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Hi

I received my application back with my passports (not bills, etc) and a letter stating the my eea national has not meet the criteria for exercising treaty rights. The letter states that we have not proven we are in a durable relationship. We sent utility bills, phone bills, Internet bills, emails, pictures, joint bank statements. I'm not sure what else we could send. In fact, we don't have anything else to send. What would we be best to do at this point? Thanks for any help you can give

lolo82 wrote:Hi

I received my application back with my passports (not bills, etc) and a letter stating the my eea national has not meet the criteria for exercising treaty rights. The letter states that we have not proven we are in a durable relationship. We sent utility bills, phone bills, Internet bills, emails, pictures, joint bank statements. I'm not sure what else we could send. In fact, we don't have anything else to send. What would we be best to do at this point? Thanks for any help you can give

it is not enough for HO to write that you are not in a durable relationship, did HO give any reason why they reached such a conclusion? because they need to proof it or tell you how the got to that conclusion, did you send your marriage certificate? any child(ren)? do you have anything that shows both of you travelled together on holiday or maybe to see your families?
did you apply through a solicitor? if not, I think you need one now... that is just my opinion.

Your post is not very clear.Reposting the exact refusal letter from the HO will help anyone who can advice you.All the best

I believe you should proceed with an appeal. Durable relationship does not necessarily imply cohabitation for a certain period, it incorporate several factors, such as the nature of the relationship, joint financial committment, whether there are any children, future committment like intention to marry, all of this can be attested by reference from relatives.

Also an extensive examination needs to be undertaken into the personal circumstances of these people, in order to come to that conclusion.

Hi Lolo

I would also be interested to read the exact wording of the letter. I submitted my application in as an unmarried partner (delivered to HO on 29 Feb), enclosing most of the same documents as you, but I also sent in the following:

- a timeline of our relationship (key dates, holidays etc.)
- testimonial from my boyfriend's mother (saying when she first met me, the times I have been on family holidays, when she came to visit us etc.)
- a testimonial from a friend of mine (saying that she has been out many times with my boyfriend and me, that we attended her wedding, that she stayed with us when she came to London)
- a lot of flight confirmations (to back up what is in the timeline and testimonials, and most notably showing visits to each other's countries)

As presido said, you should try to find out on what basis they decided that you did not have enough proof of a durable relationship. Then you know what additional info they are looking for.

Hi lolo82,

It is sad to hear about their reply, did u guys live together, go on holiday together? cos all of thos factor help a great deal.

Also you can get a statement from your phone network showing that you guys spoke toeach other and text msgs. facebook msgs, etc

this is just a list to add with what everyone else has said, and if you guys definately lived together for 2 years then you can get a solicitor etc.

wish you luck

lolo82 wrote:Hi

I received my application back with my passports (not bills, etc) and a letter stating the my eea national has not meet the criteria for exercising treaty rights. The letter states that we have not proven we are in a durable relationship. We sent utility bills, phone bills, Internet bills, emails, pictures, joint bank statements. I'm not sure what else we could send. In fact, we don't have anything else to send. What would we be best to do at this point? Thanks for any help you can give

I don't think is refusal,it sound like you didn't pass the initial checks,may be they were expecting 2 years proof for durable relationship.
I think you should apply again with more proof of relationship including cohabitation all this with cover letter explain your circumstance.

I think it coz ur patner is not excercising treaty .is she working? studying?.read post carefully folks it says eea national does not qualify.so it must be something to do with treaty .then the durable relationship.

Hi. Thank you all for your replies. This is the letter I received for HO: (apologies for the long post)

“I am writing with regard to your recent request for a Registration Certificate under the Immigration (European Economic Area) Regulations 2006.
In order to obtain a Registration Certificate an EEA national will generally need to demonstrate that he/she is currently exercising Treaty rights in the UK. This means that they must show he/she currently working, self employed, a self sufficient person or a student. Where the EEA national is a family member of a Union citizen he/she needs to show that he/she is related as claimed and that his/her European sponsor is exercising Treaty rights in one of the ways described.

Unfortunately, the submitted documents are insufficient to establish that you have the right to reside under the 2006 Regulations as outlined above. I am therefore returning application and documents with this letter. This letter will indicate what additional documents/evidence you need to provide should you wish to re-apply for a Registration Certificate. A further application can be made using the EEA1 application form available from the UKBA website (website given)

Please note this is not a formal determination of your status under the Regulations. Our purpose in returning the documents is to enable you to assemble a complete dossier of supporting evidence and to submit this with a fresh application when you are in a position to do so. In the meantime we will not be giving any further consideration to your case.

To establish a right of residence, and therefore eligibility for a Registration Certificate the following additional evidence will be needed:

• Evidence of Relationship (C):
Please provide evidence to show that you are your non EEA partner are in a durable relationship. Ideally this should take the form of joint tenancy/mortgage agreements, joint bank statements, or joint council tax or utility bills. Alternatively, each person in the couple should produce official or business correspondence such as bills or statements indicating that you have been and are currently living at the same address.

