EEA2 Non- EU Unmarried partner application /Residence card refused

[Jahson]

Hello everyone,

I would like to seek some urgent advise regarding my EEA unmarried residence card application refusal.
Long story short, I'm a non EU member holding an expired tier 4 student Visa. I have been in a relationship with my EU/ Irish partner for 3 years and 4 months now but we are,not yet married because we are waiting for her divorce to be granted by the court. My partner has two kids from the previous marriage but we don't have any biological child together at the moment. I live together with my partner and our two kids at the same address. My partner and the ex-husband have two flats and when they separated , the husband moved into the second flat and I moved in with partner, both flats are in my partner's names, all the Bill's and council tax too though me and my partner we pay the bills via pay as you go.
In February 2019, I applied for EEA unmarried non EU residence card and it was refused.
My partner is a qualified person(QP) lived in UK for 15yrs with two kids born in UK. She meet the requirements for exercising the treaty rights, we submitted alot of evidence for cohabitation/durable relationship, these included, individual bank statements, phone Bill's, p60s, payslips, letters, Gp letters, a lot of photos, employment letters and letters from friends confirming that we are a couple and living together. All the submitted documents were in individual names but linking us to the same address for the last 3 years and four months. We didnt submit any evidence document in joint names.
The application was submitted by a solicitor on our behalf with a cover letter which didnt see before submission neither after the refusal.

REASON FOR REFUSAL
You have failed to provide any evidence of cohabitation in joint names. Although you have provided some documents in separate names as evidence of you and your sponsor residing at the same address, these are deemed insufficient and while they may indicate that you and your sponsor share the same address, they don't demonstrate that the relationship is genuine.
You have failed to provide any evidence of joint finances, commitments, responsibilities the form of joint tenancy agreement or mortgage statements, joint bank statements, council tax Bill's naming you both as residents and utility Bill's in joint names.
The provided photos are inadequate as evidence of a subsisting durable relationships as there is no way to verify the authenticity and the genuine nature of the photographs.
Given the reason stated above its concluded that you have failed to provide adequate evidence that you are in a durable relationship with Ms................. and so your application falls for refusal.
Questions
a) What is the best option among these 3 options?
1.File an appeal and reapply
2. only appeal without reapplying
3. Reapply without appeal

b) If we open up a joint account and also put our names on the utility Bills, request statements for a few months back in our names, will the home office accept them with an additional cover letter explaining that we don't have a mortgage , tenancy agreement because the house is owned by my partner's ex husband and that the council tax is in his names?
Any advise rendered to me regarding to this matter will be highly appreciated.
Thanks!

[kamoe]

Hang on a second: you do not appear on the Council Tax bill??? That is, pardon me, dodgy as hell. Every adult resident in the UK should appear in the council tax bill of the property they live in. This is because not appearing could be used as an argument against you, that you are trying to dodge your duty to pay council tax.

The inverse also applies: If you can provide substantial Council Tax bills in joint names, that is a very strong evidence -although not sufficient in itself- of legal cohabitation. If you can complement that with a joint bank account and some other utility bill in both names, then your case would look much better.

If it helps at all, read this old post of mine about successfully applying for unmarried partner RC.

[CR001]

Hang on a second: you do not appear on the Council Tax bill??? That is, pardon me, dodgy as hell. Every adult resident in the UK should appear in the council tax bill of the property they live in. This is because not appearing could be used as an argument against you, that you are trying to dodge your duty to pay council tax.

No it does not. Not every person living at the same address MUST be named on the council tax statement. Why do you think this is the case?? It is perfectly normal to have one name on the bill as long as the person is NOT claiming single person discount while living with others.

I live with a friend, but my name is NOT on the Council tax bill, same as my daughter who lives with her partner and the council tax bill is in her name only.

[Jahson]

Hi Kimoe,
Just to clarify, I'm registered on the council tax that I live at the address but I'm not paying the council tax bill therefore, I don't have any access to the council tax account because it's in my partner's ex husband's names and he pays it as part of child support due to an agreement mase between my partner and him.
Thanks!

[kamoe]

Hang on a second: you do not appear on the Council Tax bill??? That is, pardon me, dodgy as hell. Every adult resident in the UK should appear in the council tax bill of the property they live in. This is because not appearing could be used as an argument against you, that you are trying to dodge your duty to pay council tax.

No it does not. Not every person living at the same address MUST be named on the council tax statement. Why do you think this is the case?? It is perfectly normal to have one name on the bill as long as the person is NOT claiming single person discount while living with others.

