EEA durable relationship question.. difficult situation

[paullight]

I would like to ask good people of this forum for some advice on what can be done in our situation.

My non-EEA partner has claimed asylum and had her application refused and appeal rights exhausted. We moved in together 10 months ago when she was evicted from her accommodation provided by HO when her claim was refused.

I'm an EEA national, have been living in UK for 9 years and am working supporting both of us. The situation is very difficult as my partner is not allowed to work, travel or access nhs and we have no idea what's going to happen next or when. She only goes to sign at HO and has been for the past 10 months. Our lives are on hold. Also, we can't get married as she has no documents.

My question is - do we have any chance under durable relationship EEA route? As we've been together only 10 months. We also don't have many proofs, no joint bank statements or bills and I'm the only person on tenancy agreement. The landlord can write us a letter.

Or is there any other route? We are desperate and the situation is very stressful. We are thinking of writing a letter to the HO asking what her situation is but I doubt we'll have any clear answers.

Thank you so much for any advice.

[el patron]

Would be well worth putting in an EEA2 application. The way the appeal system is performing if she is refused and appeals it could be over 12 months time before she becomes 'ARE' with respect to that initial EC treaty rights (EEA2) application, by which time she may be able to evidence the preferred 2 years of being together in a durable partnership and that would trigger valid grounds for a fresh EEA2 application! Hope that may be of some help to you!

[saiyuki91]

Hi
I thought i would post here as i am in a similar situation.
I am in a recent 6 month relationship and not been living together, what are my chanced of applying on a sea application with my french national partner?
Also other details below...

I am hoping you can help shed some light on my issue. I am a british born (with british birth certificate) over 21 overstayer since nearly 10 years now. Left the uk in the early 90's as a child with my non british parents and returned to the uk when i was 13. I have british citizen family members aunts, uncles grandparents, etc who i live with. I have been living and working legally with my birth certificate. My only issue is being stateless and not having the right to reside or travel.
I have been refused an application based on private life and have been refused also a judiciary review and now my solicitor is advising a request for a removal direction in order to gain a right of appeal against this decision in court.
I just wanted to know if there are any other grounds i could apply on as a fresh application or anything else i can do to help my situation.

Hope to hear from someone soon.

Thanks

[paullight]

Would be well worth putting in an EEA2 application. The way the appeal system is performing if she is refused and appeals it could be over 12 months time before she becomes 'ARE' with respect to that initial EC treaty rights (EEA2) application, by which time she may be able to evidence the preferred 2 years of being together in a durable partnership and that would trigger valid grounds for a fresh EEA2 application! Hope that may be of some help to you!

Thank you el patron, this is helpful. Do you think that HO may take into account the time before we moved in together, when we were in relationship for 6 months already? The other thing we don't have utility bills in our name as it's all included in rent, I'm the only person on tenancy agreement and she's not on my bank account yet.

[el patron]

What nationality is she? Get her on as many documents as possible to help prove residence. Don't delay the EEA2 application, she has no rights whatsoever under EC rules without the Residence Document, except a right of appeal in respect of a refusal.

[Imshzd]

I would like to ask good people of this forum for some advice on what can be done in our situation.

My non-EEA partner has claimed asylum and had her application refused and appeal rights exhausted. We moved in together 10 months ago when she was evicted from her accommodation provided by HO when her claim was refused.

I'm an EEA national, have been living in UK for 9 years and am working supporting both of us. The situation is very difficult as my partner is not allowed to work, travel or access nhs and we have no idea what's going to happen next or when. She only goes to sign at HO and has been for the past 10 months. Our lives are on hold. Also, we can't get married as she has no documents.

My question is - do we have any chance under durable relationship EEA route? As we've been together only 10 months. We also don't have many proofs, no joint bank statements or bills and I'm the only person on tenancy agreement. The landlord can write us a letter.

Or is there any other route? We are desperate and the situation is very stressful. We are thinking of writing a letter to the HO asking what her situation is but I doubt we'll have any clear answers.

Thank you so much for any advice.

First of all,non EEA national is a failed asylum seeker,
Second not married,
Thirdly,living together for just 10 months plus no joint financial commitments.
Fourthly no child so far.

I don't thing so that you can get any relief under EU regulations unless your are a married couple and EEA national is a qualified person.

As you are in the country for last 9 years so if we assume that you are a British citizen or holds PR,then hmmm no,sorry to say as per your non EEA nationals situation under uk immigration rules,there is no hope.

It's better if your non EEA national appeal and try to convince the court on the asylum.
So my advice to your non EEA national partner is to stay on one lane and do concentration on his asylum case in appeal and should explain the family circumstances in the court.

[el patron]

I would like to ask good people of this forum for some advice on what can be done in our situation.

My non-EEA partner has claimed asylum and had her application refused and appeal rights exhausted. We moved in together 10 months ago when she was evicted from her accommodation provided by HO when her claim was refused.

I'm an EEA national, have been living in UK for 9 years and am working supporting both of us. The situation is very difficult as my partner is not allowed to work, travel or access nhs and we have no idea what's going to happen next or when. She only goes to sign at HO and has been for the past 10 months. Our lives are on hold. Also, we can't get married as she has no documents.

My question is - do we have any chance under durable relationship EEA route? As we've been together only 10 months. We also don't have many proofs, no joint bank statements or bills and I'm the only person on tenancy agreement. The landlord can write us a letter.

Or is there any other route? We are desperate and the situation is very stressful. We are thinking of writing a letter to the HO asking what her situation is but I doubt we'll have any clear answers.

