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Unmarried partners - how to prove durable Relationship

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Cupcake567
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Posts: 46
Joined: Sun May 29, 2016 7:46 pm

Unmarried partners - how to prove durable Relationship

Post by Cupcake567 » Tue Aug 15, 2017 11:45 pm

Good evening all,

As there is plenty of people on this forum I believe somebody can share their knowledge/experience?

I am an EEA citizen being in a long distance relationship with Moroccan for 3 years now. I am staying in UK for 7 years and working here. We would like to apply for EEA Family Permit for my fiance to join me in UK.

I was advised that we can apply on a base of being in a durable relationship for more than 2 years now.
I was told that my passport showing stamps when visiting my partner in Morocco and our pictures will be enough to prove this durable relationship. I am concerned about this as read previously that letters proving living together and other official docs are required.

I was also advised that we can apply for the EEA permit for an extended family member as he is my fiance.

Could you please advise if above scenarios sounds right to you? Do you think we can prove durable relationship on a basis of stamps in my passport and pictures? Anyone has a previous experience?

Additionally, is it correct (just saw it today on this forum) that is application for EEA is refused we can't appeal?

Please help me as I am confused now and I would like my fiance to be with me asap. Just don't know which way is the best to take?

Many thanks!

lorenr
Newly Registered
Posts: 14
Joined: Thu Apr 06, 2017 12:35 pm

Re: Unmarried partners - how to prove durable Relationship

Post by lorenr » Wed Aug 16, 2017 12:07 am

Hello!

I am the unmarried partner of an EU citizen.

I applied for a Residence card rather than a family permit but I understand that the guidance for a family permit is different. It seems it is assessed on a case by case basis. Here is the guidance relating to your situation: https://www.gov.uk/government/publicati ... ily-permit

As you can see "The ECO will have to consider factors such as the length of cohabitation, joint finances, whether the couple has children together to establish whether or not the relationship is durable. Each case must be looked at on its own merits.". It also states on this page: https://www.gov.uk/family-permit/docume ... st-provide that you must prove you have lived together for 2 years.

I would say on this basis that you will need more than stamps and photos to prove the durable relationship. Have you lived together at any time or do you share any bank accounts or credit cards? These are the kinds of documents they will want to see.

It may be that the criteria for a family permit are a little more relaxed but the family permit will only allow your partner to stay and work in the UK for 6 months. You'll then have to apply for a residence card if he wants to stay longer. This is when you will need to provide documents like tenancy agreements and joint bank statements.

Start gathering as many documents as you can now - everything helps! I would advise giving an immigration lawyer a call and asking their opinion. A good one will tell you on the phone if you have enough to put forward an application.

All the best with your application!

Cupcake567
Newbie
Posts: 46
Joined: Sun May 29, 2016 7:46 pm

Re: Unmarried partners - how to prove durable Relationship

Post by Cupcake567 » Wed Aug 16, 2017 6:01 pm

Hello lorenr - many thanks for your answer.

We haven't lived together and we don't have any official document with both names on it.

I was just wondering how other people in similar situation did manage. I am afraid of applying on this base and be rejected. I read that I can't appeal if EEA permit application for an extended family member is rejected. Does anybody know about it?

Also, if EEA FP application is rejected, does it influence anyhow the EEA who is leaving in UK (can any rights be stopped for this person)?

Many thanks.

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Unmarried partners - how to prove durable Relationship

Post by Casa » Wed Aug 16, 2017 6:46 pm

Cupcake567 wrote:Hello lorenr - many thanks for your answer.

We haven't lived together and we don't have any official document with both names on it. In which case, you won't qualify as Unmarried Partners.

I was just wondering how other people in similar situation did manage. I am afraid of applying on this base and be rejected. I read that I can't appeal if EEA permit application for an extended family member is rejected. Does anybody know about it? Correct

Also, if EEA FP application is rejected, does it influence anyhow the EEA who is leaving in UK (can any rights be stopped for this person)? NO

Many thanks.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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