I live with a friend, but my name is NOT on the Council tax bill, same as my daughter who lives with her partner and the council tax bill is in her name only.

Wow, I'm so, so sorry for my incorrect comment, then. Thanks you for pointing out.

I might have dreamt it then, I've been convinced for years this was the case, that every adult had to appear on their council tax (I think, given that your name on a council tax saves you so many obvious headaches I just assumed it was a requirements). Every person I've met seems to have been named on their council tax. My brain is playing tricks on me today, I'm sorry.

[kamoe]

Hi Kimoe,
Just to clarify, I'm registered on the council tax that I live at the address but I'm not paying the council tax bill therefore, I don't have any access to the council tax account because it's in my partner's ex husband's names and he pays it as part of child support due to an agreement mase between my partner and him.
Thanks!

Hi. Please note the comment above. Just to clarify: I stand corrected, appearing on your council tax is not a legal requirement, so apologies if that mislead you.

My intention was to point out that your appearing in the bill could save you a lot of trouble. Yo do not have to pay the bill yourself, just have your name listed on the bill. Is that the case? If it is, you can submit that as proof of cohabitation.

[Casa]

The issue here is that you appear to have nothing documented in joint names proving you are in a durable relationship 'akin to marriage and not simply 'flat mates'. The Case Worker will want to see joint financial commitments. Photographs and statement from friends carry little weight. Even more so when your partner isn't yet divorced.

Was your partner's marriage declared on the application form

[Jahson]

Hi casa,

On the application my solicitor put my partner as separated even though the divorce process hasn't been finalized. He also added a copy of my partner's divorce court petition. In the refusal letter they didnt say anything about the previous relationship not being broken down yet. We submitted more than 50 pieces of individual evidence documents linking us to the same address for the last 3years but we didn't have anything in joint names honestly.( The solicitor said that it's not an obligation neither legal requirement to have evidence in joint names according to the EEA regulation.
Lastly, can you please advise me specifically basing on the above 2 questions (a &b)? My appeal time is running out and I need to figure out the best option for me.
I would appreciate any help rendered.
Thanks!

[kamoe]

The solicitor said that it's not an obligation neither legal requirement to have evidence in joint names according to the EEA regulation.

However, for the case of unmarried couples, evidence in joint names is the strongest card you could play to prove your relationship is genuine. Inversely, not having evidence of joint commitments is your weakest point as an unmarried couple.

Lastly, can you please advise me specifically basing on the above 2 questions (a &b)?

a) 3. is the quickest option.
b) You do not need to own a house, nor be renting, so no need to give explanations for that.

What is necessary is a variety of different documents (at least 6 in joint names, from at least 3 different sources) that prove you live together (council Tax being the obvious and strongest one, hence my comment on the council tax, which is the obvious evidence you could give. Again, you do not need to be the person paying, just be listed on the bill. Are both your names printed on your council tax bills (regardless of who actually pays), yes or no?.

And yes, the more utility bills have both your names on them, the better. Do read my post I linked to above.

[Jahson]

Hi everyone,

Can anyone please advise me according to my refusal reason and the questions posed above?
Also, I would like to know if the reconsideration request is still applicable to EEA2 Non EU-unmarried partner application.

Thanks!

[askmeplz82]

You won't be able to open a Joint Bank Account with expired residence permit. Bank still asking for UK residence permit when you open account with them

[Jahson]

Hi everyone,

Can anyone please advise me according to my refusal reason and the questions posed above?
Also, I would like to know if the reconsideration request is still applicable to EEA2 Non EU-unmarried partner application.

Thanks!

[Haystacker1]

OP I think you might have to seek legal advice. From what I have read on this forum when I was applying as an unmarried partner of an EU citizen, the unmarried route is tough. To prove you are in a genuine relationship akin to marriage is not easy. I put my phone and internet Bill's for 2 years, my partner bank statements for 2 years, anything that had our name and address for 2 years.

The one thing put that made all the difference was the birth certificate of our child. Every case is different same as every case worker is different but the birth certificate of our child, pictures of me, my child and partner, even pictures of before, during and after pregnancy made all the difference.

The only advice I can give is that maybe you should reapply, this time, maybe wait until your partner's divorce is finalised.

[kamoe]

Can anyone please advise me according to my refusal reason and the questions posed above?

Not sure what else you want us to tell you. We have already told you that you need to supply, ideally, evidence of a joint bank account (which might be tricky given your overstayer situation), and utility bills in both your names, as per your refusal reason:

You have failed to provide any evidence of joint finances, commitments, responsibilities the form of joint tenancy agreement or mortgage statements, joint bank statements, council tax Bill's naming you both as residents and utility Bill's in joint names.

