evidence of cohabitation

[hasinuk]

Hi all,
received a letter from HO with a new problem. The letter says i dont have enough evidence of cohabitation.
i read guidance notes and this is what it say.

"Proof that you’re in a durable relationship with the relevant EEA national
You should send at least 6 items of correspondence addressed to you and your partner at the
same address as evidence that you have been living together for at least two years, or since you
were last issued with a registration certificate or residence card in this category (if applicable).
The items of correspondence should be addressed to you jointly or in both your names. Examples
of acceptable items are listed below. The documents provided must be originals. Photocopies are
not acceptable.

The dates of the items of correspondence should be spread evenly over the whole 2 years. They
should be from at least 3 different sources. If you do not have enough items in your joint names,
you may also provide items addressed to each of you individually if they show the same address
for both of you.
For example – if you have 4 items of correspondence in joint names for the same address, you
would need to submit 2 items addressed to each partner at that address (8 items in total).

If you and your partner have no bills or correspondence in joint names, you will need to submit 12
items (6 each) of correspondence, showing that you live together at the same address.

If you and your partner lived with relatives or friends for some or all of the 2-year period, please
provide a letter from the relative(s) and/or friend(s) confirming this.
If you did not live together for any part of the 2-year period, tell us the reasons for this and whether
you stayed in contact with each other during this time, and provide any relevant supporting
evidence.
Please give an explanation on a separate sheet if you cannot provide at least 6 items; if the items
are not addressed to both of you; or if they do not cover the 2-year period."



now the question is, could someone please help me to understand how to gather documents again.
If you and your partner have no bills or correspondence in joint names, you will need to submit 12
items (6 each) of correspondence, showing that you live together at the same address.
so do i and my partner need 6 documents (12 in total) for every year i claim i have been cohabiting or is it just 12 for the whole period?
i would really appreciate if someone could get me an example please. HELP!! thanks in advance.

I have tenancy agreement joint name for 5 years and the following in separate names
bank statements
Driving license
GP card appoingments

tax return - 1 year
eea national job seeker registration - 1 year
HM revenue letters
phone bills

[Casa]

Hi all,
received a letter from HO with a new problem. The letter says i dont have enough evidence of cohabitation.
i read guidance notes and this is what it say.

"Proof that you’re in a durable relationship with the relevant EEA national
You should send at least 6 items of correspondence addressed to you and your partner at the
same address as evidence that you have been living together for at least two years, or since you
were last issued with a registration certificate or residence card in this category (if applicable).
The items of correspondence should be addressed to you jointly or in both your names. Examples
of acceptable items are listed below. The documents provided must be originals. Photocopies are
not acceptable.

The dates of the items of correspondence should be spread evenly over the whole 2 years. They
should be from at least 3 different sources. If you do not have enough items in your joint names,
you may also provide items addressed to each of you individually if they show the same address
for both of you.
For example – if you have 4 items of correspondence in joint names for the same address, you
would need to submit 2 items addressed to each partner at that address (8 items in total).

If you and your partner have no bills or correspondence in joint names, you will need to submit 12
items (6 each) of correspondence, showing that you live together at the same address.

If you and your partner lived with relatives or friends for some or all of the 2-year period, please
provide a letter from the relative(s) and/or friend(s) confirming this.
If you did not live together for any part of the 2-year period, tell us the reasons for this and whether
you stayed in contact with each other during this time, and provide any relevant supporting
evidence.
Please give an explanation on a separate sheet if you cannot provide at least 6 items; if the items
are not addressed to both of you; or if they do not cover the 2-year period."



now the question is, could someone please help me to understand how to gather documents again.
If you and your partner have no bills or correspondence in joint names, you will need to submit 12
items (6 each) of correspondence, showing that you live together at the same address.
so do i and my partner need 6 documents (12 in total) for every year i claim i have been cohabiting or is it just 12 for the whole period?
i would really appreciate if someone could get me an example please. HELP!! thanks in advance.

I have tenancy agreement joint name for 5 years and the following in separate names
bank statements
Driving license
GP card appoingments

tax return - 1 year
eea national job seeker registration - 1 year
HM revenue letters
phone bills

12 for the whole period.

[hasinuk]

hi CASA
thanks for your quick response. But i am still looking for some kind of example how to put them together please.

[Casa]

It won't matter, but I suggest in date order.

[noajthan]

Hi all,
received a letter from HO with a new problem. The letter says i dont have enough evidence of cohabitation.
i read guidance notes and this is what it say.

...

For example – if you have 4 items of correspondence in joint names for the same address, you
would need to submit 2 items addressed to each partner at that address (8 items in total).

If you and your partner have no bills or correspondence in joint names, you will need to submit 12
items (6 each) of correspondence, showing that you live together at the same address.

If you and your partner lived with relatives or friends for some or all of the 2-year period, please
provide a letter from the relative(s) and/or friend(s) confirming this.
If you did not live together for any part of the 2-year period, tell us the reasons for this and whether
you stayed in contact with each other during this time, and provide any relevant supporting
evidence.
Please give an explanation on a separate sheet if you cannot provide at least 6 items; if the items
are not addressed to both of you; or if they do not cover the 2-year period."[/i]

now the question is, could someone please help me to understand how to gather documents again.

