URGENT HELP please

[JUN4]

Hi i have been reading this forum for a while now. Thanks for all the idea and sharing with others.
lemme explain my case quickly.

I came to uk as a TIER4 in 2009. moved in with my partner in 2010, since then we have been living together.
I extended my Tier4 twice in 2013/14 and then i got a job in 2015 offer soon after graduation and i applied for Tier 2 but it got refused. I appealed again and it exhausted in 2016. then the only way i could save my relationship to live with my EEA partner who is already settled here i applied for RC.

the process took almost 8 months to give me the answer "refused" and no right of appeal.

unmarried partners
cohabiting for 7 years now.

submitted hell over lot documents through out 2010-2016.
but my application got refused.
the reasons as follow;
* my joint tenancy agreement is handwritten and it cannot be authenticated.
*and photographs not enough (its a mistake)
*my immigration history
---- i have never mentioned that i have a partner in my previous applications.
----i have never mentioned that i have a partner in my appeal
----i never tried to apply in EEA route before

my question is, can they ignore the joint tenancy agreements like that? and can they birngup my immigration history to burden me with refusal?
could you guys please advise me on these issues please.

thanks.

[MrSlyFox]

unmarried partners
cohabiting for 7 years now.

submitted hell over lot documents through out 2010-2016.
but my application got refused.
the reasons as follow;
* my joint tenancy agreement is handwritten and it cannot be authenticated.
*and photographs not enough (its a mistake)
*my immigration history
---- i have never mentioned that i have a partner in my previous applications.
----i have never mentioned that i have a partner in my appeal
----i never tried to apply in EEA route before

What documents did you submit to prove cohabitation for the seven years other than the tenancy agreement?
i.e
- Bank Statements (Joint accounts?)
- Bills with you and your partners names (Gas, Electricity, Water)
- Council Tax
- Payslips to your address maybe or HMRC statements

Are there other tenancy agreements from previous addresses? Can you ask the landlord for other confirmation?

Why did you say photographs are a mistake?

Is your EEA Family member a qualified person?

[JUN4]

hi thx
sent various amounts of
bank statements,HMRC letters ,p60 645, NHS, HO letters , DVLA, council tax, gas electricity and water bills.

But none of them in joint names except the tenancy agreement.
We share expenses. It normally goes from the my partners account, We dont have joint names on bills or letters but have financial ties. we tried to open a joint bank account or to add him on mine but it turned out to be a failure in credit check. then we left it, it was in 2013.normally i transfer money on to his account (monthly for rent and other bills) and he transfers onto my account on and off. I moved in for him so what ever the bills sofar on his name never been changed (we didnt bother to)

since they are not in joint names, the HO claims we are in a shared house and its not a durable partners.

i used to live in kent before, then i moved in his house. HO is claiming the tenancy agreements need to be authenticated which we didnt it seems. I dont get this point though.

HO says there is only 3 occasions of photographs for this whole year.. but its a small album with atleast 15-20 photos of us and our family.

He is a QP now. He applied with me. (Hes been in the uk like 12 years now, working through out)

[JUN4]

unmarried partners
cohabiting for 7 years now.

submitted hell over lot documents through out 2010-2016.
but my application got refused.
the reasons as follow;
* my joint tenancy agreement is handwritten and it cannot be authenticated.
*and photographs not enough (its a mistake)
*my immigration history
---- i have never mentioned that i have a partner in my previous applications.
----i have never mentioned that i have a partner in my appeal
----i never tried to apply in EEA route before

What documents did you submit to prove cohabitation for the seven years other than the tenancy agreement?
i.e
- Bank Statements (Joint accounts?)
- Bills with you and your partners names (Gas, Electricity, Water)
- Council Tax
- Payslips to your address maybe or HMRC statements

Are there other tenancy agreements from previous addresses? Can you ask the landlord for other confirmation?

Why did you say photographs are a mistake?

