EEA as unmarried partner - possible for us?

[chocol8]

Hello all,

I would like to share my situation with you, if you can give me an advice about it pleaseeee... that would be really great. So here is my situation:

I am actually an EEA citizen and my partner is a non-EEA citizen.
I know him since 2011, and soon after we started to be in a relationship. But at that time I was studying in my EU country, and he was working in the UK. So we maintained our relationship with everyday calls, texts, etc... and he also applied for Schengen visa 3 times, specially to come to see me in my country (he stayed in my city), and each time a stay of a week or more. I also travelled to the UK a few times, to see him.

Wishing to live with him, I made a specific request to transfer from my EU university to a UK university (which was not an easy thing actually in the mid of the course, and due to differences between both unis).
We are now living together since September. I did this only for us, although it made my studies more difficult and even one year longer than it should have been if I stayed in my country.

We are going to get married next year. We don't want to get married before the decided date for some reasons.
Our relationship is definitely genuine, we can provide thousands of photographs, gifts, cards, text messages etc... His relatives, his friends, his previous employer in UK know about our relationship (could they be witness/write a letter for us?)

Now we want to apply for EEA family permit as unmarried EEA partner, so as he can stay in the UK and get a residence card here. We in fact planned to settle down in the UK, planning to both work here and live together here.

However, our cohabitation duration is till now only of 9 months, even though our relationship is way longer (more than 4 years now). The reason for this was my studies, I could not leave my course on its start that would have been impossible to think.

Do you think HO will refuse our application due to the short cohabitation? Even if it was for a valid reason (studies already started in EU country)? Even if our relationship is way longer than 2 years and is genuine?


Thanks in advance for your advice! That would be really helpful

[noajthan]

You need to demonstrate a relationship 'akin to marriage'. This is not specifically defined in EU law so UK HO takes the approach of applying UK Immigration Regulation-related rules.
They will be looking for evidence of such a durable relationship existing for at least 2 years.
Note: This is more than a 'boyfriend/girlfriend' type of relationship.

Again EU law does not demand co-habitation but HO may be looking for it.

Interestingly, if partner was not yet in UK it seems possible for a fiance to apply for a FP:
https://www.gov.uk/government/publicati ... ily-permit

This may not help in your case if/as partner is already in UK but worth being aware of.

[chocol8]

Thanks for your reply.

Is EU law applicable when you make these EEA applications? If yes, then there should not be refusal from HO on this basis as EU law does not state a 2 year cohabitation requirement?

I've seen for ex in FLRm as unmarried partner of uk settled person, they still consider the application if there was a lack of cohabitation but a genuine relationship. Is it the case in EEA2 as well?

To demonstrate durable relationship akin to marriage, what should we provide to them? Its not just a "boyfriend/girlfriend" relationship, he proposed me for marriage - we are engaged, and marriage is planned for next year. We have future plans together, family involved, I transferred for study here for us etc...

Do you think they can still consider that this is a durable relationship akin to marriage, even if there is less than 2 years of cohabitation? (which was not by choice!)

He is already in the UK, so fiancé route would not be suitable...

Thanks

[noajthan]

Thanks for your reply.

Is EU law applicable when you make these EEA applications? If yes, then there should not be refusal from HO on this basis as EU law does not state a 2 year cohabitation requirement?

I've seen for ex in FLRm as unmarried partner of uk settled person, they still consider the application if there was a lack of cohabitation but a genuine relationship. Is it the case in EEA2 as well?

To demonstrate durable relationship akin to marriage, what should we provide to them? Its not just a "boyfriend/girlfriend" relationship, he proposed me for marriage - we are engaged, and marriage is planned for next year. We have future plans together, family involved, I transferred for study here for us etc...

Do you think they can still consider that this is a durable relationship akin to marriage, even if there is less than 2 years of cohabitation? (which was not by choice!)

Thanks

HO will also be looking for something stronger than a fiance/fiancee relationship (which again, by definition, may not be akin to marriage).

If not co-habiting in this relationship you would have to demonstrate something else;
eg common purpose, joint venture, child/ren etc etc.

