EEA2 Unmarried - Has anyone got this before ? UKVI Letter

[chriskv1]

Hi guys , I submitted my application as an unmarried partner of EEA national December 2014 , Within 2 weeks I got COA (No right of work).

Now 2 weeks ago they send me another questionnaire , Asking me and my partner to explain where we met , how we met . And to attach any additional evidence .

The questionnaire said that we have satisfied one or more of the published criteria and they need to ask a few more questions before making a decision ?

We have been together for 19 months now .

Is this a good sign or a bad sign.
Obie ? please reply.

Thanks

[Hubba]

Hi guys , I submitted my application as an unmarried partner of EEA national December 2014 , Within 2 weeks I got COA (No right of work).

Now 2 weeks ago they send me another questionnaire , Asking me and my partner to explain where we met , how we met . And to attach any additional evidence .

The questionnaire said that we have satisfied one or more of the published criteria and they need to ask a few more questions before making a decision ?

We have been together for 19 months now .

Is this a good sign or a bad sign.
Obie ? please reply.

Thanks

You need to be together for at least 2 years to qualify for EEA2 as an unmarried partner.

https://www.gov.uk/government/uploads/s ... _0_EXT.pdf , page 6.

[chriskv1]

*living together for 19Months .allow me to correct myself
I'm aware of the rules . That wasn't my question.
Thanks for your reply

[chriskv1]

I've never seen anyone else getting such a letter . What published criteria have we qualified for . It's really a bit unclear. And it wasn't well written either.
also they asked us what languages we speak and the languages we have in common . ( we speak 2 languages .wwhich we both we have in common.)

[Casa]

They're obviously checking to see if you are a genuine couple, living in a relationship 'akin to marriage' and not simply 'boyfriend and girlfriend' or one friend helping the other out with a visa application (flat mates for example). Unmarried partner applications come under a great deal of scrutiny.

As you say you are aware of the rules, you probably know that you may be refused for being short by 5 months of the required 24 month co-habitation period.

[Wanderer]

They're obviously checking to see if you are a genuine couple, living in a relationship 'akin to marriage' and not simply 'boyfriend and girlfriend' or one friend helping the other out with a visa application (flat mates for example). Unmarried partner applications come under a great deal of scrutiny.

As you say you are aware of the rules, you probably know that you may be refused for being short by 5 months of the required 24 month co-habitation period.

Yup - 24 months is generally written in stone....

[chriskv1]

As far as I'm aware there is no requirement for us to be living together for 24 months. Just for the relationship to be subsisting for 24 months . I know many cases where people hgo have got rc after living for 18 months or so. But they were together for longer than that. But then again it really depends on the caseworker I guess.

[Wanderer]

As far as I'm aware there is no requirement for us to be living together for 24 months. Just for the relationship to be subsisting for 24 months . I know many cases where people hgo have got rc after living for 18 months or so. But they were together for longer than that. But then again it really depends on the caseworker I guess.

No it depends on how the UK incorporates UK law into EU law, EU law just says 'subsisting' - very wooly so UK has no choice to implement UK rules in the absence of any concrete EU rule so uses the UK rule so as not to place UK citizens at a disadvantage over EU citizens.

[chriskv1]

To quote obie :For Durable partners under EU law, there is no mandatory period of two years. In fact there is not a mandatory period, and there cannot lawfully be a mandatory period.
All facts and circumstance of the case will have to be taken into consideration such as, whether there is a child, joint financial committment and plan to get married in the future. Unlike common law partnership under the immigration rules, there is no such requirement for Durablw partner. it is an EU law concept, which cannot be defined by national law.

National law can state what they would expect to see, in order to satisfy themselves that a relationship is durable, but it cannot be a hard and fast rule, not lawfully anyway. .

[Wanderer]

To quote obie :For Durable partners under EU law, there is no mandatory period of two years. In fact there is not a mandatory period, and there cannot lawfully be a mandatory period.
All facts and circumstance of the case will have to be taken into consideration such as, whether there is a child, joint financial committment and plan to get married in the future. Unlike common law partnership under the immigration rules, there is no such requirement for Durablw partner. it is an EU law concept, which cannot be defined by national law.

National law can state what they would expect to see, in order to satisfy themselves that a relationship is durable, but it cannot be a hard and fast rule, not lawfully anyway. .

Good luck with that.....

[chriskv1]

That's something I need in plenty . It's kind of hurtful that they would not care less unless a relationship is how they want it to be. My fiance and me are ready to get married but really we didn't want to do it just because of the visa. Let's see what happens I will keep you all updated. Thanks casa and wanderer for your replies:)

[Annebee]

That's something I need in plenty . It's kind of hurtful that they would not care less unless a relationship is how they want it to be. My fiance and me are ready to get married but really we didn't want to do it just because of the visa. Let's see what happens I will keep you all updated. Thanks casa and wanderer for your replies:)

Do not trouble yourself. Just complete the questionnaire and send it back . Those questions are now standard on the new Forms. I guess thier policies have changed.