Is your EEA Family member a qualified person?

hi thx
sent various amounts of
bank statements,HMRC letters ,p60 645, NHS, HO letters , DVLA, council tax, gas electricity and water bills.

But none of them in joint names except the tenancy agreement.
We share expenses. It normally goes from the my partners account, We dont have joint names on bills or letters but have financial ties. we tried to open a joint bank account or to add him on mine but it turned out to be a failure in credit check. then we left it, it was in 2013.normally i transfer money on to his account (monthly for rent and other bills) and he transfers onto my account on and off. I moved in for him so what ever the bills sofar on his name never been changed (we didnt bother to)

since they are not in joint names, the HO claims we are in a shared house and its not a durable partners.

i used to live in kent before, then i moved in his house. HO is claiming the tenancy agreements need to be authenticated which we didnt it seems. I dont get this point though.

HO says there is only 3 occasions of photographs for this whole year.. but its a small album with atleast 15-20 photos of us and our family.

He is a QP now. He applied with me. (Hes been in the uk like 12 years now, working through out)

[MrSlyFox]

Have you read the guidance for extended family members?
https://www.gov.uk/government/uploads/s ... als_v3.pdf
Page 13 has some information for durable partners.
Your Tenancy agreement did you submit the original signed copy or a photocopy? If it's a photocopy it must be verified.
Do your bank statements show regular transfers between you two?

[secret.simon]

He is a QP now. He applied with me. (Hes been in the uk like 12 years now, working through out)

It sounds like your partner has acquired PR status already. I suggest that he apply for a DCPR asap (before Brexit).

*my immigration history
---- i have never mentioned that i have a partner in my previous applications.
----i have never mentioned that i have a partner in my appeal

In your immigration forms under the UK Immigration route, there is typically a clause that states that you must state all the grounds that you may have a right to reside in the UK. That is likely to prevent people from making application after application on a slow long slog to the 10 year Long Residency route. As I understand it, if you have not mentioned any additional grounds in the application form, you are estopped from claiming it later on.

As you may already know, EFMs such as unmarried partners only get residency once they are issued with a Residence Card. The government must "facilitate" your application and must refuse only with reasons given (i.e. not arbitrarily) after an extensive examination of your circumstances. There is nothing in EU law, to the best of my knowledge, to compel the government to ignore your UK immigration route history and applications at this point in time (i.e. before issuing you a Residence Card).

Even regular monthly payments to your partner's account does not, in my estimation, amount to much. Flatmates typically have regular payments to each other. Even my workplace gambling syndicate collects its funds by regular bank transfer to one of its members.

What you need to prove is that your lives are intertwined together, that is why the joint bank accounts, utility bills, etc. Otherwise, to all the world, you are just long term flatmates.

Since Sala, EFMs have no right of appeal. A marriage would of course trigger immediate rights , but at this late stage may be seen as a "marriage of convenience" and subject to scrutiny itself.

On a slightly different point, be aware that you are an overstayer and have been so since your appeal refusal in 2016. Having an application at the Home office under the EEA Regulations does not provide the same level of protection and/or legality of stay as an application under the UK Immigration Rules. This may count against you in any future applications under the UK Immigration Rules and any future naturalisation applications.

[johnny9765]

I honestly think it comes down to the caseworker and how clued up they are. I was once in the same situation as you when i applied i sent them the same documents as you did. We lived in a shared flat and all bills was incuded in the rent so no bills in our names. We split the rent down the middle so i would transfer money for rent to his account every month. The list of documents we sent was original tenancy agreement along with a signed letter from the landlord stating all bills was was inclusive of the rent, his letters from hmrc, bankstatements for every month for 2 years highlighting transfers between us and when he paid the landlord, 15 screen shot pictures from facebook highlighting the dates, his job contract and 2 years worth of payslips one for each month.

