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EEA family permit (unmarried chinese partner)
Posted: Wed Aug 22, 2012 1:36 pm
by hypnos86
Hello Everybody,
Here is my case in short:
I am an Italian citizen (26) living and working in the UK since May 2011.
My partner has Chinese citizenship (25) and lives in Italy since she was born. She's student and worker.
We are in a relationship since 2005 and have decided to settle together now that I have a permanent job.
She's going to apply for an EEA family permit, but I have a few doubts about the success of her application:
1)
We haven't been living together for 2 years. The reason for this is we both were students (with no means) when we were in Italy and my family being strictly catholic they would not allow me to live with her.
Is this an obstacle?
Are there cases of permits issued even without 2 years co-habitation?
2) We met in a residence for students where we have lived for 1 year and a half. Can this be useful for the application? We only have the contract to prove this, as there were no bills or other documents associated with the rental.
3) When sending supporting documents as skype calls and e-mails, do we need to translate all of them?
What is the right format for them: print screen, copy the text on a word document?
How can I prove they are authentic?
Many many thanks for your answers and your help!
Francesco
Posted: Wed Aug 22, 2012 1:59 pm
by Lucapooka
It needs to be two years and, in any case, living in the same residence (room-mates, shared digs, halls of residence, whatever) is the not same as co-habiting in an interpersonal relationship akin to marriage. The UK are quite strict on the requirements and you will need a paper trail of jointly addressed documents and/or jointly held assets or instruments if you expect to qualify. Of course, there is nothing to stop you attempting an application with what you currently have and seeing what happens, but I feel it may not be sufficient.
Posted: Wed Aug 22, 2012 5:31 pm
by keffers
Much would seem to depend on who deals with the application. In the instance below it would appear the ECO expediently emphasised the need for compliance with Immigration Rules and not EEA Regulations and associated case law - even though the applicant neither applied under nor paid for an application to be considered under the Immigration Rules.
http://www.immigrationboards.com/viewtopic.php?t=109928
Posted: Wed Aug 22, 2012 6:24 pm
by Lucapooka
One must assume the caseworker would follow the guidance that has been handed to him by his employer, with regard to EU applications from unmarried partners.
5.1.16 Qualifying for a Residence Card
Before a Residence Card is issued the applicant must produce the following:
A valid passport, or, where this is unavailable, a Home Office issued identity document, such as an ARC card, as evidence of their own identity.
The valid passport or national identity card of the EEA family member.
Evidence of their relationship to the EEA sponsor. For example, a spouse should produce a marriage certificate, a civil partner a civil partnership certificate, for a child a full birth certificate should be produced which names the parent(s), for an unmarried partner proof that they have lived together for 2 years .
Evidence that the EEA family member is exercising a Treaty right in the U.K.
Posted: Wed Aug 22, 2012 7:12 pm
by Obie
I don't think that is strictly speaking correct, and if that is their view, there are indictation from the courts that this cannot be correct.
Lucapooka wrote:It needs to be two years and,
In light of
Dauhoo (EEA Regulations – reg 8(2)) [2012] UKUT 79 (IAC)
Posted: Wed Aug 22, 2012 7:44 pm
by Lucapooka
I'm not saying it's correct, I'm saying it is what will be applied unless and until the guidance says otherwise. The CW will not step outside the guidance from the UKBA (whether or not the wording of that guidance has been deemed to be incorrect under EU law)
Posted: Wed Aug 22, 2012 7:54 pm
by Obie
[b]The applicant must satisfy the caseworker that he is a durable partner as a matter of fact[/b] wrote:. In cases where the conditions above are met, the caseworker will likely be satisfied that the applicant is a durable partner falling within Regulation 8(5).
Each case must be considered on its merits, taking into account all the facts and circumstances, as there may be cases where notwithstanding that one or more of these points is not met the caseworker is still satisfied that the parties are in a durable relationship.
Notwithstanding the fact that a guidance is not a law, and with all due respect to you, i believe the instruction are a bit more cautious in stating that people who don't meet the 2 years rule will not meet the requirement.
