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EEA Family Permit - Fiancee - Durable Relationship?

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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chigirl
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Joined: Sat May 04, 2013 1:27 am

EEA Family Permit - Fiancee - Durable Relationship?

Post by chigirl » Sat May 04, 2013 1:37 am

I'm a US citizen and am recently engaged to an Italian living and working in the UK since 1999. We met in 2010 and began dating long-distance in late 2010 -- and are officially engaged as of last month. Our whole relationship has been long-distance, but we fly and see each other every other month or so, our visits lasting usually a minimum of 10 days. We haven't missed a holiday together since we met.

We have tons of pictures from our trips, both been to meet each other's families multiple times, shared vacations, but no joint bank accounts or leases, etc.

What are the chances that this will be determined as a durable and sustained relationship under an EEA Family Permit?? Our instinct is to provide as much information as possible to compensate for the lack of financial documents -- is this wrong?

THANK YOU!!

wiggsy
Senior Member
Posts: 849
Joined: Sun Jan 06, 2013 6:59 pm
Location: Warwickshire, UK

Re: EEA Family Permit - Fiancee - Durable Relationship?

Post by wiggsy » Sat May 04, 2013 2:14 am

chigirl wrote:I'm a US citizen and am recently engaged to an Italian living and working in the UK since 1999. We met in 2010 and began dating long-distance in late 2010 -- and are officially engaged as of last month. Our whole relationship has been long-distance, but we fly and see each other every other month or so, our visits lasting usually a minimum of 10 days. We haven't missed a holiday together since we met.

We have tons of pictures from our trips, both been to meet each other's families multiple times, shared vacations, but no joint bank accounts or leases, etc.

What are the chances that this will be determined as a durable and sustained relationship under an EEA Family Permit?? Our instinct is to provide as much information as possible to compensate for the lack of financial documents -- is this wrong?

THANK YOU!!
UKBA state you need 2 years of co-habiting. HOWEVER: its all worth a shot... if you can prove that you "co-habited" then :)

does your partner have leave in the USA? / passport stamps, plane tickets etc... a person can reside in two places at once...

note if uk refuse your EEA FP, it could affect your leave on the visaless entry...

chigirl
Newly Registered
Posts: 4
Joined: Sat May 04, 2013 1:27 am

Re: EEA Family Permit - Fiancee - Durable Relationship?

Post by chigirl » Sat May 04, 2013 2:22 am

UKBA state you need 2 years of co-habiting. HOWEVER: its all worth a shot... if you can prove that you "co-habited" then :)

does your partner have leave in the USA? / passport stamps, plane tickets etc... a person can reside in two places at once...
Yes, his has the most stamps. We also put all our flights in a spreadsheet -- around 25 -- and we always co-habitated at each other's residences. Would letters from landlord and close friends help the app??
note if uk refuse your EEA FP, it could affect your leave on the visaless entry...
Did not know that! Would they be afraid we'd run off and get married?

wiggsy
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Joined: Sun Jan 06, 2013 6:59 pm
Location: Warwickshire, UK

Re: EEA Family Permit - Fiancee - Durable Relationship?

Post by wiggsy » Sat May 04, 2013 2:29 am

chigirl wrote: Did not know that! Would they be afraid we'd run off and get married?
UKBA will mark a file on your name with the decision, it could mean that the entry clearance officer might be "unwilling to accept you wish to leave after your trip"...

note: even with a visa admission can be refused.

if you plan to get married, i would suggest come on the visaless entry, get married and then just apply for a EEA spouse RC.

chigirl
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Joined: Sat May 04, 2013 1:27 am

Post by chigirl » Sat May 04, 2013 2:38 am

wiggsy,

Thank you for clarifying. We do plan on marrying, just not immediately. Our first goal is to get into the same time zone!!

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sat May 04, 2013 7:02 am

I would have said that your case to be considered to be an other family member (durable partner) is rather week. Rights under this category are not automatic.

Bear in mind that a refusal could impact future visa-free entry to the UK as a visitor.

chigirl
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Joined: Sat May 04, 2013 1:27 am

Post by chigirl » Sat May 04, 2013 4:36 pm

Thank you, EUsmileWEallsmile. Would emails, skype calls, phone records help our case? Letters from friends and landlords verifying cohabitation during our visits?

Also, I'm interviewing for an internal transfer to the UK very soon - if I apply for the EEA FP, but then get the job, would the EEA FP hurt chances of a work permit?

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sat May 04, 2013 7:46 pm

What you need to understand is that applying in the category you plan to is not automatic. The authorities have a measure of discretion in terms of deciding to grant or not. They will expect two years' co-habitation as a starting point (though it is possible to succeed with less).

This contrasts with the situation for family members such as spouses, where rights are clearly spelled out.

Rejection of the family permit may impact on other applications made under the immigration rules (in terms of credibility).

So think carefully.

A&A
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Post by A&A » Sat May 04, 2013 7:57 pm

chigirl wrote:Thank you, EUsmileWEallsmile. Would emails, skype calls, phone records help our case? Letters from friends and landlords verifying cohabitation during our visits?

Also, I'm interviewing for an internal transfer to the UK very soon - if I apply for the EEA FP, but then get the job, would the EEA FP hurt chances of a work permit?
GOOD LUCK WITH YOUR APPLICATION.

I guess it all depends on how good is your paper work. The UKBA like to see physical paper work of the application in good shape before deciding in your favour.
One God we believe in.

May he bless UKBA with thought to think before refusing any application.

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