If you and your partner have no bills or correspondence in joint names, you will need to submit 12
items (6 each) of correspondence, showing that you live together at the same address.

so do i and my partner need 6 documents (12 in total) for every year i claim i have been cohabiting or is it just 12 for the whole period?
i would really appreciate if someone could get me an example please. HELP!! thanks in advance.

...

The requirement from HO is for 6 items in total in joint names spread over 2 years.
Not 6 items per year.
BUT if every letter is in a single name they want to see 6 in total from each person.

Note the HO applies their UK rules to EEA applicants.
However under EU rules there is no legal requirement for people in a relationship to cohabit (whether they are married or in a relationship 'akin to marriage').

[Casa]

@noajthan are you sure about the non-requirement of co-habitation for EEA nationals? My understanding is that they have to show a 'durable relationship' which would include living together and the evidence to support that?

[noajthan]

@noajthan are you sure about the non-requirement of co-habitation for EEA nationals? My understanding is that they have to show a 'durable relationship' which would include living together and the evidence to support that?

@Casa, it is not my view it is a view established by case law...

Case law of the courts has confirmed that the Home Office’s European Casework Instruction in relation to durable relationships ‘should not be taken as necessarily correct in every particular’. In YB (EEA reg 17(4) – proper approach) Ivory Coast [2008] UKAIT 00062 the Tribunal stated that ‘durable relationship’ is a Community law term and to seek to reduce it to the criteria contained within the Immigration Rules would run contrary to Community law.

...

The fact that a couple have lived together for at least two years, which would provide the basis for an application as an unmarried partner under the Immigration Rules, is a relevant consideration. However, two years cohabitation is not essential and cannot be determinative of the issue and indeed the Home Office must be wrong to treat the requirement of two years cohabitation as a mandatory requirement.

Ref: http://www.immigrationbarrister.co.uk/B ... -2006.html

[Casa]

I appreciate that less than 2 years co-habitation should succeed on appeal, but surely there must be evidence of a reasonable period living together?

[noajthan]

I appreciate that less than 2 years co-habitation should succeed on appeal, but surely there must be evidence of a reasonable period living together?

My understanding is EU are wise enough to recognise they can't dictate how someone structures their life.

There may be various personal or practical reasons against co-habitation;
eg think of cruise ship or oil rig workers & etc.

Some cultures also have a long tradition of one spouse or partner working abroad with family left behind at home, eg OFWs.

So evidence of a family &/or joint plans may also constitute evidence of a durable relationship & not simply living together at the same place.

(Clearly living together does go a long way in terms of unimpeachable evidence & would make a case more straightforward).

[Casa]

Instructions to Case Workers in deciding application as an EEA extended family member - Durable relationship
April 2015. This guidance applies and interprets the Immigration (European Economic Area) Regulations 2006 (as amended).
These Regulations make sure the UK complies with its duties under the Free Movement of Persons Directive
2004/38/EC.
Evidence required for durable partners
The applicant and the EEA national sponsor must have been living together in a relationship
similar to marriage which has subsisted (continued in existence) for at least two years. The
evidence the applicant can provide may include (but is not limited to):
 Proof that any previous relationship has permanently broken down:
o degree absolute for marriages
o dissolution order for civil partnerships.
 Evidence of cohabitation for at least two years:
o bank statements or utility bills in joint names at the same address
o rent agreements
o mortgage payments
o official correspondence which links them at the same address.
 Evidence of joint finances, joint business ventures and joint commitments:
o tax returns
o business contracts
o investments.
 Evidence of joint responsibility for children such as a birth certificate or custody
agreement demonstrating that the two parties claiming to be in a durable relationship
are cohabiting and sharing responsibility for children.
 Photographs of the couple.
 Other evidence demonstrating their commitment and relationship.
You must always consider the individual circumstances of the application and consider whether it is appropriate to use discretion. For example there may be instances when the two year rule is not satisfied but the couple have a child together. In these circumstances you can use your discretion if there is enough evidence. For example, a birth certificate showing shared parentage has been provided with evidence of living together.

The point I'm attempting to get across here (without disagreeing with your posts Noajthan) is that IMHO unless the OP is prepared to let his application be decided on appeal, he will have to submit the co-habitation evidence requested.

[noajthan]

Instructions to Case Workers in deciding application as an EEA extended family member - Durable relationship
...

The point I'm attempting to get across here (without disagreeing with your posts Noajthan) is that IMHO unless the OP is prepared to let his application be decided on appeal, he will have to submit the co-habitation evidence requested.

Yes Casa understood & agree.

Spoon feeding & aligning with HO (however unpleasant that may be at times) is clearly the simplest way to go unless one falls into an edge-case category;
in which case one may have to take it to the wire (by way of appeal & etc)

[hasinuk]

i am thinking to submit 5 years tv license for address proof. 3 of them which i received via post and 2 of them online by email. I printed the email and attached with the other 3 in date order. now i am wondering if it is acceptable or not? could anyone please suggest me any idea?
thank you.

[hasinuk]

i am thinking to submit 5 years tv license for address proof. 3 of them which i received via post and 2 of them online by email. I printed the email and attached with the other 3 in date order. now i am wondering if it is acceptable or not? could anyone please suggest me any idea?
thank you.