EEA Family Permit Proof of Co-habitation

[soniac]

Hi Everyone, I was wondering if anybody can provide some advice on how I can lodge an appeal for my partners EEA Family Permit.

I am a Canadian/Italian citizen and currently living and working in the UK since October 2010. My boyfriend who is from Mexico and I have been together for nearly 3 years, and he has just been refused an eea family permit. It was stated that although we have provided proof of being in a durable relationship through photographs, emails and greeting cards, we failed to show proof of co-habitation throughout our relationship.

Daniel and I met working on board a cruise ship, and we worked on there together for a year as a registered couple and co-habitated in the same cabin for a total of 10 months. From there, I spent a month in his family home, and he then came to Canada and spent 3 months in my family home. I decided to move to the UK in October 2010 and Daniel came along and entered as a visitor and stayed with me for 5 months. He made sure to leave before the 6 months were up. He then went on to visit his family in Spain, And I travelled to visit him there on 3 occassions up until August 2011 when we both returned to our home countries to visit our families. We decided to apply for the eea family permit after I returned to the UK in October 2011 and we gathered all the necessary requirements.

I am currently trying to get in contact with the cruise line to see if they can provide a letter stating we were a registered couple and co-habitated during our contracts. However, for the remaining time, we were always staying with family and friends, including when we came to the UK as we were subletting one of our ships friends flats for those 5 months so we did not receive any sort of formal lease agreement. I was wondering if we provide letters from our family and friends and show our travel itineraries if that will be sufficient evidence of co-habitation? If we cover all those dates it should amount to 20 months of co-habitation.

Any advice would be greatly appciated as we are absolutely gutted to have to be apart for much longer. We have been talking marriage, however dont want to have to do it for immigration purposes, and run the risk of refusal based on marriage of convenience.

Thanks everyone:)

[vinny]

They expect evidence of living together in a relationship akin to marriage for at least two years.

[EUsmileWEallsmile]

We have been talking marriage, however dont want to have to do it for immigration purposes, and run the risk of refusal based on marriage of convenience.

You are wise not to rush into marriage, but if that's what you are planning anyway perhaps you could consider it. If the marriage is genuine you won't need to worry about being accused of a marriage of convenience. You have plenty evidence that you are in a long-standing relationship.

[EUsmileWEallsmile]

He then went on to visit his family in Spain

Is there a family angle that would let him get Spanish citizenship? Your post suggests he has family in Spain, are they Spanish citizens?

[soniac]

He then went on to visit his family in Spain

Is there a family angle that would let him get Spanish citizenship? Your post suggests he has family in Spain, are they Spanish citizens?

Thank you so much for responding. His aunt is mexican and married to a spaniard, but im not too sure if its any different to italian laws. I know if we were married, he can apply for his italian citizneship after 3 years of marriage.

Im so torn, I really dont know what to do as I will be beyond gutted if the appeal is rejected as well:((

[soniac]

They expect evidence of living together in a relationship akin to marriage for at least two years.

Hi Vinny,
Im new to this so not entirely sure im replying properly...hahaha...i think i may have sent you a private message.

Ive just read the link you sent me, do you think we would not stand a chance with the appeal with the evidence I do have? It is so difficult as with working on cruise ships, we often stayed with family and friends in between contracts or travelled together.

[Obie]

Durable relationship is not only determined by length of cohabitation. Other factors like strength of relationship, whether there are any children, joint financial committment are equally essential. If the reason for lack of cohabitation is due to overseas emplotment that is considered too. Also if there are religious or cultural reasons why there is no cohabitation, and there are plans for marriage, that too is a factor that will be considered.

[EUsmileWEallsmile]

The key to an appeal would be that you are in a durable relationship akin to marriage. Apart from being "girlfriend / boyfriend" for a number of years how can you demonstrate that your relationship is akin to marriage? (please don't take offense at "girlfriend / boyfriend" I'm trying to make you see how an immigration officer might view it).

