EEA (EFM) - Unmarried Partner - Cohabitation Requirement

[RockyB]

Hello everyone,

I am an EEA National exercising my treaty rights in the UK. My Non-EEA unmarried partner recently got approved for a 6 months EEA Family Permit on the basis of being in a durable relationship with me. We are planning to apply for a Residence Card for her once she arrives in the UK. Having a look at the EEA (EFM) application form, the documents that need to be supplied for the Residence Card are roughly the same as the ones we supplied for the EEA Family Permit.

The only thing that could potentially be a cause for concern is the fact that we haven't lived together for 2 years. We lived together for 16 months but we have been in a relationship for roughly 5 years. We provided solid evidence of this during the EEA Family Permit application and as it got approved, the ECO must have been satisfied with the evidence supplied.

I know I can't take this for granted, but if we supply the same evidence again, should I expect the same result? (i.e. the case worker will be satisfied we are in a durable relationship)

If anyone has any other useful tips regarding EEA (EFM) applications, feel free to let me know. It'll be greatly appreciated.

Thank you!

P.S. I've already had a look at the EEA FAQs - Common Questions topic, specifically at the "European Caseworkers instructions - Extended family members of EEA nationals" documentation.

[Obie]

A Residence Card Application can take up to 6 months to be processed. You will be able to send further documentation during that period.

Durable relation is not defined as a relationship where the parties have cohabited for a period of 2 year.

A person may still qualify as a Durable Partner notwithstanding the fact that they have cohabited for less than 2 years.

[tmonaghan]

I agree with "Obie" You normally need to show that both have been cohabitating for at least two years but your personal circumstances will be taken into account for as long as you can evidence that you have known each other for longer than that... 16 months is a good period... More would look better but in you case I don't see why it should be turned down when presented a second time when it was accepted already once

[RockyB]

Thank you 'Obie' and 'tmonaghan'. I'm hoping they'll reach the same decision when presented with the same documentation.

One more quick question: Should my Non-EEA partner supply a TB test for the Residence Card (EEA EFM) application? She wasn't required to supply one for the EEA Family Permit.

Thanks again!

[cityofedinburgh]

could you list out exactly what evidence you sent in with your application? My partner and I have been together for 4 years and have been living together for the past 21 months, and I want to apply for the family permit too. Seeing as for your case 16 months was enough, I hope you can let me know what evidence you sent.

Also do you and your partner have any children together?