Failed asylum seeker in durable relantionship application.

[Dersim62]

Hi all

I am new to this forum.

My partner non EU Turkish and myself Czech EU citizen with permanent residence in the U.K.

We have applied under for EEA durable relationship. When we have applied we also asked in writing for permission to get married in the U.K and still awaiting answer from HO. My fiance is living in the uk for 19 years this year he was asylum seeker and until now not received his status. We have applied for RC under durable relantionship but we have just been living together for less than a year! However we want to get married in the U.K. And requested that, planning to live and settle our lives in the U.K.

Timeline: Applied 17 Jan 17
COA with no right to work: 9 Feb 17
Biometric requested: 16 Feb 17
Biometric done: 17 Feb 17
COA with right to work: 15 March 17
Request for EU passport: 24 March 17
EU passport received: 31 March 17
Residence card:????

Anyone with similar stories please advice. There is more concerns on my mind and few questions I would like to confirm.

Thank you so much

[MrSlyFox]

Durable partners with less than two years cohabitation are likely to fail, If they refuse your residence card you will be better off reapplying after you marry.

[Casa]

Hi all

I am new to this forum.

My partner non EU Turkish and myself Czech EU citizen with permanent residence in the U.K.

We have applied under for EEA durable relationship. When we have applied we also asked in writing for permission to get married in the U.K and still awaiting answer from HO. My fiance is living in the uk for 19 years this year he was asylum seeker and until now not received his status. We have applied for RC under durable relantionship but we have just been living together for less than a year! However we want to get married in the U.K. And requested that, planning to live and settle our lives in the U.K.

Timeline: Applied 17 Jan 17
COA with no right to work: 9 Feb 17
Biometric requested: 16 Feb 17
Biometric done: 17 Feb 17
COA with right to work: 15 March 17
Request for EU passport: 24 March 17
EU passport received: 31 March 17
Residence card:????

Anyone with similar stories please advice. There is more concerns on my mind and few questions I would like to confirm.

Thank you so much

Why have you posted this again after only 5 minutes? Please wait for response in your original thread.

immigration-for-family-members/failed-a ... 28202.html

[CR001]

Why have you posted this again after only 5 minutes? Please wait for response in your original thread.

immigration-for-family-members/failed-a ... 28202.html

Have removed the post in the link you posted as EEA forum is more appropriate than family members forum. Also unlocked this post. Annoying when members post all over the place

[Dersim62]

Well I am new to this forum Casa and I wasn't sure which forum would be more appropriate, you should of explain and not to lock the post straight away!! We are all here to discuss our issues and try to help each other even many of us have their own solicitors.

[Dersim62]

Durable partners with less than two years cohabitation are likely to fail, If they refuse your residence card you will be better off reapplying after you marry.

Thanks for you reply. I have heard if you have strong commitments,enough supporting evidence, they might accept

[Casa]

Living together for less than a year will fall way short of meeting the 24 months of co-habitation required. Even less chance if you don't have children together.

[Dersim62]

Living together for less than a year will fall way short of meeting the 24 months of co-habitation required. Even less chance if you don't have children together.

Yes I am aware of the co-habitation rules. How about the EEA family permit which is for 6 monthsor fiancé visa, but again I research this can be done only if you apply outside of UK ? Or can you apply in the U.K. at least for the family permit ??

[MrSlyFox]

Living together for less than a year will fall way short of meeting the 24 months of co-habitation required. Even less chance if you don't have children together.

Yes I am aware of the co-habitation rules. How about the EEA family permit which is for 6 monthsor fiancé visa, but again I research this can be done only if you apply outside of UK ? Or can you apply in the U.K. at least for the family permit ??

No, the EEA family permit can only be obtained outside the UK.
- https://www.gov.uk/family-permit

Also the cohabitation requirements are the same for the EEA family permit and the residence card.

[Dersim62]

Living together for less than a year will fall way short of meeting the 24 months of co-habitation required. Even less chance if you don't have children together.

Yes I am aware of the co-habitation rules. How about the EEA family permit which is for 6 monthsor fiancé visa, but again I research this can be done only if you apply outside of UK ? Or can you apply in the U.K. at least for the family permit ??

No, the EEA family permit can only be obtained outside the UK.
- https://www.gov.uk/family-permit

Also the cohabitation requirements are the same for the EEA family permit and the residence card.

