Fiancee(Settlement/Marriage) Visa or Marriage Visitor Visa & EEA Family Permit

[dilan27]

Hi Everyone,

My apologies ahead of time as it'll be a long post. My fiancee and I met in London, UK during Christmas 2015 and we have been dating for over 2 years. My finacee was born in Germany and has a PR card as she moved to London in July 2012 and has been working full time for the last 3 years upon completion of her studies. I am a Canadian citizen and currently work full time. We decided to settle in UK this year and applied for EEA Family Permit which was rejected twice on the premise of us not lived together for at least two years as we applied as unmarried partner (on the advise from a immigration lawyer in UK knowing our situation). First we applied through the lawyer and there were several issues and then on 2nd attempt applying by myself, below is the decision:

The Decision

• You state that your partner *************** is a German national and is residing in UK. You
have provided evidence that she holds a German ID card.

• On your application you state that you have been in a relationship since 3 June 2016. As
evidence of this you have provided photographs and evidence of whatsapp conversations.

• For an durable relationship to be considered viable we would normally expect to see evidence that the parties have lived together for a minimum period of 2 years. As you have stated within your application that you have never lived together, and in the absence of any significant evidence, this casts doubt upon your relationship as claimed and your intentions in wishing to come to the United Kingdom at this time.

• Your application has been considered in accordance with Regulation 8(5) of the Immigration (EEA) Regulations 2016, but I am not satisfied that you have provided sufficient evidence that you are in a marriage or durable relationship with an EEA national.

• I therefore refuse your EEA Family Permit application because I am not satisfied that you meet all of the requirements of regulation 12 of the Immigration (European Economic Area) Regulations 2016.

Your application does not attract a right of appeal under regulation 36 (3) of the Immigration (European Economic Area) Regulations 2016 as you have failed to supply any evidence of your identity that you are related as claimed to your EEA national sponsor.

Evidence provided

1. Application form
2. My Canadian Passport
3. Certified Copy of Sponsor’s Residence Card
4. Certified copy of Sponsor’s ID Card
5. Assured Shorthold Tenancy Agreement (Including my name as a permitted occupier)
6. Confirmation Letter from Letting Agent at LeGrys
7. Sponsor’s Employment Contract
8. Sponsor’s Employer’s Letter
9. Sponsor’s Payslips (12 months)
10. Sponsor’s Barclays Bank Statements (12 months)
11. Photographs
12. Messages and call logs past 2+ years
13. Copies of electronic tickets of my visits to London, United Kingdom to see her
14. Passport stamps of my latest visits to London, United Kingdom to see her
15. AirBnB confirmation
16. My Birth Certificate and certified copy
17. Employment letter from my employer
18. My Ontario College Diploma
19. My CIBC Bank Statements
20. Money Exchange World Receipt

My question is, should I apply for a fiancee visa or Marriage vistor visa followed by EEA Family permit? Which is logical? Finance visa can be costly and long wait time to decision. Marriage visitor/EEA Family Permit, means I have to go to UK and come back and so on. If you you were in my situation, which would you recommend?