EEA Family Permit Proof of Co-habitation

[EUsmileWEallsmile]

Ok, it doesn't matter. The point is that you can make a fresh application if you chose. If you had no new evidence to bring, then an appeal might have been your only option. You are bringing additional evidence so a fresh application is entirely appropriate.

[spike_UK]

Ok, it doesn't matter. The point is that you can make a fresh application if you chose. If you had no new evidence to bring, then an appeal might have been your only option. You are bringing additional evidence so a fresh application is entirely appropriate.

I agree.

[soniac]

Hi everyone,

So I have sent in my appeal a week ago and the tribunal has received my payment and they said they will now be sending out letters to myself as the sponsor, to my partner and to the home office stating that the appeal has been lodged and payment received. Any ideas on how long before i will hear anything? Does the appeal bundle get sent with this letter they are sending to the home office?

We provided a letter from the cruise ship HR manager that we worked as a registered couple and cohabited on two contracts, letters from my partners mother and aunt stating we lived with them when we we were in mexico and spain, a short let tenancy agreement from our stay in canada and when my partner came to the uk as a visitor we had a 6 month let from a friend of ours, and he provided us with a letter confirming this along with a property detailed document he did for us when we arrived that outlined all the specifics...so no formal tenancy agreement as he is our friend, but we definitely rented his property. Daniel was also not working as he was here as a visitor so i provided address correspondance from bills to this address for myself, but obviously he didnt have anything registered as he was only here as a visitor.

I also provided all flight itineraries showing where we travelled together and when i visited him, and msn conversations, printscreens of skype calls and phone bills showing our communication during the last 8 months we could not cohabit since ive been working in the uk....and photos to go with every place we've been to and the two of us with my family and his family....

Do you think this is sufficient evidence to satisfy the ECM who will be making the decision to overturn the original decision?

[EUsmileWEallsmile]

It's a pity you didn't just make a free fresh application. I was quite serious when I suggested this to you before.

Your evidence appears to be more comprehensive.

I've no experience of appeals.

How much did you pay?

[soniac]

My partner and i did definitely consider making a fresh application, but we didnt for two reasons.
1.he would have had to travel to mexico city again to the embassy where he had to submit his biometric information and so the cost of travel plus accomodation was a little out of our budget.
2.we thought that since our application would be looked at by another ECO, perhaps they could have picked on something else.

We did the paper appeal which was £80. Since there is no fee for an eea application, i thought that by paying for an appeal it may look slightly better to the ECM who will now look at the appeal and perhaps they will see that this is a durable relationship as we are willing to pay for an application. It seems as though many people are refused at first go as it is a weeding out process. Not sure if this will even be considered but that was our thinking.

[EUsmileWEallsmile]

1.he would have had to travel to mexico city again to the embassy where he had to submit his biometric information and so the cost of travel plus accomodation was a little out of our budget.

Where is your partner at present? He could have applied anywhere in the work where there is a VAC (visa application centre).

[EUsmileWEallsmile]

2.we thought that since our application would be looked at by another ECO, perhaps they could have picked on something else.

That is possible, but you can only deal with what you are presented with.

[EUsmileWEallsmile]

We did the paper appeal which was £80. Since there is no fee for an eea application, i thought that by paying for an appeal it may look slightly better to the ECM who will now look at the appeal and perhaps they will see that this is a durable relationship as we are willing to pay for an application. It seems as though many people are refused at first go as it is a weeding out process. Not sure if this will even be considered but that was our thinking.

I sincerely hope that the UK decision makers do not take this into account when making decisions.

Best of luck in any case.

[soniac]

[quote="EUsmileWEallsmile"][quote="soniac"]
1.he would have had to travel to mexico city again to the embassy where he had to submit his biometric information and so the cost of travel plus accomodation was a little out of our budget.
[/quote]

Where is your partner at present? He could have applied anywhere in the work where there is a VAC (visa application centre).[/quote]

He is in Tijuana, Mexico at present and he was told the closest center is mexico city.

[EUsmileWEallsmile]

Ok, in that case it might have been more difficult to get to that I'd imagined.

I hope you win your appeal.

[soniac]

[quote="EUsmileWEallsmile"]Ok, in that case it might have been more difficult to get to that I'd imagined.

I hope you win your appeal.[/quote]

Thank you very much...i do to:)) will post the decision as soon as I hear something....

And thank you for all your advice...it was definitely very helpful:))

[EUsmileWEallsmile]

He is in Tijuana, Mexico...

Now that I've looked at the map, theoretically he might have been able to apply in the United States of America (USA), which is nearer. He may have required a visa to get to say California. He may have had to persuade dept of homeland security to accept him.

A family permit applicant can apply outside their country of residence. I know this as fact.