Thank you. This is what I thought.
Well we are awaiting for the results I would say by June we should receive the answer. Now what I wanted to ask while my partner has the pending application on. Is it a good idea to go to registrar and try to get married or shall we wait of the outcome by our application HO might give us permission to get married but again I research that certification of approval by HO are no longer valid. Please advice

[CR001]

Thank you. This is what I thought.
Well we are awaiting for the results I would say by June we should receive the answer. Now what I wanted to ask while my partner has the pending application on. Is it a good idea to go to registrar and try to get married or shall we wait of the outcome by our application HO might give us permission to get married but again I research that certification of approval by HO are no longer valid. Please advice

Not so easy to get married. You and your partner are required to give 28 days notice to an HO approved Registry. Partner will need passport for this. Registry is obliged to inform HO and this notice period can be extended to 70 days while HO investigates and/or interviews both of you separately. Only if HO is happy it is not a 'marriage of convenience' will they give permission for you to marry. Your partner, if no UK legal status, is at risk of being detained.

What is your partners UK immigration history?

[Dersim62]

Thank you. This is what I thought.
Well we are awaiting for the results I would say by June we should receive the answer. Now what I wanted to ask while my partner has the pending application on. Is it a good idea to go to registrar and try to get married or shall we wait of the outcome by our application HO might give us permission to get married but again I research that certification of approval by HO are no longer valid. Please advice

Not so easy to get married. You and your partner are required to give 28 days notice to an HO approved Registry. Partner will need passport for this. Registry is obliged to inform HO and this notice period can be extended to 70 days while HO investigates and/or interviews both of you separately. Only if HO is happy it is not a 'marriage of convenience' will they give permission for you to marry. Your partner, if no UK legal status, is at risk of being detained.

What is your partners UK immigration history?

Thank you for you reply. Yes our situation is very worrying. He was an assylum seeker, last year he upper tribunal refused and no rights of appeal. Yes he has no legal status here at the moment. He also goes to signing every two weeks. This is our second EEA application, first one was refused, no right of appeal and they also stated like they do in every letter that he should make arrangements to leave ... however we have submitted new EEA application in January and it was valid. Please see my timeline of application at the beginning of my topic. Now while we have application pending shall we try it at registry office or wait what HO will decide.

[Dersim62]

Living together for less than a year will fall way short of meeting the 24 months of co-habitation required. Even less chance if you don't have children together.

Yes I am aware of the co-habitation rules. How about the EEA family permit which is for 6 monthsor fiancé visa, but again I research this can be done only if you apply outside of UK ? Or can you apply in the U.K. at least for the family permit ??

No, the EEA family permit can only be obtained outside the UK.
- https://www.gov.uk/family-permit

Also the cohabitation requirements are the same for the EEA family permit and the residence card.

Thank you. This is what I thought.
Well we are awaiting for the results I would say by June we should receive the answer. Now what I wanted to ask while my partner has the pending application on. Is it a good idea to go to registrar and try to get married or shall we wait of the outcome by our application HO might give us permission to get married but again I research that certification of approval by HO are no longer valid. Please advice

[Dersim62]

Living together for less than a year will fall way short of meeting the 24 months of co-habitation required. Even less chance if you don't have children together.

Yes I am aware of the co-habitation rules. How about the EEA family permit which is for 6 monthsor fiancé visa, but again I research this can be done only if you apply outside of UK ? Or can you apply in the U.K. at least for the family permit ??

No, the EEA family permit can only be obtained outside the UK.
- https://www.gov.uk/family-permit

Also the cohabitation requirements are the same for the EEA family permit and the residence card.

Thank you. This is what I thought.
Well we are awaiting for the results I would say by June we should receive the answer. Now what I wanted to ask while my partner has the pending application on. Is it a good idea to go to registrar and try to get married or shall we wait of the outcome by our application HO might give us permission to get married but again I research that certification of approval by HO are no longer valid. Please advice

I was only going to mentioned that on COA they write that:
We will not revisit the terms of application during the consideration of your case. This means we will not confirm your right to work until your application is decided.
However my partner got his right to work now does this mean they have made a positive decision?? I don't think they are just issuing everyone with work permit so easily.