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Wait or marry.wanderer47 wrote:Hello,
I got some very helpful answers to an earlier question on this forum, and I'm hoping you all can help me again.
I am hoping to apply for the EEA Family Permit on the basis of a durable relationship with my boyfriend in May 2012. From May 2010 until Sept 2010 the only proof we have of cohabitation is:
-An official letter from my boyfriend's college stating that he registered his address at my apt in May.
-His car registered to my address in July.
-His car insurance statements sent to my adress in July and August.
-A notarized letter from my roommate stating that my boyfriend moved in with me in May.
-A copy (not original) of my lease (does NOT have boyfriend's name on it), plus plenty of correspondance proving I lived there from Nov 2009 through Aug 2010.
He moved in with me for the summer after graduating until my lease ran out and we were able to get our own apartment. Is there any chance of this being sufficient proof, or should we give up and wait until Sept 1 when we have joint leases going back 2 years?
Since an unmarried partner is an extended family member and does not automatically have the right to join their EEA partner in the UK, do we have to prove that we meet maintenance and accomodation requirements?Where the applicant can show that he / she is the extended family member of an EEA national, the ECO may issue an EEA family permit if in all circumstances, it appears to the ECO appropriate to issue the EEA family permit. Therefore, an EEA family permit may be refused:
where refusing the family member would not deter the EEA national from exercising his / her Treaty rights or would not create an effective obstacle to the exercise of Treaty rights;
if the applicant would have been refused entry to the UK on general grounds for refusal had they been applying for entry under the Immigration Rules;
maintenance and accommodation requirements aren't met, for example, the non-EEA national's admittance would result in recourse to public funds.
I personally would say:wanderer47 wrote:We're torn between, "I intend to exercise my treaty rights in the UK" and "I intend to exercise my treaty rights by seeking employment in the UK." Do they need to know specifics? Is there something else we should say instead?
My name is XYZ and I am citizen of [an EU member state]. I am travelling to the UK. My husband requires an EEA Family Permit, which I understand will be issued as soon as possible and on the basis of an accelerated priority process
You said that as of May 2012 you would have 2 years cohabitation but they granted you a visa in Feb 2012 -- what evidence did you end up submitting to prove your relationship?wanderer47 wrote:From everything that I have read, 2 years cohabitation for the EEA family permit is NOT a requirement, it is only a strongly suggested guideline. (vs. the UK unmarried partnership visa where it's definitely a requirement). And we DO have evidence, I am just wondering if it is enough. Since we clearly have a durable relationship and a ton of evidence to back it up from September on, I was hoping that the 4 months with less evidence wouldn't be a deal breaker. If there's a good chance of us being denied based on too little evidence we will probably just wait.
Where did you read the bold part? I think that mostly applies to people who have never applied for an EEA FP. Once you have an EEA Family Permit, they have already decided you are part of the European Law stream and, as far as I know, will always have the right to work with an EEA FP. I would love to see a counter example!tall_elegant wrote:Congrats on getting the visa! I am in a similar situation so have learned from your experience.
Question: does your Family Permit give you automatic right to work? I read in this forum that for unmarried partners often right to work is not granted until the Residence Card is issued (you apply for it after arrival in UK)
Also
You said that as of May 2012 you would have 2 years cohabitation but they granted you a visa in Feb 2012 -- what evidence did you end up submitting to prove your relationship?wanderer47 wrote:From everything that I have read, 2 years cohabitation for the EEA family permit is NOT a requirement, it is only a strongly suggested guideline. (vs. the UK unmarried partnership visa where it's definitely a requirement). And we DO have evidence, I am just wondering if it is enough. Since we clearly have a durable relationship and a ton of evidence to back it up from September on, I was hoping that the 4 months with less evidence wouldn't be a deal breaker. If there's a good chance of us being denied based on too little evidence we will probably just wait.
That thread is all about applying for a Residence Card for somebody who is already in the UK. This will be the first time UKBA has heard of the partner (for an evaluation under EU law).tall_elegant wrote:This thread said that as an unmarried partner you don't have the same automatic right to work as a married partner on a Family Permit.
But perhaps I misunderstood the circumstances that person was writing about?