If you lived together for a reasonable length of time (perhaps over two years) that might be one way of demonstrating durable relationship, having children would be another, having joint finances and long term plans together might be another.

You need to go and think about these things as you are the only one who knows what type of relationship you are in and what your plans are.

[soniac]

The key to an appeal would be that you are in a durable relationship akin to marriage. Apart from being "girlfriend / boyfriend" for a number of years how can you demonstrate that your relationship is akin to marriage? (please don't take offense at "girlfriend / boyfriend" I'm trying to make you see how an immigration officer might view it).

If you lived together for a reasonable length of time (perhaps over two years) that might be one way of demonstrating durable relationship, having children would be another, having joint finances and long term plans together might be another.

You need to go and think about these things as you are the only one who knows what type of relationship you are in and what your plans are.

Thank you so much, the information has been very helpful from everyone:))

[Obie]

It could be argued that the relationship with you and Daniel is durable.

[soniac]

Hi Everyone, my partner has just sent me his notice of refusal and this is what they said:

You have applied for an EEA Family Permit (unmarried partner) in order to join your sponsor in the UK. In support of your application you have provided evidence that your sponsor is an EEA National as well as evidence that she is a qualified person in the UK (worker).

EUN2.11 of the EEA Family Permit rules states that an unmarried partner can be considered for an EEA family permit as an extended family member if they are in a 'durable relationship' with the EEA national and would satisfy similar criteria used for unmarried partners under paragraph 295A of the Immigration Rules, that is, that the parties have been living together in a relationship skin (spelling error on their behalf) to marriage or civil partnership which has subsisted for at least 2 years.

However whilst I acknowledge you have provided some documentary evidence in support of the relationship with your sponsor such as photo's and greeting cards, I note that for the duration of your relationship you have never cohabited. I therefore refuse your EEA Family Permit application because I am not satisfied that you meet all of the requirements of Regulation (12) of the Immigration (European Economic Area) Regulations 2006.

Having met and worked on cruise ships, and living with our families in between contracts and after we completed our final contract, my partner and I don't have anything addressed to both of us at the same address. He is Mexican and I originally from Canada, however a Italian citizen aswell. So after a year on ships together, 1 month that I spent in Mexico with him at his family home, he spent 3 months in Canada in my family home, we came to the UK as I got a job here. He came with me on a visitors visa and left before the 6 months expired and went to spain to visit his family. I then visited him while he was in Spain. He then returned to Mexico as we planned to apply for this visa, and I to the UK to continue working and building a strong case for us. We have just applied, and that is the only reason we have been refused. It will be 3 years in June since we've been together.

My question is, is there even a point to appealing this? Will they even consider it since we do not have anything legal to produce that has us 'living in a relationship akin to marriage' according to their immigration rule?

I am absolutely gutted as we have worked so hard to build up a strong enough case, and have even considered marriage at this point, but we are afraid that will backfire on us:(( Please help:(([/b]

[soniac]

oh, and I called the EEA department on the UKBA website and she told me not to bother to appeal as we will not fulfill the requirement!!!! Really don't know what to do!!!

[Laura721]

oh, and I called the EEA department on the UKBA website and she told me not to bother to appeal as we will not fulfill the requirement!!!! Really don't know what to do!!!

Sorry to hear you were refused, I will not be much help but all I can say is, if you know you want to be together - get married. You will just need to prove it is not a marriage of convenience in all ways possible especially if you apply right after getting married.

Can u confirm what this phone number is and the link to the website where number is displayed? Thanks

[soniac]

http://www.ukba.homeoffice.gov.uk/eucit ... ly-permit/

European enquiries contact centre
0845 010 5200

[EUsmileWEallsmile]

The key to an appeal would be that you are in a durable relationship akin to marriage. Apart from being "girlfriend / boyfriend" for a number of years how can you demonstrate that your relationship is akin to marriage? (please don't take offense at "girlfriend / boyfriend" I'm trying to make you see how an immigration officer might view it).