• Evidence of Exercising Treaty Rights in the UK (D):
If you are employed: An original, recent signed and dated employer’s letter plus a supporting pay slip dated within the application being submitted.
Once you are in a position to supply all the evidence required to support and application, please re-submit the form and up to-date evidence to the address detailed above. Please ensure that original documents are provided as copy documents will not be accepted. “

Here’s the thing I don’t understand: we sent a joint tenancy agreement, official bills, travel confirmations, joint bank statements, phone bills, utility bills. We don’t have many bills as they are included in the rent. I indicated this in the cover letter. We also included a letter from my partners employer and a recent pay slip. Additionally, we sent emails, pictures, cards with both our names, trips together. We only text each other, Im not sure how to get a record of that.

I provided at timeline to UKBA but I’m not sure if that was taken into account.
My partner and I have been together for 3 years, living together for 2.5 years. We have send documentation supporting us being together (and living together) for this time period. We became engaged in October of last year but didn’t advise UKBA of this as we didn’t believe it relevant at the time and I am unsure of how to brooch the subject now.

My partner has also been in his job since July 2004 so I would believe he is exercising his Treaty Rights.

The only arsenal left for me is to advise friends and family to write letters on our behalf, which I have begun to do. My stepdad has advised me to speak to my local MP. I’m not sure if this is a wise thing to do as I have heard mixed reviews about doing so.

My partner thinks that UKBA sends back applications to weed out ‘time wasters’. I’m not sure if he’s right in this thinking but UKBA did waste my time not looking at my application for 6 weeks then sending it back.

I want to thank everyone who has replied and helped me today. You have all made a bad day more bearable.

Dear lolo82,

You sent them everything i can think of and do not see how they can refuse your application based on him not exercising treaty, or you not showing you are in a durable relationship, since he has worked for the same employer for 6 years ( did you send them his payslips?).

wished you had included that you where engaged when you sent the application off in February cause now it may seem like it is because the application was returned that you have gotten engaged...

Best option is to reapply?.

It is frustrating but there is always a light at the end of the tunnel.

best of luck

lolo82 wrote:Hi. Thank you all for your replies. This is the letter I received for HO: (apologies for the long post)

“I am writing with regard to your recent request for a Registration Certificate under the Immigration (European Economic Area) Regulations 2006.
In order to obtain a Registration Certificate an EEA national will generally need to demonstrate that he/she is currently exercising Treaty rights in the UK. This means that they must show he/she currently working, self employed, a self sufficient person or a student. Where the EEA national is a family member of a Union citizen he/she needs to show that he/she is related as claimed and that his/her European sponsor is exercising Treaty rights in one of the ways described.

Unfortunately, the submitted documents are insufficient to establish that you have the right to reside under the 2006 Regulations as outlined above. I am therefore returning application and documents with this letter. This letter will indicate what additional documents/evidence you need to provide should you wish to re-apply for a Registration Certificate. A further application can be made using the EEA1 application form available from the UKBA website (website given)

Please note this is not a formal determination of your status under the Regulations. Our purpose in returning the documents is to enable you to assemble a complete dossier of supporting evidence and to submit this with a fresh application when you are in a position to do so. In the meantime we will not be giving any further consideration to your case.

To establish a right of residence, and therefore eligibility for a Registration Certificate the following additional evidence will be needed:

• Evidence of Relationship (C):
Please provide evidence to show that you are your non EEA partner are in a durable relationship. Ideally this should take the form of joint tenancy/mortgage agreements, joint bank statements, or joint council tax or utility bills. Alternatively, each person in the couple should produce official or business correspondence such as bills or statements indicating that you have been and are currently living at the same address.

• Evidence of Exercising Treaty Rights in the UK (D):
If you are employed: An original, recent signed and dated employer’s letter plus a supporting pay slip dated within the application being submitted.
Once you are in a position to supply all the evidence required to support and application, please re-submit the form and up to-date evidence to the address detailed above. Please ensure that original documents are provided as copy documents will not be accepted. “

Here’s the thing I don’t understand: we sent a joint tenancy agreement, official bills, travel confirmations, joint bank statements, phone bills, utility bills. We don’t have many bills as they are included in the rent. I indicated this in the cover letter. We also included a letter from my partners employer and a recent pay slip. Additionally, we sent emails, pictures, cards with both our names, trips together. We only text each other, Im not sure how to get a record of that.

I provided at timeline to UKBA but I’m not sure if that was taken into account.
My partner and I have been together for 3 years, living together for 2.5 years. We have send documentation supporting us being together (and living together) for this time period. We became engaged in October of last year but didn’t advise UKBA of this as we didn’t believe it relevant at the time and I am unsure of how to brooch the subject now.

My partner has also been in his job since July 2004 so I would believe he is exercising his Treaty Rights.