Thank you so much for any advice.

First of all,non EEA national is a failed asylum seeker,
Second not married,
Thirdly,living together for just 10 months plus no joint financial commitments.
Fourthly no child so far.

I don't thing so that you can get any relief under EU regulations unless your are a married couple and EEA national is a qualified person.

As you are in the country for last 9 years so if we assume that you are a British citizen or holds PR,then hmmm no,sorry to say as per your non EEA nationals situation under uk immigration rules,there is no hope.

It's better if your non EEA national appeal and try to convince the court on the asylum.
So my advice to your non EEA national partner is to stay on one lane and do concentration on his asylum case in appeal and should explain the family circumstances in the court.

Non-EEA national is already ARE.
EEA national is a qualified person.
EEA national has not stated they have gained British citizenship.
Non-EEA national durable partner can by all means apply on form EEA2 and will have a right of appeal upon refusal.

[paullight]

Non-EEA national is already ARE.
EEA national is a qualified person.
EEA national has not stated they have gained British citizenship.
Non-EEA national durable partner can by all means apply on form EEA2 and will have a right of appeal upon refusal.

Thanks el patron. The above is correct. We will go for it asap once we gather as many docs as possible.

[paullight]

Non-EEA national is already ARE.
EEA national is a qualified person.
EEA national has not stated they have gained British citizenship.
Non-EEA national durable partner can by all means apply on form EEA2 and will have a right of appeal upon refusal.

After looking around the HO website I have a couple of more questions on this.

1. It seems the applicant has to provide their passport. My partner hasn't got one, her only id at the moment is an ARC card. Will they consider this?

2. Even if they do and the application is granted, it seems like the residence card takes the form of a stamp in the passport or a piece of paper together with the passport. So to have the passport is necessary.

3. The website says that if the application is refused on grounds of not providing satisfactory evidence, appeal is not the appropriate way, rather a new application should be submitted. Is that correct?

Any thoughts?

[el patron]

Regulations have been amended, they now allow for the consideration of applications with alternative proof of nationality, such as you describe. The guidance you are reading may be outdated, or simply inaccurate. I would expect in your partner's case that a right of appeal would arise following a refusal.

[paullight]

Regulations have been amended, they now allow for the consideration of applications with alternative proof of nationality, such as you describe. The guidance you are reading may be outdated, or simply inaccurate. I would expect in your partner's case that a right of appeal would arise following a refusal.

What rights does a RC confer in terms of travel? In and out of UK? Within EU? Outside EU? Can HO issue a travel document based on RC?

[paullight]

Does anyone know how does the Residence Permit work in terms of travel? Is it possible at all to travel in Schengen area without a passport but only with RC?

How about HO travel documents? Can they issue one based on RC if there is no passport? Are they valid to Schengen?

Many thanks.

[paullight]

Can anyone help?

It's now our second EEA2 application and it's been refused, reason: not enough evidence of durable relationship. We didn't have any bills or bank statements in both our names so we sent our tenancy agreement (which they said without further documentation HO can't verify its authenticity), some letters with my and my partner's name, photos (they said there is no way of establishing durable relationship from these) and personal statements from friends (they said these are not acceptable).

The good news is we can appeal but how do we argue on what grounds? We have some additional documents we may send.

Any help will be appreciated, this is quite urgent.

[Obie]

10 months is not a very long period of relationship.

Have you got any child?

You can get her name on Utility bills, like gas and electricity. That is possible.

Human Right Grounds can also be raised.

[paullight]

Thanks Obie. If you look at the date of my original post, that was over a year ago. We have now been living together for 2 years almost to the date.

Also, the difficulty with utility bills is that all our bills are included in rent (except broadband), and she would not be able to pay them in her name anyway as she is not eligible to open a bank account.

Any ideas on how to raise Human Rights grounds? They mentioned Article 8 in refusal letter and that there are now separate forms for this (right to family life/private live, 5 or 10-year route).

[paullight]

And we don't have a child however we are taking steps, currently there is a medical issue around that so we have some letters from hospital.

[Obie]

I see. I thought it was January 2015 that i saw.

You can put the broadband in her name, but you are the one from whom the direct payment is originated.

There is no problem with that.

[paullight]

Can we send reconsideration request at the same time as appeal?

[Obie]

You could if you so wish, but i am doubtful if anything positive will come out of it.

[el patron]

personal statements from friends (they said these are not acceptable).

They will be very useful evidence at a hearing, take steps to secure the attendance at the hearing of the friends who wrote them.

[paullight]

I am updating this thread in hope that somebody can help.

When my partner's application was refused, her lack of id was noted but refusal was on grounds of not providing enough evidence of relationship. We appealed and won the appeal, the judge accepted that we are in relationship and noted that my partner should be granted RC.

After that however, HO refused the application on grounds of my partner not having an id document. There is no right of appeal.

What can we do? Is there some way we can argue about lack of id due to circumstances beyond control? As it is now, she is in danger of being detained.

[Obie]

If Home Office failed to give effect to an unappealed decision of the tribunal, then that is a serious matter.

[paullight]

Obie can you please elaborate on that?

[Obie]

Well if judge allowed your appeal an ordered that a Residence Card should be refused, then Home office cannot refuse again, without having appealed that decision.

The caselaw does not permit that.

[paullight]

Thanks. Just to clarify, the judge upheld our appeal re. relationship evidence, and said that HO must now reconsider whether to exercise discretion and grant the RC card. So they didn't _order_ HO to grant it. HO refused on grounds of lack of id document.