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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
yes I know but what If we go to court and proof that our relationship is genuine and we want to marriage in future.Casa wrote:To qualify, you must have been living together in a relationship 'akin to marriage' for a minimum of 2 years.
Mani1986 wrote:yes I know but what If we go to court and proof that our relationship is genuine and we want to marriage in future.Casa wrote:To qualify, you must have been living together in a relationship 'akin to marriage' for a minimum of 2 years.
I am so stressed I have already spend my all money to extend my previous visa the one I dint get it. Now I am in eea2 route and the same problem started again refused and appeals. God help everyone357mag wrote:I'm wondering if theres an issue here that could be taken to ECJ.
A couple cohabitating in the UK dont have to prove they have been together for two years to apply for instance for housing benefit. That they say they are living together is enough.
For this two years to apply only to an EEA immigrant is nothing less than discrimination.
Sorry to OP, I diverted your thread there.
It applies to unmarried partners applying under the UK Immigration rules as well. I suppose the purpose is to avoid abuse of the visa if only say 3 months were required as cohab.357mag wrote:For this two years to apply only to an EEA immigrant is nothing less than discrimination.
dufie wrote:This is all getting interesting, let say the unmarried partners have kids and haven't reach the so called 2year cohabiting.I would think it will make their case stronger. I am i right in a way?
That is wrong. I am not sure where you are getting that from. I sought to correct you, but you are getting into the same error.Imshzd wrote:dufie wrote:This is all getting interesting, let say the unmarried partners have kids and haven't reach the so called 2year cohabiting.I would think it will make their case stronger. I am i right in a way?
Kids may strong the relationship but not meet the RC requirements if less then two years,unless meet the derivative right of residence.
Thanks for the detail reaply Obie. We applied under EU law, we sent them joint bank statement, written statement of both of us and we are living on same adress from feb 2014, we also mentioned them we want to get married in future. we have lots of witnesses and they are happy to go to the court even.Obie wrote:For Durable partners under EU law, there is no mandatory period of two years. In fact there is not a mandatory period, and there cannot lawfully be a mandatory period.
All facts and circumstance of the case will have to be taken into consideration such as, whether there is a child, joint financial committment and plan to get married in the future. Unlike common law partnership under the immigration rules, there is no such requirement for Durablw partner. it is an EU law concept, which cannot be defined by national law.
National law can state what they would expect to see, in order to satisfy themselves that a relationship is durable, but it cannot be a hard and fast rule, not lawfully anyway.
The OP is entitled to appeal, this will provide protection against enforcement action. By the time of the appeal, depending on where he resides in the UK, the relationship would have endured longer, and by then they may have been able to get married.
The judge will deal with the appeal as matters stand on the day of the hearing.
Mani1986 wrote:Helllo guys,
I am pakistani national and I applied for eea2 unmarried visa with my Italian partner. we are together from january 2013 and I applied for eea2 with proofs less than one year included (joint bank statement, witness statements, her bank statement, my bank statement, lods of photographs, tickets etc). My visa is refused with right of appeal. The reason HO mentioned is " our relationship proof" is less then 2 years.
Any one in same situation?? I have 2 options appeal or reapply with more proofs. which one is better ? anyone can help me will be appreciated.
vinb5 wrote:Hi
Even am in same situation.
did u get acknowledged letter
did u get Coa with right to work or not
is your case pending.
We have marriage date in register but we want marry in front of our families and as am indian I need to wait for certain date.
So we are delayed both of us are asian but my partner is Swiss asian.
I want to stay in country for another few months.
So what happen with your case.
Yes I did get acknowledgement letter but work not allowed. but in august 2013 my case was refused because of less than 2 years cohabitation. Home office raised point that it is not durable relationship. and now in march i am going to the court. Hopefully i will win it. Even my relationship is going to be more than 2 years but we still do not have 2 years cohabitation which is worrying me alot. what about you? is your case still pending?
Mani1986 wrote:Helllo guys,
I am pakistani national and I applied for eea2 unmarried visa with my Italian partner. we are together from january 2013 and I applied for eea2 with proofs less than one year included (joint bank statement, witness statements, her bank statement, my bank statement, lods of photographs, tickets etc). My visa is refused with right of appeal. The reason HO mentioned is " our relationship proof" is less then 2 years.
Any one in same situation?? I have 2 options appeal or reapply with more proofs. which one is better ? anyone can help me will be appreciated.