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2 years provable cohab, if you don't have it and cannot marry because she is not free to marry, you don't have any options so my advise is to go home, wait till you are free to marry and do it properly, it will pay benefits.PutiniEEA wrote:What about appeal??
How to come out from detention center?
It is and it isn't - in the absence of any set EU rule the UK does what it normally does (and any other state) - uses the local version.gozo1 wrote:2 Years cohabitation is not a mandatory requirement under EU, there is no reason why the application cannot succeed, of course UKBA may assert marriage of convenience, which is entirely not relevant at the moment, but definitely EU law does not make a mandatory requirement of 2 years cohabitation.
gozo1 wrote:If the UKVI cannot identify you, how do you expect them to consider your application? Did you provide any other identification document? You are unlikely to get a right of appeal with any refusal decision.
Agreed, except for the situation as it currently stands where the Home Office will apply guidance as set out in the European Casework Instructions, which is based under Immigration Rules applied to unmarried partners. The Council Directive 2004/38/EC and the 2006 Regulations don't provide a definition of a ‘durable relationship’.gozo1 wrote:2 Years cohabitation is not a mandatory requirement under EU, there is no reason why the application cannot succeed, of course UKBA may assert marriage of convenience, which is entirely not relevant at the moment, but definitely EU law does not make a mandatory requirement of 2 years cohabitation.
Wanderer wrote:It is and it isn't - in the absence of any set EU rule the UK does what it normally does (and any other state) - uses the local version.gozo1 wrote:2 Years cohabitation is not a mandatory requirement under EU, there is no reason why the application cannot succeed, of course UKBA may assert marriage of convenience, which is entirely not relevant at the moment, but definitely EU law does not make a mandatory requirement of 2 years cohabitation.
And that's 24 months.
Yes I agree the applicant is more likely to succeed in an appeal than on first application.Casa wrote:Agreed, except for the situation as it currently stands where the Home Office will apply guidance as set out in the European Casework Instructions, which is based under Immigration Rules applied to unmarried partners. The Council Directive 2004/38/EC and the 2006 Regulations don't provide a definition of a ‘durable relationship’.gozo1 wrote:2 Years cohabitation is not a mandatory requirement under EU, there is no reason why the application cannot succeed, of course UKBA may assert marriage of convenience, which is entirely not relevant at the moment, but definitely EU law does not make a mandatory requirement of 2 years cohabitation.
When deciding whether a relationship is a 'durable one' the Home Office consider the following points;
1. The couple have been living together in a relationship 'akin to marriage' for at least two years;
2. There is the intention to live together permanently;
3. The couple aren't 'blood' relatives
4. Any previous marriage or other similar relationship by either party has permanently broken down.
I don't agree, as I could not relocate to Germany as an EEA citizen in 2007 as Germany does not acknowledge unmarried partners at all either under EU law or German law since German law does not allow unmarried partners for non-EU and does not therefore incorporate that into local law.gozo1 wrote:Wanderer wrote:It is and it isn't - in the absence of any set EU rule the UK does what it normally does (and any other state) - uses the local version.gozo1 wrote:2 Years cohabitation is not a mandatory requirement under EU, there is no reason why the application cannot succeed, of course UKBA may assert marriage of convenience, which is entirely not relevant at the moment, but definitely EU law does not make a mandatory requirement of 2 years cohabitation.
And that's 24 months.
I cannot fully concur with you on that, you cannot apply the domestic rule especially when its not as generous, the relationship needs to be considered as a whole and not just the term of cohabitation see;
Although Mr Subramanian did not raise the point, it is accepted by the Tribunal in reported decisions that despite the reference in UKBA European Casework Instructions to proof of a durable relationship requiring evidence that the relationship has lasted two years, the concept of a durable relationship is a term of EU law and as such it does not impose a fixed time period: see YB. Having said that, on the judge’s findings the relationship had only been shown to exist, if at all, very recently and on the appellant’s own evidence his partner was economically self sufficient. Mr Subramanian sensibly did not seek to argue that the appellant was entitled to succeed in showing that the relationship was durable if only a very recent relationship could be established. For the avoidance of doubt I would add that on the basis of the evidence before the FTT judge a durable relationship had not been established.
http://www.bailii.org/uk/cases/UKUT/IAC ... itius.html
Except is there were to be some mistake by the caseworker, taking into account that they have not been able to confirm your identity, you will not be given a right of appeal. Is there a reason why you could not provide an original ID?PutiniEEA wrote:Barring oversight???
What does it mean??
Why no right of appeal??
I need passprt for marriage in futuregozo1 wrote:Except is there were to be some mistake by the caseworker, taking into account that they have not been able to confirm your identity, you will not be given a right of appeal. Is there a reason why you could not provide an original ID?PutiniEEA wrote:Barring oversight???
What does it mean??
Why no right of appeal??