What is exactly a DURABLE relationship

[spike_UK]

Hi all,,,,,,could you please explain. How do you prove a durable relationship?

If the couple(non EEA+EEA) not married but live together and EEA exercise treaty right and have all the evidence..... is this called family member of EEA?
What is exactly a durable relationship?

[Samelamin]

a durable relationship is when you have lived with your partner for 2+ years and have the documents to prove it

best practice is to have 3 sets of papers cover the 3 year period

bank statements+bills+lease or contract

[spike_UK]

Thanks for reply,
So documents can be bills and the paper with both names u have mentioned.
So does these 2 years before marriage + 3 years marriage = PR ?

2 yrs living together and then get married and continues marriage for 3 yrs is 5 yrs for PR.
I believe it is must so many different opinion on this forum which all good to know, so what do u think?

[Samelamin]

Thanks for reply,
So documents can be bills and the paper with both names u have mentioned.
So does these 2 years before marriage + 3 years marriage = PR ?

2 yrs living together and then get married and continues marriage for 3 yrs is 5 yrs for PR.
I believe it is must so many different opinion on this forum which all good to know, so what do u think?

It doesnt work that way mate

You will have to apply to EEA and get it for 5 years then stay under that visa for the full 5 years before you can apply for the PR

eother that or stay in the country for 10 years, my understanding is your clock restarts, but others feel like whatever is the shortest route will get you the PR

but you cant be married for 5 years under a different visa then apply for PR

[spike_UK]

,,

[spike_UK]

Hi again, please pay ur attention, do u have any knowledge.

They say by having a RC or Family permit then u r a family member of EEA, so how come a lot of cases after they have refusal for PR they appeal and they win, based on they lived together and exercising treaty for 5 yrs and the unmarried non EEA only had work permit then Tier 1 from HO during these 5 yrs, many thanks

[MarksGrace]

Hi I need help... I'm a non-eu partner of an EEA excercising treaty rights in UK. We've been in the relationship January 2010 but only lived together since November 2010. We now have a son born January 2012... will I be eligible for a RC based on durable relationship since we have a son now... ( we have plans to get married but not the near future) I have a student visa expiring December 2012. Any help would be appreciated... Thanks

[MelC]

Thanks for reply,
So documents can be bills and the paper with both names u have mentioned.
So does these 2 years before marriage + 3 years marriage = PR ?

2 yrs living together and then get married and continues marriage for 3 yrs is 5 yrs for PR.
I believe it is must so many different opinion on this forum which all good to know, so what do u think?

if you are in the UK as non eu partner of EEA national then after 5 years residence you would be elegible for PR.

your proof would be that of the FULL 5 years.

[MelC]

Thanks for reply,
So documents can be bills and the paper with both names u have mentioned.
So does these 2 years before marriage + 3 years marriage = PR ?

2 yrs living together and then get married and continues marriage for 3 yrs is 5 yrs for PR.
I believe it is must so many different opinion on this forum which all good to know, so what do u think?

It doesnt work that way mate

You will have to apply to EEA and get it for 5 years then stay under that visa for the full 5 years before you can apply for the PR

eother that or stay in the country for 10 years, my understanding is your clock restarts, but others feel like whatever is the shortest route will get you the PR

but you cant be married for 5 years under a different visa then apply for PR

the clock would restart? i like that lol

whatever visa the non eu was on to start with, once they formed a relationship with an EEA national from that point on its the beginning of a durable, and possible later marriage.

[Obie]

Durable relationship is a "Community Law Term" which cannot be defined by national legislation. National law requiring a relationship to have subsisted for two years and cohabitation during this period, are taking a restrictive approach to this broad term.

To determine whether or not a relationship is durable, an extensive examination of the relationship should be undertaken, taking into account the length (which is not absolute), joint financial committment, whether there are children in the relationship, fututure intention of the couple, joint mortgage. Evidence from friends or relative attesting to the strength of the relationship, cultural norm, level of emotional dependancy. All or these has to be considered before a conclusion can be drawn on whether the relationship is durable in nature.

[MelC]

Durable relationship is a "Community Law Term" which cannot be defined by national legislation. National law requiring a relationship to have subsisted for two years and cohabitation during this period, are taking a restrictive approach to this broad term.

To determine whether or not a relationship is durable, an extensive examination of the relationship should be undertaken, taking into account the length (which is not absolute), joint financial committment, whether there are children in the relationship, fututure intention of the couple, joint mortgage. Evidence from friends or relative attesting to the strength of the relationship, cultural norm, level of emotional dependancy. All or these has to be considered before a conclusion can be drawn on whether the relationship is durable in nature.

nicely said Obie!

do they not use 2 years as a benchmark?

i always think what about a couple that have met, been in a relationship for 6 months, but have already set plans for the future? perhaps a wedding booked for a year or so ahead, saving together for a home of thier own etc, how much does "diatta" come into it? in respect of cultural norms? what about religious norms? or plain and simple a couples personal choice?

i think there is too much rigidity in many area's, where member states latch onto a phrase, a sentence and apply it rigidly when there clearly should be flexibility and the rare common sense that is so lacking in so many cases!

[Obie]

I believe the 2 years rule was created by UKBA purely for internal consumption.
They claim the 2 years rule is a benchmark, but in some refusals i have seen, it looks more like a law, or a Statutory requirement or treaty requirement. And this has to be wrong, without a doubt in my not so perfect mind.

[MelC]

I believe the 2 years rule was created by UKBA purely for internal consumption.
They claim the 2 years rule is a benchmark, but in some refusals i have seen, it looks more like a law, or a Statutory requirement or treaty requirement. And this has to be wrong, without a doubt in my not so perfect mind.

I don't think your mind is so bad and I would agree that the UKBA hav a way of making something "sound" like its statutory/law/requirement when its not, the EEA/fp being the prime example with its excess questioning!

I have not had the pleasure of reading specific EEA/fp refusals, those that i have assisted im happy to say got theirs.

[spike_UK]

All I was asking was,,, been in a relation with EEA for 2 years before marriage counts for 5 yrs regulations for PR or not,,,,some people just had work permit(lived together 5 yrs) and after refusal they got the PR.
That is not family member but partner in relationship.