EEA unmarried spouse .... Help

[PutiniEEA]

Hello

I am an unmarried spouse of eea national, we are living together from 7 months, I applied my eea application in March (in March mean 4 months living together, our relationship is older than 2 years but we don't have documents for 2 years together ). We want get married but we need to wait because my gf is waiting for her divorce, once divorce will done then we can give notice for marriage. It's been 3 months my application is pending, it's good for me if they are delaying but I didn't send my passport with application just my gf passport. I am scared what happens next??? Will they come to my house to ask for passport along my refusal in hand.


Will I get right to appeal??
They can take me to detention centre because of my passport??
What should I do, if they take me to detention centre??? What should I do??

Apply for normal appeal or judicial review???

My gf divorce gonna take another 6 weeks to finalise until then we need to wait.

I didn't send my passport because we want to get married so I need passport, can my gf show her EU I'd or full driving license to get married instead of passport.

Kindly reply , thank you!!

[Casa]

You need be able to prove a 'durable relationship', usually covering 2 years. Only submitting evidence of 7 months co-habitation is unlikely to be acceptable.

[PutiniEEA]

What about appeal??

How to come out from detention center?

[Wanderer]

What about appeal??

How to come out from detention center?

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]

Is it not possible to apply appeal after rejection then meantime divorce will sort out?

Then we can get married?

No one answering how to deal appeal

[gozo1]

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]

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.

[PutiniEEA]

What actions they can take on me?

Any ideas ?? So i can little prepare?

[Wanderer]

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.

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.

And that's 24 months.

[PutiniEEA]

Anybody here who can help about appeal please????


Much appreciated !!

[PutiniEEA]

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.

I sent my passport photocopies

[Casa]

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.

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’.

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.

[gozo1]

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.

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.

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

[gozo1]

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.

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’.

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.

Yes I agree the applicant is more likely to succeed in an appeal than on first application.

[PutiniEEA]

I have read again my COA, HO written that they cant confirm my identity ( i sent passport photocopies) but if they need any other requirement so they will contact me.

What it means? They have accepted my application

[gozo1]

It does not mean that your application has been accepted .

[PutiniEEA]

Okay thanks guys for this precious information.


Right of appeal or no?

[gozo1]

Barring any oversight, there will not be a right to appeal.

[Wanderer]

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.

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.

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

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.

Different issue, same point.

Common sense says that 2 years is good rule of thumb, and thankfully that's the rule in UK.

[PutiniEEA]

Barring oversight???

What does it mean??

Why no right of appeal??

[gozo1]

@ Wanderer, you do not have to agree, your disagreement does not change the legal fact, I did not pronounce the judgment, the tribunal did and therefore binding. The scenario described by you with regards Germany is distinct from discussion on this thread for which I am not prepared enlighten you on.

[gozo1]

Barring oversight???

What does it mean??

Why no right of appeal??

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]

Barring oversight???

What does it mean??

Why no right of appeal??

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?

I need passprt for marriage in future

[gozo1]

Really? You are putting the present application at disadvantage on the foot of a potential application? The immigration application isn't to be taken lightly, by the time you get sucked in the appeal system, you will quickly appreciate the need to get things done better.

[PutiniEEA]

I didnt send my passport becuase my solicitor suggest me