Help With EEA Application As A Durable Partner

[Haystacker]

I started a thread about this late last year but I did not get any replies(not sure what I did wrong )

I have been living illegally in the UK for almost 13 years. I have no criminal convictions or any contact with the law, but I do have a court penalty from about 10 years ago to pay transport for London £180 for not having a valid ticket on a bus.

I have been living with my EEA fiancée for a little over 2 years, we have a 4 month old baby. All the utilities of where we live is in my landlords name although the internet and phone bills are in my name.

I would really appreciate any advice anyone can give me towards making an application as a "durable partner"

Thank you.

[4uvak]

Well, if this is the same post you wrote last year, the reason you did not have reply is in your question. It is not clear which advice you asking for. There is no definite question here. Reading between the lines, I can say the following:
1. Your penalty should not be a problem as long as you disclose it
2. Your fiancée has to exercise treaty rights in the UK and you have to prove it to Home Office
3. Internet and phone bills might be not enough. May be you have a rental contract with both your names there or any other correspondence to both of you.
4. If your fiancé is recorded as your baby’s father in baby’s birth certificate – this might help – as both – baby and your fiancé - are legally in the UK and it might trigger Human Rights issue – but I am not a specialist in this, so it is better to wait for a reply from seniors.
5. Read here https://www.gov.uk/government/publicati ... rm-eea-efm
6. I would suggest to involve a legal adviser

[Haystacker]

Thanks 4uvak for responding.

From what I gather reading this forum, my EU fiancée is a qualified person. She has been working most of the two years we have lived together and is currently on maternity leave and receiving statutory maternity payments every fortnightly. She has wage slips,bank account statements, tax receipts, NHS letters all linked to our address. As I said before, all utilities of our flat are on prepaid cards which are in my landlords name.The rental contract I have is an oral one. The only thing in my name is the internet/phone bills and they cover the last two years. we also have many pictures of us together and our child's birth certificate lists both of us as living together in our current address. This is all we have to prove our durable partnership.

My main worry is if this is enough to prove our durable partnership and how my illegal status will play out in this situation. I don't know how else to prove the validity of our durable partnership.

[Haystacker]

Well, if this is the same post you wrote last year, the reason you did not have reply is in your question. It is not clear which advice you asking for. There is no definite question here. Reading between the lines, I can say the following:
1. Your penalty should not be a problem as long as you disclose it
2. Your fiancée has to exercise treaty rights in the UK and you have to prove it to Home Office
3. Internet and phone bills might be not enough. May be you have a rental contract with both your names there or any other correspondence to both of you.
4. If your fiancé is recorded as your baby’s father in baby’s birth certificate – this might help – as both – baby and your fiancé - are legally in the UK and it might trigger Human Rights issue – but I am not a specialist in this, so it is better to wait for a reply from seniors.
5. Read here https://www.gov.uk/government/publicati ... rm-eea-efm
6. I would suggest to involve a legal adviser

Thanks 4uvak for responding.

From what I gather reading this forum, my EU fiancée is a qualified person. She has been working most of the two years we have lived together and is currently on maternity leave and receiving statutory maternity payments every fortnightly. She has wage slips, bank account statements, tax receipts, NHS letters all linked to our address. As I said before, all utilities of our flat are on prepaid cards which are in my landlords name. The rental contract I have is an oral one. The only thing in my name is the internet/phone bills and they cover the last two years. we also have many pictures of us together and our child's birth certificate lists both of us as living together in our current address. This is all we have to prove our durable partnership.

My main worry is if this is enough to prove our durable partnership and how my illegal status will play out in this situation. I don't know how else to prove the validity of our durable partnership.

[4uvak]

Again, read the guidance I mentioned above. There are requirements for documents to support your application. Although, EEA applications are more relaxed concerning the documents' availability. All you can do is to try your best and submit everything you have. Having both parents' names on the child birth certificate is a very strong evidence of durable relationship.

Although, I would suggest to do more research on case law regarding situations like yours. This was the reason I suggested a legal advice above.

You see, usually there are 2 options exists almost in every endeavor of our life:
1. invest a lot of time in finding a solution to the problem- I mean, when the case is complicated, it is a full time work; you research all possible sources - immigration forms, guidance, forums, groups, websites, case law etc – day in day out, month after month, possibly years
2. find a professional, who knows what he/she does and have an experience in solving the problem. The starting point to find an adviser would be here https://www.gov.uk/find-an-immigration-adviser. You need Level 2 or 3 OISC. Having an adviser does not mean a 100% success or a quick visa - it still can take months or years, but at least you will free your mind and time.

You can ask some questions on forums or in groups, but bear in mind, that you have to do your homework first and, in order to receive help, ask short questions about particular point you do not understand. Otherwise there will be no answers or the only answer will be to find an adviser. Although, there are immigration advisers on this forum, I doubt they are willing to give you a step by step instructions for free. If you need this type of advice, contact citizens advice here https://www.citizensadvice.org.uk. It might be a long wait, but they might be able to help you there.

I would go for a DIY option as a last resort – when you visited few advisers and they told you that there is no chance for you to get a visa. It is so easy to talk to up – many people live in limbo after some minor mistakes they did at the beginning.

Therefore, my advice would be: do not try to find a quick fix, do not wait, but start doing something now. Choose from 2 options above and act on it.

As to your illegal status implications - probably, there will be an interview to prove that the relationships are genuine.

[Haystacker]

Again, read the guidance I mentioned above. There are requirements for documents to support your application. Although, EEA applications are more relaxed concerning the documents' availability. All you can do is to try your best and submit everything you have. Having both parents' names on the child birth certificate is a very strong evidence of durable relationship.

Although, I would suggest to do more research on case law regarding situations like yours. This was the reason I suggested a legal advice above.

You see, usually there are 2 options exists almost in every endeavor of our life:
1. invest a lot of time in finding a solution to the problem- I mean, when the case is complicated, it is a full time work; you research all possible sources - immigration forms, guidance, forums, groups, websites, case law etc – day in day out, month after month, possibly years
2. find a professional, who knows what he/she does and have an experience in solving the problem. The starting point to find an adviser would be here https://www.gov.uk/find-an-immigration-adviser. You need Level 2 or 3 OISC. Having an adviser does not mean a 100% success or a quick visa - it still can take months or years, but at least you will free your mind and time.

You can ask some questions on forums or in groups, but bear in mind, that you have to do your homework first and, in order to receive help, ask short questions about particular point you do not understand. Otherwise there will be no answers or the only answer will be to find an adviser. Although, there are immigration advisers on this forum, I doubt they are willing to give you a step by step instructions for free. If you need this type of advice, contact citizens advice here https://www.citizensadvice.org.uk. It might be a long wait, but they might be able to help you there.

I would go for a DIY option as a last resort – when you visited few advisers and they told you that there is no chance for you to get a visa. It is so easy to talk to up – many people live in limbo after some minor mistakes they did at the beginning.

Therefore, my advice would be: do not try to find a quick fix, do not wait, but start doing something now. Choose from 2 options above and act on it.

As to your illegal status implications - probably, there will be an interview to prove that the relationships are genuine.

Thanks so much