Non married Family Permit to Residence Card

[nonabidut]

I am recently granted with EEA permit to join my unmarried partner, which truthfully I am quite surprised of due to the fact that me and him had not live together for two years. We lived the total of one and half years and since I was desperate to join him, I tried applying anyway. Amazingly, within one day, my visa was approved (This is in Jakarta, Indonesia). My next step is now to get to the UK and apply for residence card, but I just realize that I need to again face the nightmare of proving two years relationship, as it was part of EEA2 application. My question, is there possibility that even though I was granted EEA family permit that my residence card gets rejected on the ground of not durable relationship? In that case, is EEA Family Permit only acts like a visa or "entry clearance" and residence card is completely another permit to obtain? What could be the best solution?
Thank you very much!

[nonabidut]

Can somebody help me please? Whats my status going to be after my permit expired?

[Lucapooka]

You need to apply for a residence card providing proof of your durable relationship and your partner is exercising treaty rights. Obviously you have six months to do this so you should have no problems as this will bridge the gap in your current evidence trail.

[Obie]

Due to the fact the discretion under regulation 17(4b) has been exercised in your favour, i suspect it is highly unlikely you will be refused a residence card under regulation 17(4b). You are now a family member under Regulations 7(3), and hence a residence card would be issued under regulation 17(1), if you are able to demonstrate that your relationship is one that is durable.

However you do have to demonstrate that you are in a Durable relationship as a matter of fact. Period of cohabitation is a requirement, but the requirement it should cover a period of 2 years is not strictly speaking correct. Provided you can show that you lived for a period of time, and you have joint commitment like mortgage or life insurance or joint savings, or a child together, that should carry a substantial weight in proving your relationship is one that can be described as durable.

To answer you question, yes you may be refused a Residence Card, the fact you have an EEA family permit, means they cannot refuse you if you meet the substantive criteria for durable partner, but they could still refuse you if they think you don't.

[nonabidut]

Thank you for the answers! As an unmarried FP holder, I am not entitled to work until I receive a COA that states I can. Is that right?

[Obie]

No that is not correct, the EEA family permit confers the right to employment. My concern is whether or not the HO could form the view that your relationship is durable. I hope you have documented evidence that you have cohabited for a substantial period and evidence of Joint commitment.

[nonabidut]

Thank you Obie! So I just have to keep on applying and staying in the UK until they ever (knock on the wood) tell me I should leave UK. As long as I can stay longer I think sooner or later, I would be fulfilling the requirement of durable relationship. Actually, I lived with my partner, 6 months on school accommodation in Switzerland, and one year in an apartment in the USA. As you may realize about the nature of school accommodation, you can see why I was not feeling confident about my application at all. I had joint credit card account and proof that i was paying rent while he was paying electricity. No kids. In the end, ECO collected invitation letter from my partner, approval letter from his parent's, my mother's bank statement, a copy of my Swiss B permit, and a check addressed to me and my partner. So I thought, they didnt require much information and documents. But then after reading this forum and dreading on all unfortunate stories of EEA applications, I got worried. I sure hope mine will turn out okay. It has too!