The only arsenal left for me is to advise friends and family to write letters on our behalf, which I have begun to do. My stepdad has advised me to speak to my local MP. I’m not sure if this is a wise thing to do as I have heard mixed reviews about doing so.

My partner thinks that UKBA sends back applications to weed out ‘time wasters’. I’m not sure if he’s right in this thinking but UKBA did waste my time not looking at my application for 6 weeks then sending it back.

I want to thank everyone who has replied and helped me today. You have all made a bad day more bearable.

well Lolo82, the good news is that your application was sent back for you to add the necessary documents and re-submit to HO, so it wasn't as if your application was declined.
from what I notice in that letter, the bone of contention is not that your relationship is not durable, the letter is a template on the system the case worker printed from his/her computer. I think the problem is, they are not certisfy your partner is excercising a treaty right, and that raises a question of your partner, did you submit your partner's RC card with your application, if he doesn't have one? did he apply for his RC to declare he is excercising a treaty right as aworker? because both of you are not married, you would need to send more evidence than normal.
all you need to do is include your parner's RC to proof he is excercising a treaty right has a worker and letter from both relatives to attest your relationships, am sure with all of those evidence you submitted it should be fine.
hope this helps.

Hi aluter

There is a slight upside if the website still works. My mum sent an e-vite for my family in Canada to meet my partner/finance in October. I also have a card from my future in-laws congratulating us that I had misplaced in a big cleanup of my flat. I hadnt thought of included the engagement because I thought it would work against us (like a quickie marriage). My uncle could prob send us the recipt for the ring as my finance bought it from him in Canada. All is not lost, just scattered a bit...

Hi presido2007,

We sent an eea1 application for my partner with my eea2 application. Ukba sent both of these back to us. Part of the letter makes me feel that the caseworker didn't look through our file thoroughly and just sent it back to meet a quota. It's probably not the case but when all evidence is presented, it's hard to think otherwise.

Hi lolo

It really does seem like whoever looked through your file didn't do a very good job. It sounds like you have included all the right documents, I was wondering how you ordered your folder eg. did you have a table of contents, did you indicate what each piece of paper was providing evidence for, highlight the relevant info etc?

If you did, I can't think what else you can do except add the testimonials and the engagement evidence, and resubmit your application.

Hi isw-London

I did in fact order my folder much like you described. I had my cover letter first in a clear plastic sleeve, then the table of context for each folder tab. I not only label each piece of evidence, I indicated the exact number of each document (1 tenancy agreement, 4 rent receipts etc). Photos were dated and I indicated who was in the photo (I date them anyways so I personally know when an event took place.)

Wil send testimonials and engagement ring receipt, along with the engagement party evite and the card from my future in laws. I also have a wedding invite that I had safely stored away so well I couldn't find it when I was sending the application in feb.

I am beginning to agree with my partner that it's like a test to see who is serious about applying.

Dear lolo82,

I think you should jst go ahead and apply as soon as you can - get everything together.

I thought i will be happy when i got my coa but it looks like i can only increase my weekly contract when i get my RC. So going to wait 2 months or more for that now.

Hi aluter,

When you mention Applying as soon as I can, would I be sending a new eea1 and 2 application with the additional information and mentioning to HO that they are in possession of the remaining evidence? Am going to have my partner ring tomorrow.

I did go to my local Sinn Fein office and the man who helped me compile my app said there is no reason for the application to be sent back. He told me to come back when I hear what UKBA says to my partner. He says a local MP may be able to write a letter on our behalf saying that we have given all evidence asked and as UKBA wasted 6 weeks before they looked at our app, they do not waste more time sending out the coa or rc. Might work, might not work but we'll see.

I'm sorry that your company is not able/willing to increase your hours. I really hope you receive your RC soon. Fingers crossed for you.

hey lolo82,

I was just wondering how things are going for you? have you decided to resubmit your application or still trying to figure out what to do?

Hi Aluter,

My partner rang HO over 2 days last week, with no answer, then sent an email. If they is no reply by Monday (my partner is off this week), then I'll ring again. We are def going to resend our application, just waiting for HO rediculous reason for application return. Hopefully by this time next week, I'll have more info and can share.

Hello all!

well, I have spoken to the UKBA and the woman i spoke to believes (she doesnt have access to teh caseworkers notes) that my partner doesnt haev enough eveidence from the previous address. We barely had any bills as rates are included. i had my credit card bill coming to the address but that was it.

THe UKBA lady was very nice and helpful. She advised me to send a letter from our former flatmate to confirm us living there. the Landlord didnt have a paper trail unfortunately. we are also going to ask friends and relatives to write letters on our behalf saying how long we have been together and how long we have lived together. also going to local advice office and seeing what they say. fingers crossed! (i think i saw ONE bill with my partners name at the previous address, hopefully i can find it and it wasnt my eyes playing tricks on me!)

Hey lolo82,

Hopefully it should all work out at the end.

best of luck