If you lived together for a reasonable length of time (perhaps over two years) that might be one way of demonstrating durable relationship, having children would be another, having joint finances and long term plans together might be another.

You need to go and think about these things as you are the only one who knows what type of relationship you are in and what your plans are.

Read through this again and see if there's any more evidence you can add to your case.

Applying with exactly the same information is not likely to lead to success. Basically, an appeal would be allowed if the decision maker erred in law. It is inherently more difficult to prove that you are in a relationship akin to marriage than marriage itself, but is possible.

The guidance on EUN2.11 is guidance, it is not hard and fast.

[Kitty]

EUN2.11 of the EEA Family Permit rules states that an unmarried partner can be considered for an EEA family permit as an extended family member if they are in a 'durable relationship' with the EEA national and would satisfy similar criteria used for unmarried partners under paragraph 295A of the Immigration Rules, that is, that the parties have been living together in a relationship skin (spelling error on their behalf) to marriage or civil partnership which has subsisted for at least 2 years.

However whilst I acknowledge you have provided some documentary evidence in support of the relationship with your sponsor such as photo's and greeting cards, I note that for the duration of your relationship you have never cohabited. I therefore refuse your EEA Family Permit application because I am not satisfied that you meet all of the requirements of Regulation (12) of the Immigration (European Economic Area) Regulations 2006

If this is what the refusal says then there is arguably an error of law in that the ECO has applied guidance (with the reference to a 2-year cohabitation period) as if it were the law.

In addition you said in your original post that you had cohabited on board the cruise ship where you first worked as a "registered couple": did you provide evidence of that? If so then it is obviously wrong for the ECO to state you had "never" cohabited.

Otherwise, I second EUsmileWEallsmile's points.

[soniac]

EUN2.11 of the EEA Family Permit rules states that an unmarried partner can be considered for an EEA family permit as an extended family member if they are in a 'durable relationship' with the EEA national and would satisfy similar criteria used for unmarried partners under paragraph 295A of the Immigration Rules, that is, that the parties have been living together in a relationship skin (spelling error on their behalf) to marriage or civil partnership which has subsisted for at least 2 years.

However whilst I acknowledge you have provided some documentary evidence in support of the relationship with your sponsor such as photo's and greeting cards, I note that for the duration of your relationship you have never cohabited. I therefore refuse your EEA Family Permit application because I am not satisfied that you meet all of the requirements of Regulation (12) of the Immigration (European Economic Area) Regulations 2006

If this is what the refusal says then there is arguably an error of law in that the ECO has applied guidance (with the reference to a 2-year cohabitation period) as if it were the law.

In addition you said in your original post that you had cohabited on board the cruise ship where you first worked as a "registered couple": did you provide evidence of that? If so then it is obviously wrong for the ECO to state you had "never" cohabited.

Otherwise, I second EUsmileWEallsmile's points.

That is exactly what the refusal letter says...and the only reason why it was refused.

As far as the cruise ship evidence goes, I did not submit any as we are currently no longer in their database since it was 2 years ago, however I have found email correspondence with my schedulers in the miami offices when they were confirming out contracts together, etc....i know it's not the evidence they are looking for in regards to 'cohabitation' but it's all I have...trying to dig up a vacation rental agreement we had for canada for 2 months and any other evidence I can find.

What do they expect from us though, we are from 2 different countries, and since I got work here in the UK he obviously can't come here without a visa, therefore we can't 'cohabitate' together....not sure if this was the best visa to apply for, but as I'm an Italian citizen, I wasn't sure if we could apply for anything else....

[EUsmileWEallsmile]

... he obviously can't come here without a visa...

It's not true that he cannot come to the UK, Ireland or other EU countries. he is not a visa national. It would be very difficult if he were.