So, instead of asking the same question multiple times, I suggest you read all the already good and comprehensive answers you already have.

Also, I would like to know if the reconsideration request is still applicable to EEA2 Non EU-unmarried partner application.

If by reconsideration you mean appeal, I already told you the quickest way is a fresh re-application, not an appeal.

[kamoe]

From what I have read on this forum when I was applying as an unmarried partner of an EU citizen, the unmarried route is tough. To prove you are in a genuine relationship akin to marriage is not easy.

It is tough if you do not plan and properly prepare for it, or if you simply don't qualify. I have seen too many people here asking if they can apply as unmarried partner of their boyfriend or girlfriend, with whom they do not really live together or with whom they have moved together only recently.

If you qualify and have all your documents in order, it is actually quite straightforward.

I put my phone and internet Bill's for 2 years, my partner bank statements for 2 years, anything that had our name and address for 2 years.

This is not necessary and frankly quite excessive. All you need is 6 pieces of correspondence from at least 3 different sources (for example: 2 council tax bills, 2 energy bills, 1 water bill, 1 bank statement that spread evenly throughout the two years, so not all at the very beginning or end of the period, but equally spread) addressed jointly to the both of you, with dates that spread across the two years. You do not need each and every bill you received over those two years. If you planned for it, showing 2 of each is quite easy. If you are organized you will have this, If you improvise, you won't.

The one thing put that made all the difference was the birth certificate of our child.

No need to have children, I don't have any, and got my two RC smoothly and with absolutely no problems; but yes, if you do not have any more adequate evidence, then this could make a difference.

[Ugosonic]

.

REASON FOR REFUSAL
You have failed to provide any evidence of cohabitation in joint names. Although you have provided some documents in separate names as evidence of you and your sponsor residing at the same address, these are deemed insufficient and while they may indicate that you and your sponsor share the same address, they don't demonstrate that the relationship is genuine.
You have failed to provide any evidence of joint finances, commitments, responsibilities the form of joint tenancy agreement or mortgage statements, joint bank statements, council tax Bill's naming you both as residents and utility Bill's in joint names.
The provided photos are inadequate as evidence of a subsisting durable relationships as there is no way to verify the authenticity and the genuine nature of the photographs.
Given the reason stated above its concluded that you have failed to provide adequate evidence that you are in a durable relationship with Ms................. and so your application falls for refusal.
Questions
a) What is the best option among these 3 options?
1.File an appeal and reapply
2. only appeal without reapplying
3. Reapply without appeal

b) If we open up a joint account and also put our names on the utility Bills, request statements for a few months back in our names, will the home office accept them with an additional cover letter explaining that we don't have a mortgage , tenancy agreement because the house is owned by my partner's ex husband and that the council tax is in his names?
Any advise rendered to me regarding to this matter will be highly appreciated.
Thanks!

Before I go ahead to answer your question, please I have a question for u?
Did you do biometrics enrolment or they just sent a refusal letter to you?


From my research so far I will advice you to reapply ..
A covering letter from each of you
detailing most, but not necessarily all of the following:

How and when you met.
How and why the relationship developed.
If you’ve spent time apart – why, and how you felt during this time.
Your shared social activities and hobbies.
Milestones in your relationship such as moving in together or going on holidays.
What makes your relationship special for you.
What makes your partner special for you.
Future plans you may have.


Supporting letters from friends and family
saying in their own words:

How long they have known you both.
How long they have known of the relationship.
Reasons why they believe the relationship is genuine and committed.
That they have experienced you as a couple in social situations.
How they think you would feel if you were forced to be apart.
Whether or not they are married or in a civil partnership and whether they consider your relationship to be ‘akin to marriage/CP’.

Evidence of Cohabitation (note opening heading )

1. Letters addressed to you both at the same address.
‘Official’ documents such as drivers licenses which are addressed individually but show the same address. ‘Official’ correspondence and records (e.g. doctors).
Unmarried partners must produce as much evidence of cohabitation as they can. They should use any document which shows their name(s), their address and the date.

Details of joint commitments
Bank accounts, lease agreements, life insurance etc.

Other evidence
Passport stamps and/or tickets to show visits to your partners country and/or travel together.
Evidence of contact while apart e.g. telephone bills and a sensible selection of emails/WhatsApp and Skype records for any periods when you were separated.
Photographs of you together clearly dated, captioned and accompanied with an explanation.
Evidence of joint