EEA2 Unmarried Partner Refused.

[Hidden]

My application with EEA2 as unmarried partner has been refused & reason was not providing enough evidence. Then I sent them PAP with help of solicitor but unfortunately rejected too ignoring all supporting documents. Now I am thinking to go for JR or new application. Can anyone tell me what best option would be for me. My partner is from Poland and she is qualified person.

I provided more than three years of Tenancy Agreement with letters from Private Housing Company & Landlords where I was main lead tenant & my EEA2 partner was living with me as 2nd person with full permission from Landlord & Housing Company. She was not only signatory but her name was clearly mentioned in every Tenancy Agreement and we paid twice for her reference checks too. Everything was explained & given as proof.

Provided more than two & half years of Joint bank statements from Two UK banks.

Provided correspondence from Bank, GP electoral on our both names from both address where we have been residing for last over three years now.

Provided Letter from NPower electricity provider which clearly states that my partner's name cannot be on bills because of it is their company's policy to have only one person on bill as responsible. Bill from Thames Water was provided where she could only be additional account holder as per Thames Water's policy.

Provided all Facebook & WhatsApp Conversations for last over 4 years.

Provided over 200 photos of us & with family.

Provided Different holidays hotels booking on our both names.

Provided affidavits signed by my partner's parents and siblings from Poland in English with their passport copies.

Provided all evidence that my partner is qualified person.

Probided my partner's P45 from previous job dated back 2013 from same address since we have been living together.

Provided all University documents that my partner's taking language course in preparation of our wedding so she can easily communicate my family.

I don't know what else should we should provide to satisfy them. Please accept my advance apology if I typed something wrong. Any suggestion or advice would be highly appreciated.

[secret.simon]

Is your Polish partner exercising treaty rights in the UK? If so, how and what proof did you submit for that?

And did you submit both your passport and her passport or national id card?

[Hidden]

Is your Polish partner exercising treaty rights in the UK? If so, how and what proof did you submit for that?

Yes, she is exercising her treaty right and we applied together and she was awarded blue card with confirmation as qualified person. We provided all her last two years payslips, contract & letter from job too.

[Hidden]

Is your Polish partner exercising treaty rights in the UK? If so, how and what proof did you submit for that?

And did you submit both your passport and her passport or national id card?

Yes we did submit her passport too.

[noajthan]

In 2015 you were contemplating divorce from previous spouse.
http://www.immigrationboards.com/eea-ro ... 82942.html
Are you now divorced? Since when?

Another member has reported a similar refusal due to a previous relationship (un-divorced).

What were exact points of refusal (omit personal detail).
Any reference to marital status in refusal?

[Hidden]

In 2015 you were contemplating divorce from previous spouse.
Are you now divorced? Since when?

What were exact points of refusal (omit personal detail).

Yes, we are divorced and all sufficient evidence provided & they admit that they regulation 8(5) has been met.

These two exact points are as follow.

You claim to have been residing together since 2013. In absence of any compelling evidence that you are in durable relationship this department would usually expect to see a relationship similar to marriage was has subsisted for at least two years with evidence of cohabitation. You have not provided sufficient documentation to suggest you are in a durable relationship. Due to lack of evidence, this department cannot accept that you are in durable relationship for the purpose of the EEA regulation. You are failed to demonstrate that you are extended family member as defined in regulation 8. Your application is refused under regulation 8(5).

As you have failed to establish that you meet the relevant conditions of regulation 8, it is not accepted that you are an extended family member as claimed. You application cannot be assessed under regulation 16(5) / 17(4).

You have stated that you have been in durable relationship with your partner since 2013 but you have provided Joint bank statements from July 2014 ( I provided from May 2014 ). You claimed to be in relationship since November 2013, this department would expect to see evidence from this date. You provided Tenancy agreement from November 2013 & claim that EEA sponsor resides with you but Tenancy Agreement is only your name. ( They ignored all letters from Private Housing Company & Landlords where I was main lead tenant & my EEA2 partner was living with me as 2nd person with full permission from Landlord & Housing Company. She was not only signatory but her name was clearly mentioned in every Tenancy Agreement and we paid twice for her reference checks too. Everything was explained & given as proof.) We would expect to see evidence of joint utility bills in both names. (They ignored Letter from NPower electricity provider which clearly states that my partner's name cannot be on bills because of it is their company's policy to have only one person on bill as responsible. Bill from Thames Water was provided where she could only be additional account holder as per Thames Water's policy.)

[Hidden]

In 2015 you were contemplating divorce from previous spouse.
http://www.immigrationboards.com/eea-ro ... 82942.html
Are you now divorced? Since when?

Another member has reported a similar refusal due to a previous relationship (un-divorced).

What were exact points of refusal (omit personal detail).
Any reference to marital status in refusal?

Nothing has been stated regarding me previous marriage unless, I am being ignorant because I don't know nothing about law & regulations. But I didn't find anything specific questioning my previous marriage as wrong or anything. I mean clear wording.

[noajthan]

Nothing has been stated regarding me previous marriage unless, I am being ignorant because I don't know nothing about law & regulations. But I didn't find anything specific questioning my previous marriage as wrong or anything. I mean clear wording.

Then it appears caseworker is simply taking issue with the evidence of your relationship, or, as you see it, caseworker has managed to ignore most of it.
Are there any children involved?

[Hidden]

Nothing has been stated regarding me previous marriage unless, I am being ignorant because I don't know nothing about law & regulations. But I didn't find anything specific questioning my previous marriage as wrong or anything. I mean clear wording.

Then it appears caseworker is simply taking issue with the evidence of your relationship, or, as you see it, caseworker has managed to ignore most of it.
Are there any children involved?

Thanks for your reply noajthan.

No, there is not any children involved. As I have proposed her this Christmas last month & she accepted & we prefer to start family after proper wedding.

What do you suggest id we should go for JR or we should once again submit new application. We can do both simultaneously?

[Hidden]

Is there anyone who would kindly give his expert advice? I just need second opinion as which option would be best?

[prox]

I don't know if you still are in the process or if your problems has been sorted already but just for anyone else out there if my post can be helpful.well you exactly have the same case I had a while ago which took two years after my application date to come to an end.The reason is simple they aren't/were not satisfied with whatever documents you have submitted with your application. Simple solution is to go for appeal where most chances are that they will direct HO for reconsideration of all your documents and most probably will direct them to arrange an interview for you, where they will mostly ask questions about your previous marriage.

[Obie]

There is no longer an appeal rights unfortunately. At least for the time being.

This OP has thankfully been issued a Residence Card, as far as i understand.

I believe he mentioned this in another thread.

[hiddenfriend1]

Thanks PROX for your piece of advice but I have already got my RC when I applied again & pointing out all evidences which they ignored in my previous application. I did have option to go for JR after refusal but I chose to submit new application which was indeed good decision.

I must say that I was helped by Obie all the way, so Obie, once again thank you very much for your help.