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"Durable relationship" under EEA (EFM)

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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kitkatkitty
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Joined: Mon May 21, 2018 4:45 pm
Canada

"Durable relationship" under EEA (EFM)

Post by kitkatkitty » Mon May 21, 2018 4:56 pm

Hi all.

I am currently in the UK (from Canada) on a Tier 4 visa, and I'm hoping I'll be able to stay/return on a Tier 2 visa. However, should I not be able to find a sponsor this way, I was looking to apply as an EEA Extended Family member to my boyfriend (EEA member). By the time my visa expires, we will have been together for about 1 year and 4 months.

My question is what exactly qualifies as a durable relationship? We haven't jointly lived together, but have stayed over at each other's places all the time, sometimes for 3-4 days at a time. We don't have any joint accounts, but will transfer money back and forth to one another. We have gone on trips together, and our friends can all verify our relationship. There is thousands and thousands of our messages back and forth to each other. I am worried that this is not enough. Is there any other evidence that I haven't thought of?

Also, if you do think it is enough evidence, do you think I could apply for it before my visa expires, or do you think that we should wait until we have reached the 2 year mark, and have documented flights back and forth as well to visit?

Thanks so much for your help!!

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Casa
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United Kingdom

Re: "Durable relationship" under EEA (EFM)

Post by Casa » Mon May 21, 2018 5:31 pm

You need more evidence than a 2 year relationship (of which you are considerably short). In order to qualify as an EEA EFM you would be required to submit documented evidence of living together in a durable relationship 'akin to marriage'. This would include evidence such as joint tenancy or mortgage, shared finances/bank account and household costs.

At present your relationship would be viewed as 'boyfriend/girlfriend' which won't qualify under the EEA Regulations as an extended family member.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

kitkatkitty
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Posts: 16
Joined: Mon May 21, 2018 4:45 pm
Canada

Re: "Durable relationship" under EEA (EFM)

Post by kitkatkitty » Mon May 21, 2018 6:47 pm

Thanks for your reply.

We are not currently able to live together due to certain circumstances. And, if I move back to Canada after my visa expires, we will not be able to live together for obvious reasons.

Surely there is some way around this? How else do those in long distance relationships ever receive a visa?

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Casa
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United Kingdom

Re: "Durable relationship" under EEA (EFM)

Post by Casa » Mon May 21, 2018 6:49 pm

kitkatkitty wrote:
Mon May 21, 2018 6:47 pm
Thanks for your reply.

We are not currently able to live together due to certain circumstances. And, if I move back to Canada after my visa expires, we will not be able to live together for obvious reasons.

Surely there is some way around this? How else do those in long distance relationships ever receive a visa?
Marriage :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

NewlyweddedNL
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Posts: 3
Joined: Sun May 20, 2018 6:42 am
Netherlands

Re: "Durable relationship" under EEA (EFM)

Post by NewlyweddedNL » Mon May 21, 2018 8:07 pm

Casa wrote:
Mon May 21, 2018 6:49 pm
kitkatkitty wrote:
Mon May 21, 2018 6:47 pm
Thanks for your reply.

We are not currently able to live together due to certain circumstances. And, if I move back to Canada after my visa expires, we will not be able to live together for obvious reasons.

Surely there is some way around this? How else do those in long distance relationships ever receive a visa?
Marriage :idea:
Would they need to prove their relationship was long enough in order to be avoid getting refused and told it's just a marriage of convenience? :?

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Casa
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Posts: 25769
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: "Durable relationship" under EEA (EFM)

Post by Casa » Mon May 21, 2018 9:52 pm

NewlyweddedNL wrote:
Mon May 21, 2018 8:07 pm
Casa wrote:
Mon May 21, 2018 6:49 pm
kitkatkitty wrote:
Mon May 21, 2018 6:47 pm
Thanks for your reply.

We are not currently able to live together due to certain circumstances. And, if I move back to Canada after my visa expires, we will not be able to live together for obvious reasons.

Surely there is some way around this? How else do those in long distance relationships ever receive a visa?
Marriage :idea:
Would they need to prove their relationship was long enough in order to be avoid getting refused and told it's just a marriage of convenience? :?
There is no requirement for a long term relationship prior to marriage. Evidence of contact while apart and of time spent together should be submitted.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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