[soniac]

Hi everyone,

So My partner and I have been talking about getting married this august. We have our appeal for an unmarried partner currently in process. Can anyone advise what would happen if we flew back to London together in August as a married couple with all our supporting documents from our application? He is not a visa national, however he was once turned away at the border on our return back from a weekend in Paris back in March 2011 as the IO was not satisfied he would leave the UK without overstaying.

As my husband, do they have to let him in? Getting married has always been in the cards for us, and in the appeal we have both stated that, however we have not provided any dates in our statements of when we would be getting married. We are just thinking about if they do not overturn the original decision, it will be much more of a lengthly wait. So I was just wondering if we could travel together as a married couple and then apply for a RC from within the UK?

Thank you everyone, and I have to say, I am so greatful for this board as I have become so much more knowledgeable just by reading everyones posts!!!

[soniac]

[quote="EUsmileWEallsmile"][quote="soniac"]

He is in Tijuana, Mexico...[/quote]

Now that I've looked at the map, theoretically he might have been able to apply in the United States of America (USA), which is nearer. He may have required a visa to get to say California. He may have had to persuade dept of homeland security to accept him.

A family permit applicant can apply outside their country of residence. I know this as fact.[/quote]

I have contacted the UKBA in Los Angeles and it is possible to do, however all applications get sent to New York for processing and it is quite a wait aswell. They told me it could take up to 3 months....

[EUsmileWEallsmile]

They told me it could take up to 3 months....

While I've no doubt that's what you were told, in reality it will be more like three weeks (tops).

http://www.ukba.homeoffice.gov.uk/visas ... ableAnchor

[EUsmileWEallsmile]

Can anyone advise what would happen if we flew back to London together in August as a married couple with all our supporting documents

He would be admitted under regulation 11.4 of the regs

(4) Before an immigration officer refuses admission to the United Kingdom to a person under this regulation because the person does not produce on arrival a document mentioned in paragraph (1) or (2), the immigration officer must give the person every reasonable opportunity to obtain the document or have it brought to him within a reasonable period of time or to prove by other means that he is—
(a) an EEA national;
(b) a family member of an EEA national with a right to accompany that national or join him in the United Kingdom; or
(c) a family member who has retained the right of residence or a person with a permanent right of residence under regulation 15.

[EUsmileWEallsmile]

...Italian citizen and currently living and working in the UK since October 2010.

This makes life very easy as you are exercising treaty rights.

[EUsmileWEallsmile]

I was just wondering if we could travel together as a married couple and then apply for a RC from within the UK?

Yes this is completely possible.

[soniac]

[quote="EUsmileWEallsmile"][quote="soniac"]They told me it could take up to 3 months....[/quote]

While I've no doubt that's what you were told, in reality it will be more like three weeks (tops).

http://www.ukba.homeoffice.gov.uk/visas ... ableAnchor[/quote]

What do you think if we got married this summer and applied with a marriage certificate along with everything in our previous application? I am a teacher so I have 6 weeks off so I can easily get to Tijuana and get evrything organized!!!

[EUsmileWEallsmile]

What do you think if we got married this summer and applied with a marriage certificate along with everything in our previous application? I am a teacher so I have 6 weeks off so I can easily get to Tijuana and get evrything organized!!!

Sounds like a realistic timeline. I hope everything goes well.

[EUsmileWEallsmile]

Oh, and don't forget to become fully au fait with the Mexican marriage laws if that's where you plan to marry (or the country where you plan to marry - it varies from place to place and needs to be planned).

[soniac]

[quote="EUsmileWEallsmile"]Oh, and don't forget to become fully au fait with the Mexican marriage laws if that's where you plan to marry (or the country where you plan to marry - it varies from place to place and needs to be planned).[/quote]

Ya, we have definitely already started looking into it. Good thing is, in Mexico you must have a civil marriage first (which is what we would do so we can be together) then plan our religious ceremony for family and friends once we are together. It just really sucks it has to be done under these circumstances because of our different passports, but if it is what it takes so we can be together, then so be it. Just hope we do not get hassled at the border when coming in to the UK.

[EUsmileWEallsmile]

The important thing is that if you want to be together, you can be together.

[EUsmileWEallsmile]

Just hope we do not get hassled at the border when coming in to the UK.

Why would you? I am an EU citizen. This is my husband. I work here.

[soniac]

[quote="EUsmileWEallsmile"][quote="soniac"] Just hope we do not get hassled at the border when coming in to the UK.[/quote]

Why would you? I am an EU citizen. This is my husband. I work here.[/quote]

We did coming back from Paris (although he was my partner/boyfriend so there was no law that could back us up in that situation)I suppose it completely changes once he is my husband. What would I need to show upon entry apart from marriage certificate? Letter from employer? Payslips? Lease agreement?