EEA Family Permit (Unmarried Partner)

[expat2013]

Hi All,

My girlfriend and I will be applying for the EEA Family Permit. I hold dual citizenship (US & French). I was transferred to London about 8 months ago on a permanent basis. My girlfriend joined me for about six of those month under her right as a US citizen. She has since returned to the states and applied for general visitors visa. That was rejected on the grounds that she did not have any economical ties back home resulting in little intent to return.

We have since decided that EEA Family Permit is the best route for us. We are aware that we need to prove that we are in a "durable relationship akin to marriage". We have almost three years of living together (with co-signed leases), joint savings account, 401k beneficiary statements, pictures, tickets, etc.

I want to feel confident that we should get approved, but we also felt that way with the original visitors visa.

I will start by asking one question/concern: the lease we signed is on a rental property that her father owns. This shouldn't be an issue, correct? Her father owns multiple rental properties. Is there need to provide proof of this?

[frei]

It shouldn't be a problem that her father own the property, however it is best to provide evidence and a cover letter explaining the situation. you should be fine.

[flipper77]

It shouldn't be a problem that her father own the property, however it is best to provide evidence and a cover letter explaining the situation. you should be fine.

I would tend to disagree with this. For one, how is it obvious that the rental property belongs to her father - and even if it is fairly obvious (e.g. an unusual last name) - what does it matter who the landlord is?

It is often better to give the UKBA only the information they require, and not anything more. The more information you provide, the more reasons they have to reject (rightly or wrongly) your application.

[expat2013]

It shouldn't be a problem that her father own the property, however it is best to provide evidence and a cover letter explaining the situation. you should be fine.

I would tend to disagree with this. For one, how is it obvious that the rental property belongs to her father - and even if it is fairly obvious (e.g. an unusual last name) - what does it matter who the landlord is?

It is often better to give the UKBA only the information they require, and not anything more. The more information you provide, the more reasons they have to reject (rightly or wrongly) your application.

His name is on the lease as the landlord. I was considering including tax records proving he is the owner of the rental property...But as I type this I realize how ludicrous that sounds.

Flipper, you're absolutely right though. I should only provide what the UKBA asks for and nothing more. It can only lead to unneeded probing, especially considering the fact that the requirement for cohabitation has been met.

It really comes back to being rejected for the visitor's visa. We didn't provide nearly enough information, so we're in overkill mode.

[frei]

You may be right, but you should also understand partners do not get automatic right as couples, and more scrutiny would be applied when making this application.

If there is anything in the name and documents to be presented that would arose a suspicion it is better to explain it beforehand.

I agree that if there aren't anything to show that her father owns the property it is better to leave it at that.

It does matter who the landlord is, in the sense that anyone could claim cohabitation by providing documents to suffice an application which in reality they had not even cohabited as expected getting such documents from a family member is much easier

[expat2013]

You may be right, but you should also understand partners do not get automatic right as couples, and more scrutiny would be applied when making this application.

If there is anything in the name and documents to be presented that would arose a suspicion it is better to explain it beforehand.

I agree that if there aren't anything to show that her father owns the property it is better to leave it at that.

It does matter who the landlord is, in the sense that anyone could claim cohabitation by providing documents to suffice an application which in reality they had not even cohabited as expected getting such documents from a family member is much easier

Right, and that's what my dilemma revolves around. We lived together and have proper documentation to support that, however it could be viewed differently.

Also, when we first arrived in London, my company provided us with a hotel apartment for 3 weeks followed by a flat for the following six months. I have a letter from the hotel and the landlord stating we lived together. I am hoping this shows continuation of cohabitation as well.


Much of our documentation is associated with that address in the states. But it really is a tough decision.

[frei]

I think you are good to go, you seem to have strong documents to prove you are cohabiting. you shouldn't have problems with regards that.

[expat2013]

Another concern I have is that my girlfriend was already in the UK for 6 months within a 12 month period. From my research on forums and the UKBA website, there doesn't seem to be a set rule that is enforced but rather a guideline.

And my understanding is that the EEA family permits are to be based on the EU Regulations and not UK Immigration rules.

Is my assumption correct?

[frei]

Another concern I have is that my girlfriend was already in the UK for 6 months within a 12 month period. From my research on forums and the UKBA website, there doesn't seem to be a set rule that is enforced but rather a guideline.

And my understanding is that the EEA family permits are to be based on the EU Regulations and not UK Immigration rules.

Is my assumption correct?

Yes you are correct. EEA regulation is distinct from the UK immigration rules

[Directive/2004/38/EC]

If you were married, she could just get on the plane to fly to the UK.

Since you are not married, you need to show that you have a long term relationship. I think you have quite a bit of evidence of this. She should apply for an EEA Family Permit since she has already been refused, and the application will establish that she is covered by EU law.

[Obie]

don't open multiple threads please