HELP Needed - EEA Family Permit 2nd Refusal

[Spins_top]

I'm a novice here and my query might seem long winded but please bare with me. I would like to seek advice on exactly what we should do, if anything there is.

I'm Irish living/working in the UK since 2015. Unmarried partner is Non EEA - Nigerian living in birth country.

Long Distance Relationship for the best part of 9 years. I child together 6 years old(Irish).
2011 - I (Irish) moved to Nigeria to live with partner until Jan 2015
2015 - I (Irish) moved back to Ireland and then to the UK to date.
2015 - 2016 Dec - Settling into a new country, work and finances did not allow me to visit him until December of 2016. I'm going back again in 2 weeks due to the latest refusal

List of documents sent
EEA national in UK
UK Bank statement for 6 months
UK Employment contract and P60
Irish certified Copy of Passport
Letter of invitation and explanation about the relationship
Photos over the years up to 2015 Jan
Our tenancy agreement which started in Dec 2011
Gas + Electric and Council Tax for 2015 and 2016

Non EEA national
Bank statement for 6 months
Employment contract
Passport
Proof of Payment via Monegram last 6 months to me (Irish)
Letter explanation about the relationship
Photos over the years up to 2015 Jan



Reason 1st Refusal - Jan 2017

"You have not provided no other recent evidence of your relationship with your partner such as evidence of co-habitation or evidence of sustained and prolonged communication between you."
"You stated that you are in contact by phone and online communication. However you provided no evidence of this"

ACTION TAKEN
They were right we didn't send any communication at all probably because we didn't take the time to research. Assumed it was straight forward. After the first refusal, we agreed to put another one in 1 week later with the missing documents highlighted by the ECO. So we included our communications from whatsapp, Facebook, emails etc and monthly LYCA mobile account top up of about £30 a month. Travel itinerary over the years were sent up to 2013 and for 2016 including letters from landlord to confirm we still have a tenancy there from the date the tenancy started in 2011 and we lived there together but I've since moved out of the country. Letters from friends to verify existence of relationship. Pictures of child in school in Nigeria. Bank Statements for me at the address in 2013, electric bill around that same period. Can I add that we were unable to send all documents and again our correspondence had to be filtered at the TLS office in Lagos due to capacity. We had over 1000 pages of correspondence.

Long story short
Reason 2nd Refusal - Feb2017

"You stated that you previously lived together and evidence of this you have provided a joint tenancy agreement for period 02/12/11 to 01/12/2013. I note the letter from landlord stating you and your sponsor have been tenants since then, however this letter is undated and I note that you stated that your sponsor has resided in the UK since June 15. You have provided no clear evidence to show that you and your sponsor have lived together since 01/12/2013"

"I note that you have provided evidence of communication, however this appears to be very sporadic prior to December 2016"

So now I'm totally lost as to what next to do. I gather they are NOT convinced that we have a relationship. How does one prove this when I didn't plan my life around ECO needs or interests.

1. Yes I guess we have other things we can add (communication) lots and lots of FACEBOOK/WHATSAPP communication. In the last year, we communicated most on video calls and voice calls but there is over 500 pages of pure communication that we didn't get to send purely because the TLS wouldn't take anymore. So we just lumped as much as we could.

2. We had an account together but the account is not used anymore. I chose NOT to send this before because its dormant. Should we still send what we have on it.

3. Landlord can be contacted to sign his letter but to me its just a flimsy excuse.

4. My return flight to Ireland in Jan 2015 I've finally located with my passport has a visa for Nigeria of my stay in Nigeria late last year.

HELP!! Please do HELP!!. I think its just pointless applying again if web will only get a rejection. We plan to appeal the second rejection however I'm told that takes forever. So any suggestions on what we can do.

[kamoe]

You have provided no clear evidence to show that you and your sponsor have lived together since 01/12/2013"

"I note that you have provided evidence of communication, however this appears to be very sporadic prior to December 2016"

So now I'm totally lost as to what next to do.

Well, the above means you have not provided enough evidence of cohabitation or communication between December 2013 and December 2016.

In the last year, we communicated most on video calls and voice calls but there is over 500 pages of pure communication that we didn't get to send purely because the TLS wouldn't take anymore. So we just lumped as much as we could.

It's not about sending as many documents as you can, it's about sending a few selected documents that prove your case. Your evidence needs to cover the relevant period that makes you qualify, and it needs to be evenly spread out over that period. From the 2nd refusal letter it seems you have sent too many documents covering only the two last months. This is not good. Better to send only 6 documents, two from each year since 2013; than 200 documents, all from the last month of 2016.

3. Landlord can be contacted to sign his letter but to me its just a flimsy excuse.

Please note that the reason this letter has been rejected as proof, is not that it is not signed, but that it is not DATED. And dates are a critical factor here.

[Spins_top]

You have provided no clear evidence to show that you and your sponsor have lived together since 01/12/2013"

"I note that you have provided evidence of communication, however this appears to be very sporadic prior to December 2016"

So now I'm totally lost as to what next to do.

Well, the above means you have not provided enough evidence of cohabitation or communication between December 2013 and December 2016.

In the last year, we communicated most on video calls and voice calls but there is over 500 pages of pure communication that we didn't get to send purely because the TLS wouldn't take anymore. So we just lumped as much as we could.

It's not about sending as many documents as you can, it's about sending a few selected documents that prove your case. Your evidence needs to cover the relevant period that makes you qualify, and it needs to be evenly spread out over that period. From the 2nd refusal letter it seems you have sent too many documents covering only the two last months. This is not good. Better to send only 6 documents, two from each year since 2013; than 200 documents, all from the last month of 2016.

3. Landlord can be contacted to sign his letter but to me its just a flimsy excuse.

Please note that the reason this letter has been rejected as proof, is not that it is not signed, but that it is not DATED. And dates are a critical factor here.

Thanks for clearing up 3. Thanks for your response as well.
Do you think there is any point waiting on appeal or a re-apply. My worry is, it seems they are already set on NOT giving us a family permit and another application might end up being rejected.

[kamoe]

My worry is, it seems they are already set on NOT giving us a family permit and another application might end up being rejected.

If you present a genuine case, and you supply all the required documentation, they should not refuse you.

However, please bear in mind that what 'required documentation' means for unmarried partners is only straightforward if you have cohabiting for at least 2 years. As you have not, it is a tricky situation. But hopefully the above has given you some clarification.

Also, please note that as you have not cohabited for a period, you need to prove constant communication, you probably need to send more than 2 pieces of proof of communication a year (my suggestion above is for proof of cohabitation, where you can send bills & statements, and where 2 a year is enough). In any case, the body of documents needs to prove communication that is evenly spread, not lumped into one single month.

In any case, the application is free.