EEA4 PR Refused

[wanna]

Hi,

I am a polish citizen and have submmited an EEA4 form applying for a PR for my non EU partner as unmarried partners. The application has been refused by the Home Office on the grounds we have failed to satisfy that I have been exercising my treaty rights in UK for the past 5 years and that we have a durable relationship for the past two years and since his current EEA visa has expired they are now asking my partner to leave the country voluntarily before they take further action.

They have never given us a chance to submit any further evidence and waited until his visa was expired nearly 9 months later to refuse it.

Could you kindly advice in your point of view what's a viable next action:

1. Try to appeal and submit further evidence which should be enough to satisfy the above criteria

2. Try to submit a new application with further evidence while my partner is back at his home country?
- We would not have his passport and we are unsure how the biometric would work.

We are also considering marriage since the HO despite our efforts is denying our durable relationship, but it could be complicated while my partner is abroad.

Are there any other alternatives, to remain in the country to submit a new application or appeal?

Thanks in advance,
Anna

[noajthan]

Hi,

...

Could you kindly advice in your point of view what's a viable next action:

1. Try to appeal and submit further evidence which should be enough to satisfy the above criteria

2. Try to submit a new application with further evidence while my partner is back at his home country?
- We would not have his passport and we are unsure how the biometric would work.

We are also considering marriage since the HO despite our efforts is denying our durable relationship, but it could be complicated while my partner is abroad.

Are there any other alternatives, to remain in the country to submit a new application or appeal?

Thanks in advance,
Anna

1) This is all you can do really.

Was refusal about not exercising treaty rights or was it due to lack of evidence of this?
With an A8 sponsor was the problem related to WRS?

Why could you not prove the relationship to caseworker's satisfaction?

What specific points did you fail on?
Can you post an anonymised extract from the refusal letter?

2) You can't apply for a RC from outside UK.
If you leave UK you can apply for a FP at sometime in the future to re-enter.

Having left on UK this basis (due to refusal) you would need to show partner was exercising treaty rights in order to succeed and have chance of getting a FP for re-admittance.

It's a longshot but yes, getting married could help solve this (especially if on the cards anyway).