Danish-Burmese couple seeking Family Permit - please help!

[DaneinLondon]

I really hope you can all help my girlfriend and I as we both find the UK visa application system beyond confusing! We are hoping to apply for the EEA family permit visa.

I'm Danish and currently working in the UK. My girlfriend is Burmese and currently working in Myanmar. We've been together for 5 years, but have never lived together for more than 22 months at a time as we move around a lot, and roughly 2 years of our relationship has been long-distance.

I've read in other places that in order for her to be eligible to apply for the EEA family permit as an unmarried partner, the general eligibility requirement is that we need to be able to document being in a 'durable' relationship, which to them means cohabiting for at least 2 years prior to the application. Is this rule set in stone, and if not, what is the most effective way of demonstrating that we have indeed been in a committed relationship for the past 5 years?

Thanks!

[Lucapooka]

The two years is not set in stone but is a good benchmark. Nevertheless, from what you have stated, given your separate lifestyles and locations, you have not been living akin to marriage (in a marriage-like relationship) and she will not be considered as your partner. You can try to apply but I am sure it will be refused. She is your girlfriend and there is no girlfriend visa under EU or UK immigration rules. She will have to apply for a UK visit visa but if this is done after a refusal for the EEA Permit, it may also be refused, so you need to think hard before you do anything else.

[DaneinLondon]

Thanks Lucaspooka. It's not what I was hoping to hear but it does clear things up.

We were also considering getting married in Denmark and then applying for the same visa using a marriage certificate, instead of trying to argue for what on paper may not look like a durable relationship - would that work by any chance?

[Lucapooka]

Sure, if you marry that will automatically confirm her status as your partner. Otherwise, as things stand currently, she should be granted a general UK visit visa if she has good ties to her home.

[DaneinLondon]

Thanks Luca. Marriage may be the answer then - we were hoping to only do that once we'd settled in the UK, but it seems we may have to do it the other way around!

Thanks also for the visit visa suggestion - the problem is though that that in itself wouldn't allow her to do anything here (work/study), so it wouldn't be a viable long-term solution.

[Obie]

Well it will allow her to work and study in the UK.

Provided of course, you are a qualified person.