EEA Unmarried Partner - Living together

[Jeda1]

Hi all,
I would love clarification as every agency says something different..
My partner is Irish (Republic) and im Australian. We have been would have been living together for just under 24 months (1 year, 11 months and 2 weeks to be exact) when we apply for the EEA Residency card/permit holder. Im currently on a Youth Mobility visa. Do you think my application will be rejected since it is less than 24 months? We have been together for longer than this (2 years so far) however were doing distance. Please help!?
Thanks,

[kamoe]

Short answer: Your application should not be rejected purely on the basis of not completing 24 months of cohabitation

Long answer: What really matters is how strongly you can prove to the CW that your application is genuine. If you supply all required documentation, and the only downside is that you are short of 2 weeks to complete 2 years of cohabitation, I think, there would be no real ground for refusal. The 2 years is only an indicative period, but is not really strict, as far as I know, as nowhere in EU regulations it says it has to be 24 months; only that you need to prove it is a durable relationship.

That being said, unless this is something completely our of your control, better wait two more weeks to cover all basis.

[Jeda1]

Thanks Kamoe. Well my visa expires just after that so i cant fulfill the exact two years.
We lived in social house share house together in one room since we came to London for 1 year however we were made to sign different lease contracts splitting the cost even though we were in the room together as a couple. Do you think this will affect us? Our new place we have both our names on one contract.

[Casa]

What documented evidence do you have to prove a durable relationship 'akin to marriage'? You will need to convince the Case Worker that you weren't simply housemates.

[kamoe]

Thanks Kamoe. Well my visa expires just after that so i cant fulfill the exact two years.

In that case I'm afraid you might be an overstayer, and two weeks will not make any difference. The RC takes a few months to come through and the fact that you have a pending application does not extend your visa. Pending applications do cover you if you are applying to other kinds of visa, but not under EEA route (I've seen multiple posts in this forum explaining exactly that).

[Jeda1]

We met in university, were dating then returned to our countries. He came to visit me in Australia and we decided to do distance again (Im not sure how to explain that). We have flight tickets visiting each others countries and whatsapp msgs. While living here we have travelled together aswell and have done christmas with his family. Do you think this is sufficient? We opened a joint savings 5 months after moving to London and will open another account soon for our rent to come out of instead of one person paying.
Thanks Casa.

[Jeda1]

Kamoe, from my understanding, im covered as i have rights to be in the country until my application is accepted or rejected. My visa expires beginning of August and i will apply for eea non married partner end of july. Thoughts?
Sorry forgot to mention im a youth mobility visa holder

[CR001]

Kamoe, from my understanding, im covered as i have rights to be in the country until my application is accepted or rejected. My visa expires beginning of August and i will apply for eea non married partner end of july. Thoughts?
Sorry forgot to mention im a youth mobility visa holder

No, you are mistaken. Once your YMS visa expires, you have no automatic rights as an extended family member and if rejected, you will be an overstayer.

[kamoe]

Kamoe, from my understanding, im covered as i have rights to be in the country until my application is accepted or rejected.

No you won't be covered. You are unmarried partner, so your rights are not automatic.

That protection is called Section 3, and it does not cover applications under EU law. Similar situations and their answers in these posts (The last link is even an example where I thought EEA applications were covered, but secret.simon corrected me).

http://www.immigrationboards.com/eea-ro ... n#p1460207

http://www.immigrationboards.com/eea-ro ... n#p1456274

http://www.immigrationboards.com/eea-ro ... n#p1454737

[Jeda1]

Hi Casa,

Can I please PM you, it wont let me, its regarding this thread please.

Thanks.

[CR001]

Hi Casa,

Can I please PM you, it wont let me, its regarding this thread please.

Thanks.

You don't have access to the PM function. You need 30 posts before the privilege of PM is enabled.