[EUsmileWEallsmile]

EUN2.11 of the EEA Family Permit rules states that an unmarried partner can be considered for an EEA family permit as an extended family member if they are in a 'durable relationship' with the EEA national and would satisfy similar criteria used for unmarried partners under paragraph 295A of the Immigration Rules, that is, that the parties have been living together in a relationship skin (spelling error on their behalf) to marriage or civil partnership which has subsisted for at least 2 years.

However whilst I acknowledge you have provided some documentary evidence in support of the relationship with your sponsor such as photo's and greeting cards, I note that for the duration of your relationship you have never cohabited. I therefore refuse your EEA Family Permit application because I am not satisfied that you meet all of the requirements of Regulation (12) of the Immigration (European Economic Area) Regulations 2006

If this is what the refusal says then there is arguably an error of law in that the ECO has applied guidance (with the reference to a 2-year cohabitation period) as if it were the law.

In addition you said in your original post that you had cohabited on board the cruise ship where you first worked as a "registered couple": did you provide evidence of that? If so then it is obviously wrong for the ECO to state you had "never" cohabited.

Otherwise, I second EUsmileWEallsmile's points.

Kitty raises some valid points.

Irrespective of what the guidance says, the regulations say this.

(Ref, 8.5) A person satisfies the condition in this paragraph if the person is the partner of an EEA national (other than a civil partner) and can prove to the decision maker that he is in a durable relationship with the EEA national.

It would be pretty much true to say that if an applicant exceeded the requirements under the domestic immigration rules, there would be little problem. It is not true to say that if one does not quite meet the domestic immigration rules, that one would not qualify.

You need to make a case that you are in and plan to be in a durable relationship. The closer it is to the domestic rules the easier it will be, but they do not need to be strictly satisfied in order to qualify.

[soniac]

EUN2.11 of the EEA Family Permit rules states that an unmarried partner can be considered for an EEA family permit as an extended family member if they are in a 'durable relationship' with the EEA national and would satisfy similar criteria used for unmarried partners under paragraph 295A of the Immigration Rules, that is, that the parties have been living together in a relationship skin (spelling error on their behalf) to marriage or civil partnership which has subsisted for at least 2 years.

However whilst I acknowledge you have provided some documentary evidence in support of the relationship with your sponsor such as photo's and greeting cards, I note that for the duration of your relationship you have never cohabited. I therefore refuse your EEA Family Permit application because I am not satisfied that you meet all of the requirements of Regulation (12) of the Immigration (European Economic Area) Regulations 2006

If this is what the refusal says then there is arguably an error of law in that the ECO has applied guidance (with the reference to a 2-year cohabitation period) as if it were the law.

In addition you said in your original post that you had cohabited on board the cruise ship where you first worked as a "registered couple": did you provide evidence of that? If so then it is obviously wrong for the ECO to state you had "never" cohabited.

Otherwise, I second EUsmileWEallsmile's points.

Kitty raises some valid points.

Irrespective of what the guidance says, the regulations say this.

(Ref, 8.5) A person satisfies the condition in this paragraph if the person is the partner of an EEA national (other than a civil partner) and can prove to the decision maker that he is in a durable relationship with the EEA national.

It would be pretty much true to say that if an applicant exceeded the requirements under the domestic immigration rules, there would be little problem. It is not true to say that if one does not quite meet the domestic immigration rules, that one would not qualify.

You need to make a case that you are in and plan to be in a durable relationship. The closer it is to the domestic rules the easier it will be, but they do not need to be strictly satisfied in order to qualify.

I am definitely working on building my case and feel as though I can provide enough evidence to appeal this. My question now is, how do I write the appeal statement? I want to argue that we have cohabited in our relationship and I will provide the evidence I have for it (it amounts to approximately a year)....however I will also argue that throughout some periods of our relationship it was not possible for us to cohabitate as I was working in the UK and he had come for a visit, however had to leave before his 6 months were up, therefore we maintained our relationship through email, phone, skype, messenger and visits. We were recently the best man and maid of honour at his sisters wedding in Mexico, so I can provide flights and photos from the wedding as proof.

