Refused EEA FM Permit for my girlfriend of 6 years. Advice needed.

[JCJ]

Hi all,
So the background to the situation is that my girlfriend and I have been together since 2011, we went to university together for the last 5 years and for three of those years lived together. We both graduated last year and January of this year I was offered a job in the UK. I am an EEA national(dual citizenship South Africa and European) and therefore there was no problem in me getting here and starting to work, my girlfriend is not an EEA national though. And we decided that once I am stable that we will then apply for an Extended Family member permit, since we are in a durable relationship. But this week we got bad news that the application was rejected, although we provided proof of us living together (via a lease agreement) and also messages/letters and photos(going back until 2011), as well as affidavits from our parents. I feel the decision was unfair as the Officer said we failed to prove Regulation 8(5) of the EEA Immigration regulations of 2006.

I have decided not to appeal but to reapply (since from what I've researched it costs nothing and is supposedly quicker). I would like to ask for any advice or opinions on what we can include to prove our durable relationship? I can upload the Officers refusal if more detail is needed.

Thanks in advance.

[Obie]

It makes sense to appeal and reapply, just in case the officer decides to refuse again.

You seem to have provided enough.

[lunallena]

I have applied and obtained an EEA2 EFM resident card as an unmarried partner and I provided joint tenancy agreements, utility bills and statements from a joint bank account. I agree that a lease agreement is a good proof but I think the HO wants to see that a couple in a durable relationship shares utility bills and bank accounts. If your utility bills don't have both of your names on it you can still send them if they are addressed to you or your partner separately to show that both of you live at the same address. My partner and I sent gas, water and electricity bills with both our names or separately. We also sent bank statements from our individual bank accounts as well as statements from our joint bank account. We also sent council tax and NHS letters and included pictures and boarding passes to give evidence of us travelling together.

Unfortunately I did not have a family permit before applying for the EFM RC but from what I have read in this forum, FP is easier to obtain than a RC. Anyhow, if you have any of the evidence I mentioned before it may be worth sending it.

I hope this helps,

Good luck!

[JCJ]

It makes sense to appeal and reapply, just in case the officer decides to refuse again.

You seem to have provided enough.

He said the lease agreement does not provide "corroborative evidence" of our relationship as it is not formal documentation according to him. I we dont have joint bank accounts etc. Also we wont have utility bills in our name as the utilities are prepaid and the water bill goes to the properth owner...also now that I am in the UK I do send my partner money for support etc. Should I include proof of this? I just want to provide enough evidence as possible before appealling the refusal.

[Wanderer]

The living-together period has to be the last two years (assuming the UKVI interpretation stands), a no gaps over six months, as I found out in 2008...

[JCJ]

So now that I've been in the UK for 6months we can no longer prove we are in a durable relationship?