You can dig into these vital questions in HO guidance here:
https://www.gov.uk/government/uploads/s ... _clean.pdf
- see page 13+

Be aware HO tends to play hardball in this area so less than 2 years relationship may not succeed.
Suggest have a Plan B in back pocket to cover all eventualities.

[Casa]

Within the information in the link Noajthan posted for you, you'll find that the Case Worker will expect to see evidence of joint commitments, not just shared living accommodation. This would include joint finances for example as this proves more than the possibility of two friends house sharing. You might argue less than 2 years of co-habitation at an appeal, but 9 months falls well short of the qualifying period and is unlikely to go in your favour.

[chocol8]

Thanks for the link, this is helpful.

So according to HO guidance, we can provide:

Evidence of cohabitation for last 9months:
-bank statements at the same address
-rent agreements for the same address
Evidence of joint finances:
-joint account evidence
-combine photographs + text msgs + calls records since 2011 (more than 4 yrs)
-other evidence demonstrating their commitment and relationship: letters from employer?friends?relatives? proof of our engagement? evidence I started my course in EU country, and quit to continue here (the only reason being our relationship)? a letter from my uni would maybe help? (as I explained them why I want to join their course here)

What I can't understand is that for HO: a relationship akin to marriage is when you live together for 2 years, but it's not when you are in relationship for 4 years, are engaged, have future plans, will get married the following year, live together for almost 1 year? .... I would never understand this logic

[chocol8]

Thanks casa for your message, yes I do realise this...

Does anyone know if in these cases, EU law may be applicable? (as it doesn't define a 2 year cohabitation)
Have there been such cases before, what were the outcomes?

[noajthan]

Thanks for the link, this is helpful.

...

What I can't understand is that for HO: a relationship akin to marriage is when you live together for 2 years, but it's not when you are in relationship for 4 years, are engaged, have future plans, will get married the following year, live together for almost 1 year? .... I would never understand this logic

You are dealing with a government department so don't look for logic.
The rules UK imposes are based on UK Immigration Regulations, ie as are applied primarily to those on a UK migration journey.
They are looking for couples in the unmarried equivalent of a marriage.

Plenty of examples of people following this route and either succeeding or failing are to be found if you dig around in the forum.

[chocol8]

Right I'll have a look at others posts in the forum.

Just a point: as you said here, they consider UK law, in that case they should consider The Human Rights Act 1998 (that sets out the fundamental rights and freedoms that everyone in the UK is entitled to.)
According to Article 8, respect for your private and family life:
" you have the right to enjoy family relationships without interference from government. This includes the right to live with your family and, where this is not possible, the right to regular contact.
‘Family life’ can include the relationship between an unmarried couple, an adopted child and the adoptive parent, and a foster parent and fostered child."

Do you think they consider/apply these articles if we appeal their decision (if refusal..)?
I don't want him to go back in his home country, it will be stupid as I moved here for him and if he won't even be there??!

:/

[Casa]

You find this Human Rights article by Free Movement interesting:
https://www.freemovement.org.uk/when-is ... e-engaged/

Edit: IMHO I believe the HO view would be that private & family life doesn't necessarily have to be enjoyed in the UK and you are free to have this together in another country.

[noajthan]

Right I'll have a look at others posts in the forum.

Just a point: as you said here, they consider UK law, in that case they should consider The Human Rights Act 1998 (that sets out the fundamental rights and freedoms that everyone in the UK is entitled to.)
According to Article 8, respect for your private and family life:
...

Do you think they consider/apply these articles if we appeal their decision (if refusal..)?
I don't want him to go back in his home country, it will be stupid as I moved here for him and if he won't even be there??!

:/

HR Article 8 is a qualified right, its not necessarily a Willie Wonka-style 'golden ticket',

Article 8 is a qualified right and as such the right to a private and family life and respect for the home and correspondence may be limited. So while the right to privacy is engaged in a wide number of situations, the right may be lawfully limited. Any limitation must have regard to the fair balance that has to be struck between the competing interests of the individual and of the community as a whole.

https://www.liberty-human-rights.org.uk ... amily-life