ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Anyone got EEA efm (unmarried partner) without cohabitation for 2 years?

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

Locked
Kamac
Newly Registered
Posts: 2
Joined: Sat Feb 23, 2019 10:20 am
Hong Kong

Anyone got EEA efm (unmarried partner) without cohabitation for 2 years?

Post by Kamac » Sat Feb 23, 2019 10:52 am

Hello,

Probably it’s not the best question to ask about, but I am so worried about my application.

My solicitor told me it’s not a must to live together for 2 years if you have enough evidence. ( we don’t have a kid though) , I got tier 5 visa and met my partner in the company, so actually I won’t be able to reach two years coz my visa only last for two years. We lives together for more than a year though. So we decided to go for it anyway. But all the information I can find online shows 2 year cohabitation is essential.

But my colleague applied for the same visa successfully even though they don’t have kid, not living together for 2 years, don’t even have a joint bank account.

So I am wondering is there any more successful cases like that?

kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 11:57 am
European Union

Re: Anyone got EEA efm (unmarried partner) without cohabitation for 2 years?

Post by kamoe » Sat Feb 23, 2019 4:43 pm

Kamac wrote:
Sat Feb 23, 2019 10:52 am
My solicitor told me it’s not a must to live together for 2 years if you have enough evidence.
This is true, but it is also not the norm. Each application is considered on its own merits and can be successful in cases where cohabitation is less than two years, with strong evidence (23 months with a shared bank account and a child is more likely to be accepted than 14 months, with only individual bank accounts, and no children).

For what is worth, a respected solicitor I approached for advice back in the day, said something to me that to the present day I have not forgotten: "The HO likes to see people sharing money."
I got tier 5 visa and met my partner in the company, so actually, I won’t be able to reach two years coz my visa only last for two years. We lives together for more than a year though. So we decided to go for it anyway. But all the information I can find online shows 2 year cohabitation is essential.
The problem you have is that applying for a family residence card just when another visa is running out is a factor of suspicion. You have an interest in showing impending evidence that your relationship is genuine and that you are not applying for the permit just because your other visa is expiring. This does not mean your application will be refused, just that you need to prepare it extremely well.

Take a look at this old post of mine, where I explain what I think are the best tips for preparing a successful unmarried partner application: eea-route-applications/unmarried-partne ... 03285.html
But my colleague applied for the same visa successfully even though they don’t have kid, not living together for 2 years, don’t even have a joint bank account.
Again, each case is considered on its individual merits.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 11:57 am
European Union

Re: Anyone got EEA efm (unmarried partner) without cohabitation for 2 years?

Post by kamoe » Sat Feb 23, 2019 4:49 pm

Errata: "The HO likes to see COUPLES sharing money."
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

Kamac
Newly Registered
Posts: 2
Joined: Sat Feb 23, 2019 10:20 am
Hong Kong

Re: Anyone got EEA efm (unmarried partner) without cohabitation for 2 years?

Post by Kamac » Sat Feb 23, 2019 10:01 pm

Take a look at this old post of mine, where I explain what I think are the best tips for preparing a successful unmarried partner application: eea-route-applications/unmarried-partne ... 03285.html
Thank you.
I did everything I could.
Over 100 photos, we wrote the date, the place and the reason we took the photo one by one.
Over 80 pages of chat records, which shows we actually we are planning our future. ( Not sure if they will read though :( )
Friends and colleague supporting letters.
Joint bank account statement for half a year.
Tenant agreement under both names.
Letters under the same address.

But we can't find the utility bills with our names :| the letter they sent us named "Occupier" :|
We can only send the direct debit screenshot from our bank statement.


just hope everything is going to be fine.

Just curious, Does nationality matters?
I am holding BN(O)
but my colleague hired the same solicitor for the same EFM, but they charged her double (Chinese Passport). :?

Thank you for your kind advise again.

