Living arrangement EEA (FM) residence permit

[doctor1989]

I am currently on a Tier 2 visa that expires in August. I am officially a civil partner/spouse of an EU national since Jan of this year.

I was hoping to apply for a EEA (FM) residence card to help prove my eligibility to work in the UK. Although the application seems a bit daunting.

My question relates to section 5 of the application. Which relates to proving that we live together. Although we spend all of our time in the same place, we are officially registered at two addresses, as we both had separate mortgages at the time we met and kept it that way.

1. Why do we need to prove our living arrangement if we are civil partners?

2. Are letters and postcards addressed from friends enough to satisfy the requirements for a residence card?

[Casa]

I am currently on a Tier 2 visa that expires in August. I am officially a civil partner/spouse of an EU national since Jan of this year.

I was hoping to apply for a EEA (FM) residence card to help prove my eligibility to work in the UK. Although the application seems a bit daunting.

My question relates to section 5 of the application. Which relates to proving that we live together. Although we spend all of our time in the same place, we are officially registered at two addresses, as we both had separate mortgages at the time we met and kept it that way.

1. Why do we need to prove our living arrangement if we are civil partners? To prove that the relationship with your EEA sponsor is genuine and subsisting.

2. Are letters and postcards addressed from friends enough to satisfy the requirements for a residence card? No.

[doctor1989]

However it is genuine, despite us not officially being registered at the same address. Surely we shouldn't be discriminated against because of our financial arrangements?

[Obie]

However it is genuine, despite us not officially being registered at the same address. Surely we shouldn't be discriminated against because of our financial arrangements?

It is reasonable to expect someone in a genuine Civil partnership to reside together and have proof of joint evidence, would you not say?

I find it hard to see how they will be discriminating between you and other genuine couple in a subsisting relationship who reside together.

Even though not strictly required in EU law, a failure to provide evidence of cohabitation, may lead a decision maker to form the view that regulation 2 may be engaged. I bear in mind that in such circumstances the SSHD will need to prove this, but lack of cohabitation could reasonably lead to such inference.

[doctor1989]

However it is genuine, despite us not officially being registered at the same address. Surely we shouldn't be discriminated against because of our financial arrangements?

It is reasonable to expect someone in a genuine Civil partnership to reside together and have proof of joint evidence, would you not say?

I find it hard to see how they will be discriminating between you and other genuine couple in a subsisting relationship who reside together.

Even though not strictly required in EU law, a failure to provide evidence of cohabitation, may lead a decision maker to form the view that regulation 2 may be engaged. I bear in mind that in such circumstances the SSHD will need to prove this, but lack of cohabitation could reasonably lead to such inference.

The thing is we spend more time together than most other married couples I know. We sleep in the same flat, but like I said non of his bills/finances go to the address we live in, because when we met we happened to have two separate mortgages. Our joint bank account has the two addresses registered to it. What do you advise me to do in this situation?

What is regulation 2? Can you elaborate please?

[doctor1989]

Furthermore we only just got partnered (even though we've technically been cohabitating for the last 2 years). Could I just state in the application that we will be making our registration in the same address formal in the near future? Which is technically true as I never knew it was such an important thing.

And provide evidence of our relationship (pictures, holiday bookings, letters and postcards from friends?)

[Obie]

SEE REGULATION 2

(a)a party to a civil partnership of convenience; or
(b)the civil partner (“C”) of a person (“P”) where a spouse, civil partner or durable partner of C or P is already present in the United Kingdom; “civil partnership of convenience” includes a civil partnership entered into for the purpose of using these Regulations, or any other right conferred by the EU Treaties, as a means to circumvent—
(a)immigration rules applying to non-EEA nationals (such as any applicable requirement under the 1971 Act to have leave to enter or remain in the United Kingdom); or
(b)any other criteria that the party to the civil partnership of convenience would otherwise have to meet in order to enjoy a right to reside under these Regulations or the EU Treaties;

I wish you all the best.

[doctor1989]

SEE REGULATION 2

(a)a party to a civil partnership of convenience; or
(b)the civil partner (“C”) of a person (“P”) where a spouse, civil partner or durable partner of C or P is already present in the United Kingdom; “civil partnership of convenience” includes a civil partnership entered into for the purpose of using these Regulations, or any other right conferred by the EU Treaties, as a means to circumvent—
(a)immigration rules applying to non-EEA nationals (such as any applicable requirement under the 1971 Act to have leave to enter or remain in the United Kingdom); or
(b)any other criteria that the party to the civil partnership of convenience would otherwise have to meet in order to enjoy a right to reside under these Regulations or the EU Treaties;

I wish you all the best.

Thanks. I guess the fact that I can renew my Tier 2 given my profession being on the SOL and don't necessarily need the residence card goes against this. But it would need some common sense.