Form EEC1 - A few questions

[matt05]

Hello,

My unmarried partner and I recently submitted an application on form EEC1. We are Belgian and American nationalities. I would appreciate advice on the following questions:

What are the current procesesing times for applications using form EEC1? The working in the UK website does not seem to list times for these applications and all the home office could tell me was up to 6 months. We applied on 5 October and have heard nothing so far.

What happens if our application is refused? My American partner's student visa expired in December so presumably we will have to act quickly. Is it advisable to reapply submitting more documentary evidence along with photos, letters from family, etc. or to appeal the original decision?

Is cohabitation evidence over a two year period enough to get an approved application? I am a bit worried because we did not submit photos, letters from friends or family as a solicitor advised that it was not necessary since when applying on form EEC1. He said that if we used for FLR(M) then they do want to see photos, letters from family.

We submitted 24 documents, one for each month over a two year period tying us to the same address. These included joint tenancy agreements, joint utililty bills, joint council tax bill and other bills tying us to the same address so we are hoping this will be sufficient. We do not have a joint bank account.

Any input or advice would be greatly appreciated!!

[John]

Up to others to correct me if they think I am wrong but I think there is a big problem here.

You talk about "partner". The two of you are not married. But the form EEC1 is to get a Residence Permit for an EEA Citizen (which in the short term does not increase their rights) and a "Family Member of an EEA Citizen" to apply for, effectively, the same rights as an EEA Citizen. So surely your American partner does not qualify.

In the meantime the student visa has expired. As a matter of urgency that needs to be renewed.

Have a look at :-

Guidance - EEA & Swiss Nationals (INF 18 )

As it says :-

An unmarried partner cannot be given an EEA family permit.

Why did you think that using the form EEC1 was appropriate to assist the non-EEA Citizen?

Slightly tongue-in-cheek ... suggest an early marriage!

[matt05]

Perhaps I am missing something important but it seems to me that the EEC1 application form clearly states that it can be used for unmarried partners as well as family members. There is even a box to tick for unmarried partners as well as guidelines (vague though may be!) about submitting evidence showing cohabitation.

A solicitor specialising in unmarried partners application advised us to use EEC1.

I do hope that we applied on the correct form!?!

[John]

Having taken a closer look at the EEC1 form I can see that it says :-

IF YOU ARE IN A COMMON-LAW OR SAME-SEX RELATIONSHIP, EVIDENCE THAT YOU HAVE LIVED TOGETHER IN A RELATIONSHIP AKIN TO MARRIAGE FOR 2 YEARS SHOULD BE SUBMITTED. THIS EVIDENCE COULD TAKE THE FORM OF TENANCY AGREEMENTS, BANK STATEMENTS, LETTERS FROM PROFESSIONAL PEOPLE WHO CAN ATTEST TO THE RELATIONSHIP ETC.

-: which makes it surprising that the INF18 guidance says something rather different.

Can anyone sort out this apparant paradox please?

[Kayalami]

Having taken a closer look at the EEC1 form I can see that it says :-

Quote:
IF YOU ARE IN A COMMON-LAW OR SAME-SEX RELATIONSHIP, EVIDENCE THAT YOU HAVE LIVED TOGETHER IN A RELATIONSHIP AKIN TO MARRIAGE FOR 2 YEARS SHOULD BE SUBMITTED. THIS EVIDENCE COULD TAKE THE FORM OF TENANCY AGREEMENTS, BANK STATEMENTS, LETTERS FROM PROFESSIONAL PEOPLE WHO CAN ATTEST TO THE RELATIONSHIP ETC.


-: which makes it surprising that the INF18 guidance says something rather different.

Can anyone sort out this apparant paradox please?

For the purposes of leave to enter/remain as per the original poster intends an EU national holding a residence permit on the basis of exercising treaty rights is considered to be settled in the UK even if he/she does not hold ILE/ILR. The same approach applies to fiance/ees of EU nationals with the said permit. It is HO operational policy to consider the application on a dual/ 2 step basis - residence permit first then unmarried partner.

What are the current procesesing times for applications using form EEC1? The working in the UK website does not seem to list times for these applications and all the home office could tell me was up to 6 months. We applied on 5 October and have heard nothing so far.

The HO has a stated policy of processing EU treaty related applications within a 6 month window as per EU policy. However this is not a compulsory target as evidenced by case law. Further the unmarried partners (note my initial para says this is a 2 step process) stage of the application is clearly a concession within the immigration rules and does not have to be processed as per EU time frames. Likewise the HO is currently experiencing lengthy time lines due to increased applications coupled with more backlogs as various regulations pertaining to 'abuse suspect' categories e.g. students kick in.

What happens if our application is refused?

You made the right move in applying for a change of status during the validity of his visa. As a USC he will be required to depart the UK within 28 days of refusal or lodge an appeal within 14 days of refusal. As an EU national you will not be required to leave the UK - likewise you will have a right of appeal. I am basing this on the reason for refusal not being one for which EU nationals are deportable (severe and extant criminal record etc).

Is it advisable to reapply submitting more documentary evidence along with photos, letters from family, etc. or to appeal the original decision?

Depends on the grounds for refusal if any at all - think positive

Is cohabitation evidence over a two year period enough to get an approved application?

It is but one of the requirements - you need to meet the others pertaining to having accomodation, funds as well as satsifying the HO that you are in a bonafide relationship.

We submitted 24 documents, one for each month over a two year period tying us to the same address. These included joint tenancy agreements, joint utililty bills, joint council tax bill and other bills tying us to the same address so we are hoping this will be sufficient. We do not have a joint bank account.

The submission of said documents certainly lends credibility to your relationship but is not conclusive evidence of such - the HO reserve the right to carry out interviews including home visits if they deem it relevant to coming to a decision. IMHO this is unlikely. Shame about the bank account - its one evidence of joint financial commitment the HO love.

Good luck