Alinacarolina
Newbie
Posts: 35
Joined: Mon Dec 24, 2018 10:10 pm
United Kingdom

Re: Anyone got EEA efm (unmarried partner) without cohabitation for 2 years?

Post by Alinacarolina » Sat Feb 23, 2019 11:05 pm

Kamac wrote:
Sat Feb 23, 2019 10:01 pm
Take a look at this old post of mine, where I explain what I think are the best tips for preparing a successful unmarried partner application: eea-route-applications/unmarried-partne ... 03285.html
Thank you.
I did everything I could.
Over 100 photos, we wrote the date, the place and the reason we took the photo one by one.
Over 80 pages of chat records, which shows we actually we are planning our future. ( Not sure if they will read though :( )
Friends and colleague supporting letters.
Joint bank account statement for half a year.
Tenant agreement under both names.
Letters under the same address.

But we can't find the utility bills with our names :| the letter they sent us named "Occupier" :|
We can only send the direct debit screenshot from our bank statement.


just hope everything is going to be fine.

Just curious, Does nationality matters?
I am holding BN(O)
but my colleague hired the same solicitor for the same EFM, but they charged her double (Chinese Passport). :?

Thank you for your kind advise again.
Photos are not considered as strong proof. Joint bank statements where both of your income falls or savings together. Tenancy agreement on both your names and utility bills are strong proofs.

kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 11:57 am
European Union

Re: Anyone got EEA efm (unmarried partner) without cohabitation for 2 years?

Post by kamoe » Sun Feb 24, 2019 7:48 am

Kamac wrote:
Sat Feb 23, 2019 10:01 pm

Over 100 photos, we wrote the date, the place and the reason we took the photo one by one.
100 photos is way too much. You don't want them to drown them in unnecessary documents only to overlook the more important ones. Photos can help, but 10 very well selected ones are more than enough.
Over 80 pages of chat records, which shows we actually we are planning our future. ( Not sure if they will read though :( )
Same as above, and no, they will not read all that. Do think what are the 5-10 more significant pages, and select examples that are evenly spread over the period of time your relationship exists (2-3 per year over the last two years would be the most relevant).
Friends and colleague supporting letters.
This helps, again, don't send more than 5.
Joint bank account statement for half a year.
Good as well, best if you can have/wait a few more months.
Tenant agreement under both names.
Perfect. Do you have at least two? Like one for the first year and one for this current year, even if has not finished?
Letters under the same address.
Do you have letters, with their envelope (actually the most important thing is the enveloppe, showing address and stamp date), sent to the both of you? (as opposed to individually just one of you.) If so, that would be perfect.

Again, you need 6 pieces of correspondence addressed to the both of you in total, evenly spread over the last two yeas. If you do not have 6 jointly addressed, then you need 6 addressed to each one of you (so 12 in total). Send the number of letters that complete whatever you cannot complete in joint bills. Note that bank statements sent in paper also counts as correspondence.
But we can't find the utility bills with our names :| the letter they sent us named "Occupier" :|
That's standard first communication when they still don't have your names. After that, have you not given your names (if not, do this immediately), and have not you received an actual bill with your names on it? If more than a year has passed, I would be surprised if this is not the case.

Please, please, please, do contact your service providers and ask them to change the name from Occupier to both of your names. This is super important now, and might also be life saver in the future (and keep all these records in a safe place).

Also, super important: What about council tax? This is the strongest and easiest piece of evidence you can show, as it is mandatory to have your names on the council tax bill. Showing a council tax with only your two names on it is even stronger evidence that you are likely cohabiting as a couple.

Just curious, Does nationality matters?
It shouldn't...
but my colleague hired the same solicitor for the same EFM, but they charged her double (Chinese Passport). :?
That is strange.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

iibdii
Junior Member
Posts: 60
Joined: Wed Jan 15, 2014 1:56 pm
Palestine

Re: Anyone got EEA efm (unmarried partner) without cohabitation for 2 years?

