Hi Josh,
I'm still not convinced an appeal is the right route since the UKBA don't seem to have incorrectly made a decision.
e.g. to take this to the extreme, if you submitted all required evidence, but left out your passports and they refused you, an appeal should not be accepted since the UKBA was right to refuse you.
However I know from reading these forums that there are gray areas where the UKBA decide favorably in error (accepting CSI retrospectively for PR) and decide against you in error (requiring CSI for a student who has also worked continuously for 5 years) .. so it's a very stressful crap shoot sometimes!
To answer your questions, you can apply as many times as you want. You could still explain your evidence fully if you reapplied, simply with a cover letter. I did that as a precaution with my initial application as it involved 3 passports with a name change in the middle and I didn't want them to get confused lol...
The issue about your current visa expiring is the most concerning, as if you were actually CPd, you'd definitely have an automatic right to stay here regardless if you were applying or appealing or even not even bothering to contact the UKBA at all. I don't know how it works for a durable relationship. I'm fairly certain, even if an application was submitted, that the Certificate of Application you receive if it was accepted does not even give you the right to work until such time that they're satisfied your relationship to the EEA national is genuine.
I know nonspecifics said what's to stop them from refusing you a second time, but my answer would simply be "providing the right evidence". This is further backed up from your most recent post, where the info is provided that UKBA refused you as the majority of your evidence of a relationship was only within 1 year from your application date.
From the UKBA handbook - chapter 5
Durable Partners
The following conditions should normally be satisfied:
The parties have been living together in a relationship akin to marriage which
has subsisted for two years or more.
The parties intend to live together permanently.
The parties are not involved in a consanguineous relationship with one
another (i.e. they are not blood relatives who would not be allowed to marry
as this would constitute incest).
Any previous marriage (or similar relationship) by either party has
permanently broken down.
Also relevant is this bit, which is saying that even if your appeal is accepted, you may still end up being removed and have to appeal from America:
Current legal advice is that an appeal against a refusal of a residence card in such
circumstances is not a suspensive appeal right under the EEA Regulations. This
means in practice that removal directions may be maintained and the applicant
removed. The applicant may then exercise his/her right of appeal from overseas.
Having said ALL this ... I think the safest thing would be for you to try to renew your existing visa as a precautionary measure. I don't believe this would work against you, and if your appeal is accepted and you win, this doesn't have a negative affect at all - as you would then be able to legally do almost anything in the UK that an EEA citizen could do.
Also, upon reading about "durable relationships" a bit more, I actually don't see any text that necessitates providing details like photos, emails, etc. The ECIS states that the evidence is similar to that which the UK Immigration Rules require for unmarried partners wanting to stay based upon their relationship with a UK citizen. These are viewed here:
http://www.ukba.homeoffice.gov.uk/polic ... xpartners/
... In which case, since you did provide a combination of evidence that shows co-habitation for over 2 years, it's very possible the UKBA was actually wrong in denying you and so an appeal is the right route.
When I applied, I also had a mix of evidence (over 5 years, as I was applying for permanent resience) and so I broke each period and category down for them in the most basic way possible. e.g.
"Co-habitation/Residence for 2010 - proof being 12 bank statements in my name at (Address1) and a lease in my partner's name for the same address".
"EEA Treaty rights for 2006 - proof shown of WRS certificate and letter, and P60"
etc...
and so it's possible if you didn't break this down for them that they carelessly overlooked the lease + bank statements you provided and incorrectly refused your application.
Whichever route you take, I wish you the best of luck!