As far as your relationship meets the basic criteria and you submitted all required supporting document, you shouldn't worry. Ok?

I just hope one of thier changes will be to improve the processing times which seems to average at 4 months before compared to this time last year when processing times was just averaging at 1 month.

All the best

[chriskv1]

Thanks Anne.
I have sent it back . I wrote our whole story on how we met up and how important everything is for us. Hopefully it comes back positive. God help.

[Mani1986]

Thanks Anne.
I have sent it back . I wrote our whole story on how we met up and how important everything is for us. Hopefully it comes back positive. God help.

Dont wory too much , you will be fine just send them as many proofs as you can. tickets, bills , pictures and yes dont wory too much about 2 years cohabitation. I have got my RC on 12 months cohabitation.

[chriskv1]

Wow that's very nice to know Mani.
How long did it take for them to process your application ?

[Mani1986]

it takes almost one year to get my RC because of the court process

[Mani1986]

but yes it took just 10 days since my appeal approved to get RC which is really quick , usually home HO takes month to process it.

[Obie]

To quote obie :For Durable partners under EU law, there is no mandatory period of two years. In fact there is not a mandatory period, and there cannot lawfully be a mandatory period.
All facts and circumstance of the case will have to be taken into consideration such as, whether there is a child, joint financial committment and plan to get married in the future. Unlike common law partnership under the immigration rules, there is no such requirement for Durablw partner. it is an EU law concept, which cannot be defined by national law.

National law can state what they would expect to see, in order to satisfy themselves that a relationship is durable, but it cannot be a hard and fast rule, not lawfully anyway. .

I did indeed made that statement, as it was, and continues to be a legally sound statement.

It was correctly attributed to me.

[Mani1986]

To quote obie :For Durable partners under EU law, there is no mandatory period of two years. In fact there is not a mandatory period, and there cannot lawfully be a mandatory period.
All facts and circumstance of the case will have to be taken into consideration such as, whether there is a child, joint financial committment and plan to get married in the future. Unlike common law partnership under the immigration rules, there is no such requirement for Durablw partner. it is an EU law concept, which cannot be defined by national law.

National law can state what they would expect to see, in order to satisfy themselves that a relationship is durable, but it cannot be a hard and fast rule, not lawfully anyway. .

I did indeed made that statement, as it was, and continues to be a legally sound statement.

It was correctly attributed to me.

Yes its absolutely correct 2 years cohabitation is HO requirement ,but not a law.

[chriskv1]

@Mani : Its nice to know about your case Mani , Really gives me hope. Can you tell me how the whole appeal process went . Does the judge ask you questions directly , are there other people there ? You have to go to court in person right. Please explain as I have no idea how it goes

@Obie : Thanks a lot obie your inputs on this forum has helped me a lot and has given me and my fiance a lot of hope.My understanding is that you are a solicitor right ? Is it forbidden to publicize oneself in this forum ?

[Mani1986]

@Mani : Its nice to know about your case Mani , Really gives me hope. Can you tell me how the whole appeal process went . Does the judge ask you questions directly , are there other people there ? You have to go to court in person right. Please explain as I have no idea how it goes

@Obie : Thanks a lot obie your inputs on this forum has helped me a lot and has given me and my fiance a lot of hope.My understanding is that you are a solicitor right ? Is it forbidden to publicize oneself in this forum ?

I applied for eea2 unmarried in april 2014 with cohabitation of just 1 month. but remember our relationship was almost 1 year at that time. My application was refused in july 2014, with right of appeal. The only reason was less than 2 years cohabitation I lodged the appeal and received hearing date of march 2015.
During hearing home office barrister ask me lots of questions and then she asked same questions from my GF. Judge dint ask us any question apart from one question which was related to my work and we both answer wrong. but from overall hearing judge was satisfied that why I think he dint ask any other question. in the end he reserved decision and sent me in written after 1 week "appeal allowed". Bless him, I was worried that he could give chance to HO to decide my RC but he dint give them any chance and fully allowed my appeal. and yes I was overstay of few months when I send my application.

[chriskv1]

Thats amazing !
Congratulations you deserve it Enjoy your freedom hahaha

[chriskv1]

Apparently there are others who got the same letter . Let's see what Home office has in mind for people who received this letter.as its rare.

[Obie]

No need to worry. If any challenged emerge I am sure there is no reason why you can't handle it.

[chriskv1]

@obie: thanks obie that's very kind.