Post by iibdii » Mon Feb 25, 2019 5:37 am

I recieved my 5 year non eu FM on unmarried basis without living together. That was 5 years ago. I was only living with my partner for 5 months at that time.
If u are called for interview that would be best bet as when u can explain things face to face it works better than any written letters pictures etc.
I had to prove my relationship was older than two years in my case which was done by proof of engagement and correspondence and traveling to eachother flight tickets etc

secret.simon
Moderator
Posts: 11136
Joined: Thu Feb 21, 2013 9:29 pm

Re: Anyone got EEA efm (unmarried partner) without cohabitation for 2 years?

Post by secret.simon » Mon Feb 25, 2019 12:55 pm

Kamac wrote:
Sat Feb 23, 2019 10:52 am
Hello,

Probably it’s not the best question to ask about, but I am so worried about my application.

My solicitor told me it’s not a must to live together for 2 years if you have enough evidence. ( we don’t have a kid though) , I got tier 5 visa and met my partner in the company, so actually I won’t be able to reach two years coz my visa only last for two years. We lives together for more than a year though. So we decided to go for it anyway. But all the information I can find online shows 2 year cohabitation is essential.

But my colleague applied for the same visa successfully even though they don’t have kid, not living together for 2 years, don’t even have a joint bank account.

So I am wondering is there any more successful cases like that?
A crucial thing to keep in mind is that your status under EU law only starts when (and if) the Home Office issues you a Residence Card as a durable partner. If your Tier 5 visa expires before then, you will become an overstayer, even if you have already submitted your EEA EFM application before your visa expires. Therefore, you may have to make contingency plans about that eventuality.
iibdii wrote:
Mon Feb 25, 2019 5:37 am
That was 5 years ago.
A lot of water has flown under a lot of bridges since then.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Th100
Newly Registered
Posts: 19
Joined: Thu Apr 04, 2019 12:15 pm
United Kingdom

Re: Anyone got EEA efm (unmarried partner) without cohabitation for 2 years?

Post by Th100 » Thu Apr 04, 2019 3:31 pm

Hi Kamac,

I hope your process goes smoothly.
I’m in the similar situation as well and would like to know how is your process ?
Did you get anything back from home Office?

Thanks

User avatar
CR001
Moderator
Posts: 87461
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Anyone got EEA efm (unmarried partner) without cohabitation for 2 years?

Post by CR001 » Thu Apr 04, 2019 3:43 pm

Th100 wrote:
Thu Apr 04, 2019 3:31 pm
Hi Kamac,

I hope your process goes smoothly.
I’m in the similar situation as well and would like to know how is your process ?
Did you get anything back from home Office?

Thanks
Kindly continue in your own topic which would be an application under the UK immigration rules. This topic is an application under the EEA/EU regulations as partner of an EU (non British) citizen.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Th100
Newly Registered
Posts: 19
Joined: Thu Apr 04, 2019 12:15 pm
United Kingdom

Re: Anyone got EEA efm (unmarried partner) without cohabitation for 2 years?

Post by Th100 » Thu Apr 04, 2019 4:04 pm

CR001 wrote:
Thu Apr 04, 2019 3:43 pm
Th100 wrote:
Thu Apr 04, 2019 3:31 pm
Hi Kamac,

I hope your process goes smoothly.
I’m in the similar situation as well and would like to know how is your process ?
Did you get anything back from home Office?

Thanks
Kindly continue in your own topic which would be an application under the UK immigration rules. This topic is an application under the EEA/EU regulations as partner of an EU (non British) citizen.
Sorry . My apologies

Juliav
Newly Registered
Posts: 4
Joined: Mon Mar 25, 2019 12:43 pm
France

Re: Anyone got EEA efm (unmarried partner) without cohabitation for 2 years?

Post by Juliav » Sun May 05, 2019 7:31 pm

Hi Kamac,

Have you received a decision yet? I’m in a similar position.

Locked