Re: EEA family permit (unmarried chinese partner)
Posted: Wed Aug 22, 2012 9:05 pm
by EUsmileWEallsmile
hypnos86 wrote:Hello Everybody,
Here is my case in short:
I am an Italian citizen (26) living and working in the UK since May 2011.
My partner has Chinese citizenship (25) and lives in Italy since she was born. She's student and worker.
We are in a relationship since 2005 and have decided to settle together now that I have a permanent job.
She's going to apply for an EEA family permit, but I have a few doubts about the success of her application:
1) We haven't been living together for 2 years. The reason for this is we both were students (with no means) when we were in Italy and my family being strictly catholic they would not allow me to live with her.
Is this an obstacle?
Are there cases of permits issued even without 2 years co-habitation?
2) We met in a residence for students where we have lived for 1 year and a half. Can this be useful for the application? We only have the contract to prove this, as there were no bills or other documents associated with the rental.
3) When sending supporting documents as skype calls and e-mails, do we need to translate all of them?
What is the right format for them: print screen, copy the text on a word document?
How can I prove they are authentic?
Many many thanks for your answers and your help! :D
Francesco
Frankly, I believe you might find it very difficult to have your relationship accepted as being durable. Others have tried and got their in the end, but not without a struggle.
http://www.immigrationboards.com/viewto ... highlight=
If you were married, the burden of evidence would be much less.
Is there anything preventing your partner from obtaining Italian citizenship in her own right?
Posted: Mon Aug 27, 2012 9:12 pm
by hypnos86
Many thanks to everybody for the enlightment!
Lucapooka wrote:
5.1.16 Qualifying for a Residence Card
We are not qualifying for a Residence Card (yet). Is the regulation the same?
Obie, sorry I do not understand your reference to Dauhoo (EEA Regulations – reg 8(2)) [2012] UKUT 79 (IAC).
On the other hand reading chapter5 was very encouraging and helpful!
We are still chasing her Italian citizenship application as, for a bloody bureaucratic mistake, it was not given between her 18 and 19 (in Italy you cannot obtain it by right after you are 19. But this is another story...).
We will send the application in 1 week, I'll pester you with some questions when writing the supporting letter, if you don't mind! 
Again thank you guys, I really appreciate!
Posted: Mon Aug 27, 2012 9:18 pm
by EUsmileWEallsmile
hypnos86 wrote:M
We are still chasing her Italian citizenship application as, for a bloody bureaucratic mistake, it was not given between her 18 and 19 (in Italy you cannot obtain it by right after you are 19. But this is another story...).
Clearly, while I am not familiar with the details of the mistake as you put it, if you can solve this your girlfriend can move easily to the UK with you.
Is there a realistic chance that this can be resolved? If so, I would focus my energy on this if I were you.
Posted: Tue Aug 28, 2012 12:11 pm
by hypnos86
To get her Italian citizenship we should go against the obvious mistake that was made (residence papers missing - for 4yrs she hasn't been living anywhere on Earth) and take the case into court. Considering Italian court times it's easier to make a new application for citizenship based on other rights than birth (I have a lawyer following this).
Anyway it will take 1 year at least while we are planning to move together in October.
What if we were married? Would there still be need for 2 years co-habitation & related proof?
Do you know where I could find a guideline or an example to write the supporting letter for my partner?
Posted: Tue Aug 28, 2012 9:03 pm
by EUsmileWEallsmile
Marriage is a huge commitment and not something to be taken lightly.
That said, a genuinely married EU national is entitled to be joined by their spouse.
I've already given my opinion that your case of durable partnership would appear to be weak at best. I'm not saying that it would succeed or fail, but I would not want to raise your hopes. For me, best bet is sort the Italian nationality out.
Otherwise, consider your longer term plans. Do you want to be a married couple? Where would you like to live now and in the long-run, Italy or elsewhere in Europe.
Best of luck in any case.
Posted: Tue Aug 28, 2012 11:27 pm
by hypnos86
Thanks for the advice. =)
I agree. I will not get married to comply with a visa requirement
It was just an hypothetical question.
And, do not worry about hopes. I am already quite "realistic" about this application. I have the feeling this will end up with getting a 6 months visitor's visa... and then moving away (south perhaps, where summer is Summer).
As you said, I am re-considering my long term plans!