the application process but after reading about other applications being denied we're wondering whether the documentation proving that we are in a durable relationship will be adequate. We aren't doing anything fishy, we just don't have a lot of documents.

We lived together for a year in the US but neither of us can find a copy of that lease. I am not yet on our current lease simply because he had already lived in our flat before I moved here and as the landlord didn't require that I be added to the lease we didn't think anymore of it (my partner contacted the landlord today about adding me but hasn't heard back yet). Likewise, the utilities were in his name and we just didn't add my name. We do have a joint bank account. We share financial responsibilities, we just hadn't even thought about ever needing to prove it to anyone.

We're sort of wondering whether there's any chance that what we can provide is enough. Is it even worth gathering emails, plane tickets, photos, phone records, etc. if we don't have solid documentation of cohabitation for more than 2 years?

Thanks in advance for any advice you can offer.

Jaimie

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Mon Jan 28, 2013 4:11 pm

The important thing is establishing factual nature of your relationship. Simply saying you are boyfriend and girlfriend going on adventure or wild holiday is not sufficient. There has to be more, if you are unable to establish joint cohabitation over this period. Just financial committment will help, and if there are any recommendation from friend and family, attesting to the seriousness of your relationship.

Best of luck.
Smooth seas do not make skilful sailors

flipper77
Member
Posts: 167
Joined: Fri Nov 09, 2012 7:28 pm

Re: applying for residence card as an unmarried partner

Post by flipper77 » Mon Jan 28, 2013 5:29 pm

fabjaim wrote:I am an American, currently in the UK on a Tier 4 student visa, living with my boyfriend of 6 years. He is in the UK as a Swiss national (he is a dual Swiss and American citizen - we met while both living in the US). He moved here 3 years ago for a job opportunity. I was a student and working in the US when he moved so I stayed for a couple of years and then moved here on a student visa in January 2012. My student visa will expire this May and I would like to stay here to be with him.

We were pretty confident when we started the application process but after reading about other applications being denied we're wondering whether the documentation proving that we are in a durable relationship will be adequate. We aren't doing anything fishy, we just don't have a lot of documents.

We lived together for a year in the US but neither of us can find a copy of that lease. I am not yet on our current lease simply because he had already lived in our flat before I moved here and as the landlord didn't require that I be added to the lease we didn't think anymore of it (my partner contacted the landlord today about adding me but hasn't heard back yet). Likewise, the utilities were in his name and we just didn't add my name. We do have a joint bank account. We share financial responsibilities, we just hadn't even thought about ever needing to prove it to anyone.

We're sort of wondering whether there's any chance that what we can provide is enough. Is it even worth gathering emails, plane tickets, photos, phone records, etc. if we don't have solid documentation of cohabitation for more than 2 years?

Thanks in advance for any advice you can offer.

Jaimie
Jaimie,

Would it not be better to have the landlord write a letter, stating that you moved in on 'x' date, however they had no requirement to add you to the Lease. Adding you to the lease now doesn't prove anything - except that as of now, you are on the lease.

If you have joint financial commitments, don't you receive joint bank statements, to the same address? Also, don't you both receive individual bank statements to the same address (if you receive 'paperless' statements, the statements are still available to print - or for older statements, you may need to pay the bank to provide them). Did you apply for a NI Number when you moved here? Do you have a letter confirming your appointment?
EEA2 Application sent: 09/10/2012
Received by UKBA: 10/10/2012
COA received: 19/10/2012 (dated 17/10/2012)
Passports requested: 14/11/12, 28/11/12 & 12/12/12 (email) and 11/12/12 (mail)
Passports received: 17/12/2012
RC received: 14/02/2013

EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 8:22 pm

Re: applying for residence card as an unmarried partner

Post by EUsmileWEallsmile » Mon Jan 28, 2013 8:48 pm

fabjaim wrote: He moved here 3 years ago for a job opportunity. I was a student and working in the US when he moved so I stayed for a couple of years and then moved here on a student visa in January 2012.

We do have a joint bank account. We share financial responsibilities, we just hadn't even thought about ever needing to prove it to anyone.
It would appear that you have lived together most recently for a year. You appear to have lived together in the US for a period of time, but that was some time back.

The UK prefers 2 years co-habitation, but it is not an absolute rule for EU type applications.

It is worth reading this document for some guidance (see especially page 4). http://eur-lex.europa.eu/LexUriServ/Lex ... FIN:EN:PDF

Are you both registered for council tax?

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