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EEA2 UNMARRIED, REFUSED, NOW APPEAL? HELPPPPP!

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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canadiano
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Posts: 2
Joined: Wed Jan 29, 2014 6:39 pm

EEA2 UNMARRIED, REFUSED, NOW APPEAL? HELPPPPP!

Post by canadiano » Wed Jan 29, 2014 6:49 pm

Hi everyone,

I'm seeking advice from those who have experienced something similar to me...
I'm a young Canadian woman who is in an almost-3 year relationship with a Slovakian man who is exercising his rights to live and work in the UK, as a European.
I applied for the EEA2 Residence Card, and it was refused. The reason being that we didn't supply enough information to prove to be in a durable relationship. Unfortunately, we've moved 4 times in the past 2 years and receive all of our bills online, so I was only able to provide:
- Our tenancy agreements
- Home office letter saying that my boyfriend is a registered worker
- My national insurance number
We are going to appeal this, as my visa is expired now - I can't re-apply.

I would love any advice on making an appeal: how to appeal without any legal help (financially unable to hire a solicitor), what documents to include (we'll have to get creative there), and if it's worth the hassle of doing an oral hearing vs a paper hearing?
Also, my boyfriend and I live with a flatmate, a family friend of mine from Canada, maybe this affected the application, as "akin to marriage" couples don't often live with friends. Would it be worth it to do an oral hearing and drag her in as a witness?

PLEASE HELP!

askmeplz82
Diamond Member
Posts: 1743
Joined: Wed Jun 13, 2012 1:47 pm

Re: EEA2 UNMARRIED, REFUSED, NOW APPEAL? HELPPPPP!

Post by askmeplz82 » Wed Jan 29, 2014 7:28 pm

it got nothing to do because you living with your friend. You can share a house with 10 people.

Many NON EEA national applied EEA2 when they were living in shared house and home office accepted it. In one case ( a forum member ) was an illegal entrant and he was sharing a house with 6 people. He was in a relationship with an EU national who was also living in the same house. So he applied as an unmarried partner after 2 years living together in the same address and his application was accepted.

in another case an EEA national and his NON EU unmarried partner only lived together for 1 year in the same house but they are in relationship for 3/4 years and home office issued NON EEA national RC.

It all depend on information you provide. For unmarried partner UKBA ask for more information.

Tickets. hotel booking if you went on holiday
Photos,
statement from friends and family
Greeting cards,
Text messages, eMails, phone records,

please read here...

http://www.immigrationboards.com/eea-ro ... 01080.html
UK Student Visa : 04/2004 - 09/2009
EEA Residence Card : 07/2010 - 7/2015
EU Settled Status: Confirmed on 16th July 2019
Naturalisation : Confirmed on 02nd Oct 2020
Passport Approval : 21st Feb 2021

vinny
Moderator
Posts: 32965
Joined: Tue Sep 25, 2007 8:58 pm

Re: EEA2 UNMARRIED, REFUSED, NOW APPEAL? HELPPPPP!

Post by vinny » Wed Jan 29, 2014 9:46 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

canadiano
Newly Registered
Posts: 2
Joined: Wed Jan 29, 2014 6:39 pm

Re: EEA2 UNMARRIED, REFUSED, NOW APPEAL? HELPPPPP!

Post by canadiano » Thu Jan 30, 2014 12:39 pm

UPDATE ON MY CASE:
Thank you for the info/advice so far!
We've decided that we are going to appeal it, and without a lawyer. We are going to do an oral hearing and have our flatmate come in as witness.

ANY ADVICE ON DOING AN APPEAL WITHOUT LEGAL AID?

ANY ADVICE ON WHAT TO BRING IN AS EVIDENCE?
My dad is sending an Affidavit from Canada, stating that we are in a true relationship, and with details of it.
I am going to write a cover letter for the Appeal, as well as an organized list of the evidence. Also a few freinds are sending in statements. We also have birthday, anniversary and valentines cards to eachother, and a few photos (we never take photos. we only have a few)

ANY INFORMATION ON THE AVERAGE TIME IT TAKES TO GET A HEARING, AND HOW LONG AFTER IT TAKES TO RECEIVE THE RESIDENCE CARD UPON APPROVAL?

Thank you for any information you can provide.

Mani1986
Newly Registered
Posts: 21
Joined: Sat Jun 21, 2014 10:55 am

Re: EEA2 UNMARRIED, REFUSED, NOW APPEAL? HELPPPPP!

Post by Mani1986 » Fri Feb 06, 2015 9:58 pm

Hii

Any update with your case. Did you go for appeal? what is the outcome of your appeal case I am in similar situation. thanks

abzz
Newly Registered
Posts: 3
Joined: Sat Mar 21, 2015 10:53 pm

Re: EEA2 UNMARRIED, REFUSED, NOW APPEAL? HELPPPPP!

Post by abzz » Sat Mar 21, 2015 11:25 pm

Mani1986 wrote:Hii

Any update with your case. Did you go for appeal? what is the outcome of your appeal case I am in similar situation. thanks
hey guys
applied for rc in 09/14 got acknowlgment n after right to work after 2 weeks after 4 months got letter from liverpool for interview only few questions went wrong n hav been told marrige of inconvience so detained me. released me after 1 n half weeks.went for appeal. fees went out from account since 1 n half month still got no date of hearing n yh i dont care watever somebody says that its marrige of incovience or what i love my wife so much so will fight till last breath wish u gd luck guys n help will apprciated pls

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