Australian-German Couple - Living together for EEA RP?

[eniseg]

Hi everyone!

noajthan had already referred me to this document for another matter:
https://www.whatdotheyknow.com/request/ ... ndents.pdf

which says 'ECJ judgement determined that the right to free movement should be based on a requirement to be married and should not be subject to a requirement to live together.
The court determined that attitudes to marriage varied and that it‟s not down to immigration authorities to decide whether or not reconciliation is possible.'

Does this mean my husband could come into the country without us sharing a flat for his EEA Residence Permit? My landlady has emailed me today that she will not allow a second tenant in my flat and I am not willing to leave my flat.

Has anyone managed to secure EEA RPs without living together?

We're definitely planning on living a couple's life, it's just I don't want to go through the hassle of moving out of my flat at the moment.

Thanks a lot!

[Wanderer]

Hi everyone!

noajthan had already referred me to this document for another matter:
https://www.whatdotheyknow.com/request/ ... ndents.pdf

which says 'ECJ judgement determined that the right to free movement should be based on a requirement to be married and should not be subject to a requirement to live together.
The court determined that attitudes to marriage varied and that it‟s not down to immigration authorities to decide whether or not reconciliation is possible.'

Does this mean my husband could come into the country without us sharing a flat for his EEA Residence Permit? My landlady has emailed me today that she will not allow a second tenant in my flat and I am not willing to leave my flat.

Has anyone managed to secure EEA RPs without living together?

We're definitely planning on living a couple's life, it's just I don't want to go through the hassle of moving out of my flat at the moment.

Thanks a lot!

Get married.

[Casa]

Hi everyone!

noajthan had already referred me to this document for another matter:
https://www.whatdotheyknow.com/request/ ... ndents.pdf

which says 'ECJ judgement determined that the right to free movement should be based on a requirement to be married and should not be subject to a requirement to live together.
The court determined that attitudes to marriage varied and that it‟s not down to immigration authorities to decide whether or not reconciliation is possible.'

Does this mean my husband could come into the country without us sharing a flat for his EEA Residence Permit? My landlady has emailed me today that she will not allow a second tenant in my flat and I am not willing to leave my flat.

Has anyone managed to secure EEA RPs without living together?

We're definitely planning on living a couple's life, it's just I don't want to go through the hassle of moving out of my flat at the moment.

Thanks a lot!

Get married.

Wanderer, it appears that they are married but the husband can't live in the flat with the OP and she doesn't want to move out.

[Wanderer]

Oh yeah, sorry!!

[secret.simon]

I am fairly certain that there was an ECJ ruling that a couple need not be cohabiting, that they can be living anywhere in the same country. So long as the German half of the couple is in the UK and exercising treaty rights, the Australian half can stay anywhere in the UK, not necessarily in the same city, let alone the same house. One half can stay in the Isles of Scilly, with the other in the Shetland Isles. That would certainly make for domestic bliss.

[noajthan]

I am fairly certain that there was an ECJ ruling that a couple need not be cohabiting, that they can be living anywhere in the same country. So long as the German half of the couple is in the UK and exercising treaty rights, the Australian half can stay anywhere in the UK, not necessarily in the same city, let alone the same house. One half can stay in the Isles of Scilly, with the other in the Shetland Isles. That would certainly make for domestic bliss.

Indeed.

Case law Diatta C267/83

https://www.gov.uk/government/uploads/s ... w_v2_0.pdf
- page 23+

Ofcourse FPs are issued under UK law & HO functionaries may see it differently.

[eniseg]

Hey guys,
thank you so much!

We are not yet married, but will be married at the point of him moving here. (Wedding is late May.)

I saw the Diatta case law, and I was wondering if it still holds?
I have my landlady's email proving that the reason why we are not living together is her not allowing him in the flat. I will be traveling very much over the next few months (May - Australia, June - Svalbard, July - Germany/Switzerland, August - Greece, September - Russia) and I won't be able to find a flat for us before he gets here. It's also almost impossible to find a flat in Edinburgh in August because of the festivals. And yes, I love my flat and am unwilling to move out soon.

I called Commonwealth Immigration and they told us, no we definitely have to live together. They had never heard of the Diatta case law.
I called Visa Logic and they said it's okay not to live together, we should lie about it on the application because they would never check.

We're very worried now... :/

What do you guys think?

[noajthan]

Hey guys,
thank you so much!

We are not yet married, but will be married at the point of him moving here. (Wedding is late May.)

I saw the Diatta case law, and I was wondering if it still holds?
...

I called Commonwealth Immigration and they told us, no we definitely have to live together. They had never heard of the Diatta case law.
I called Visa Logic and they said it's okay not to live together, we should lie about it on the application because they would never check.

We're very worried now... :/

What do you guys think?

Do not rely on such jokers.

Whatever you do do NOT lie - that is the first step to a world of pain. There is a strange karma that operates in the world of migration journeys and it will catch you out, usually at the worst possible time, even years down the road.

Case law will stand unless overturned or superseded by later case law. Diatta is your friend.