This seemed to be enough for them to accept our relationship akin to marriage even though i got refused there was no mention of not enough evidence to prove your that we are a couple.

Might help to send bank statements for 2 years and get a original contract from landlord along with a letter from him explaing your circumstances.

It should be common sense for the HO to know that not everyone can afford to live on their own and people do often rent just rooms with all bills inclusive.

[JUN4]

Have you read the guidance for extended family members?
https://www.gov.uk/government/uploads/s ... als_v3.pdf
Page 13 has some information for durable partners.
Your Tenancy agreement did you submit the original signed copy or a photocopy? If it's a photocopy it must be verified.
Do your bank statements show regular transfers between you two?

hi there
thanks.
yes my tenancy agreement is a original as in (made some copies of the original form , filled in and signed yearly)

yes our statements show regular transfers between us.


i still dont get why it has been refused though.

[JUN4]

He is a QP now. He applied with me. (Hes been in the uk like 12 years now, working through out)

It sounds like your partner has acquired PR status already. I suggest that he apply for a DCPR asap (before Brexit).

*my immigration history
---- i have never mentioned that i have a partner in my previous applications.
----i have never mentioned that i have a partner in my appeal

In your immigration forms under the UK Immigration route, there is typically a clause that states that you must state all the grounds that you may have a right to reside in the UK. That is likely to prevent people from making application after application on a slow long slog to the 10 year Long Residency route. As I understand it, if you have not mentioned any additional grounds in the application form, you are estopped from claiming it later on.

As you may already know, EFMs such as unmarried partners only get residency once they are issued with a Residence Card. The government must "facilitate" your application and must refuse only with reasons given (i.e. not arbitrarily) after an extensive examination of your circumstances. There is nothing in EU law, to the best of my knowledge, to compel the government to ignore your UK immigration route history and applications at this point in time (i.e. before issuing you a Residence Card).

Even regular monthly payments to your partner's account does not, in my estimation, amount to much. Flatmates typically have regular payments to each other. Even my workplace gambling syndicate collects its funds by regular bank transfer to one of its members.

What you need to prove is that your lives are intertwined together, that is why the joint bank accounts, utility bills, etc. Otherwise, to all the world, you are just long term flatmates.

Since Sala, EFMs have no right of appeal. A marriage would of course trigger immediate rights , but at this late stage may be seen as a "marriage of convenience" and subject to scrutiny itself.

On a slightly different point, be aware that you are an overstayer and have been so since your appeal refusal in 2016. Having an application at the Home office under the EEA Regulations does not provide the same level of protection and/or legality of stay as an application under the UK Immigration Rules. This may count against you in any future applications under the UK Immigration Rules and any future naturalisation applications.

hi there
thankyou for the time.
my partner will be applying soon for the PR.

im worried now

[JUN4]

I honestly think it comes down to the caseworker and how clued up they are. I was once in the same situation as you when i applied i sent them the same documents as you did. We lived in a shared flat and all bills was incuded in the rent so no bills in our names. We split the rent down the middle so i would transfer money for rent to his account every month. The list of documents we sent was original tenancy agreement along with a signed letter from the landlord stating all bills was was inclusive of the rent, his letters from hmrc, bankstatements for every month for 2 years highlighting transfers between us and when he paid the landlord, 15 screen shot pictures from facebook highlighting the dates, his job contract and 2 years worth of payslips one for each month.

This seemed to be enough for them to accept our relationship akin to marriage even though i got refused there was no mention of not enough evidence to prove your that we are a couple.

Might help to send bank statements for 2 years and get a original contract from landlord along with a letter from him explaing your circumstances.

It should be common sense for the HO to know that not everyone can afford to live on their own and people do often rent just rooms with all bills inclusive.

hi there
thankyou for sharing.
i am about to do the statements over this weekend and going to add mobile phone bill where it shows my partner and i call almost everyday during lunch from work. i hardly doubt if flate mates would do that (unless involved emotionally).