Thank you so much, I have honestly been uplifted to fight this from reading your posts, you have all truly helped with all your insight.

[EUsmileWEallsmile]

You could appeal or reapply. A fresh application with more evidence may be more expedient.

If you decide to do the latter, make sure you reference the original application and its refusal. Also state why in your opinion it was not correct and / or why you are submitting additional evidence to support your position.

[vinny]

It could be argued that the relationship with you and Daniel is durable.

Yes. Do read paragraphs 19-21, etc., of Obie's link.

[soniac]

EUN2.11 of the EEA Family Permit rules states that an unmarried partner can be considered for an EEA family permit as an extended family member if they are in a 'durable relationship' with the EEA national and would satisfy similar criteria used for unmarried partners under paragraph 295A of the Immigration Rules, that is, that the parties have been living together in a relationship skin (spelling error on their behalf) to marriage or civil partnership which has subsisted for at least 2 years.

However whilst I acknowledge you have provided some documentary evidence in support of the relationship with your sponsor such as photo's and greeting cards, I note that for the duration of your relationship you have never cohabited. I therefore refuse your EEA Family Permit application because I am not satisfied that you meet all of the requirements of Regulation (12) of the Immigration (European Economic Area) Regulations 2006

If this is what the refusal says then there is arguably an error of law in that the ECO has applied guidance (with the reference to a 2-year cohabitation period) as if it were the law.

In addition you said in your original post that you had cohabited on board the cruise ship where you first worked as a "registered couple": did you provide evidence of that? If so then it is obviously wrong for the ECO to state you had "never" cohabited.

Otherwise, I second EUsmileWEallsmile's points.

Hi Kitty,

In the original application I did not supply evidence of us cohabiting onboard the cruise ship as I had given them our verfication of employment letters which showed we were onboard at the same time. however, i have managed to reconnect with the HR of the company who has written me a letter confirming we were a registered couple and cohabited during our two contracts together (9 months in total). I am also gathering sublet agreements from when we were in London and he was here as a visitor...i have a letter from the landlord we sublet from and email correspndence because he was a friend of ours from the ship who was on a contract at that time therefore allowed us to rent his flat while he was away. That is for 6 months. I have a vacation lease from canada when we visited one summer that has both our names that i have my family trying to dig up for me aswell (that was 2 1/2 months). And a letter from his mum saying we lived with her while i was in mexico for 1 month. That covers 19 months. Then I will argue that because I am working overrseas, we clearly can not be living together, however will have flights showing visits i made to him, phone bills, sykpe log, etc. I didnt submit this previously as i honestly thought we satisfied the 'durable relationship' through everything else i submitted. But i will submit it all for the appeal. Does this seem like a strong enough appeal?

However, im stuck in how i should argue the appeal. Is it that the decision breaches rights i have as an eea national under community treaties? Or that the decision is otherwise not in accordance with the law? These are the grounds they have given us for the appeal!! The other two grounds do not apply to our case.

Any advice would be so appreciated as i am trying to write the appeal and want to ensure i state things properly.

[EUsmileWEallsmile]

You don't have to appeal, you can simply re-apply and it will have the same effect. You need to mention the first rejection of course. You can state that you perhaps did not provide sufficient evidence the first time round and that you are rectifying that now.

A fresh application may be quicker that a long drawn out appeal. If you had absolutely nothing new to add to your application, then appeal might have been your only recourse.

Did the rejection letter state that you could apply for a family permit in the future?

[soniac]

You don't have to appeal, you can simply re-apply and it will have the same effect. You need to mention the first rejection of course. You can state that you perhaps did not provide sufficient evidence the first time round and that you are rectifying that now.

A fresh application may be quicker that a long drawn out appeal. If you had absolutely nothing new to add to your application, then appeal might have been your only recourse.

Did the rejection letter state that you could apply for a family permit in the future?

It doesnt say anywhere if we could or could not apply for a family permit again.