Unmarried partner - EEA residence card

[stella99]

Hello everyone,

I would be grateful if you could please provide me with some advice and guidance about my situation.

I am an EEA national working in the UK in a durable relationship with a non-EEA national for more than the last 4 years. After he was issued with an EEA family permit as my extended family member he came to the UK in November 2015 to join me. Before we were both living together in Cyprus.
We applied for a residence card in January 2016 and after a while received a Certificate of Application saying :

"At this stage we are unable to confirm your right to work in the UK. This will depend on the outcome of the application. This is because you have not provided original documentation for all of the following:
- evidence of relationship with your EEA national sponsor;
We will not revisit the terms of your COA during the consideration of your case. "
At first we were surprised as he was issued an EEA family permit! As a result we decided to send a letter to the Home Office to explain the situation. After three weeks the HO replied and said the following:

"At this stage we are unable to confirm your right to work in the UK. This will depend on the outcome of the application. This is because you have not provided original:
- current valid identity documents for yourself/your sponsor;
- evidence of relationship with your EEA national sponsor;
We will not revisit the terms of your COA during the consideration of your case"

We are very confused as we thought that an EEA family permit almost guarantees the issue of a residence card.
Does anyone had a similar experience and if yes what was the outcome of the application? Is this COA an indication that our application will be rejected?
Would be grateful for any advice or guidance.
Thank you!

[noajthan]

Hello everyone,

I would be grateful if you could please provide me with some advice and guidance about my situation.

I am an EEA national working in the UK in a durable relationship with a non-EEA national for more than the last 4 years. After he was issued with an EEA family permit as my extended family member he came to the UK in November 2015 to join me. Before we were both living together in Cyprus.
We applied for a residence card in January 2016 and after a while received a Certificate of Application saying :

...

At first we were surprised as he was issued an EEA family permit! As a result we decided to send a letter to the Home Office to explain the situation. After three weeks the HO replied and said the following:

...

We are very confused as we thought that an EEA family permit almost guarantees the issue of a residence card.
Does anyone had a similar experience and if yes what was the outcome of the application?
Would be grateful for any advice or guidance.
Thank you!

This is standard practice for an EFM application - and a standard boilerplate response.
Its because an EFM does not have a right of residence until the RC itself is issued. So in the meantime you get a 'short' COA.

"Unable to confirm" does not mean "does not have" nor does it necessarily mean "will not have".

You can get up to speed on COAs here in HO guidance:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf
- see page 30+

[stella99]

Thank you for the reply noajthan. In your experience have residence cards been issued before after having received this type of Certificate of Application?
We are worried whether this COA is an indication that our application will be rejected!
Thank you!

[noajthan]

Thank you for the reply noajthan. In your experience have residence cards been issued before after having received this type of Certificate of Application?
We are worried whether this COA is an indication that our application will be rejected!
Thank you!

Yes, they have been issued Stella, based on members' reports here in forum.
(If you search the Board you will find some).

To us mere outsiders (customers if you will) there is no rhyme or reason to HO processes for this documentation.
You cannot really read any meaning into delays or no delay, payment being taken, when biometric is enrolled and etc.
There's really no point trying.

If you submitted documentary supporting evidence to prove your identities, your relationship, sponsor exercising treaty rights, both parties present in UK (etc etc) then you have given it your best shot.

Believe me, I used to have nightmares about what the Home Secretary was doing to my family and my sometimes discretionary applications (made under the even more stringent UK Regs ie at the Home Secretary's discretion).
Imagining the worst with your whole future in their hands and at the stroke of a pen. But we made it in the end.

Now, for you, It's just a case of sitting tight and sweating it out.

[stella99]

You reply perfectly describes how we are feeling right now and I guess waiting is the only solution. Thank you very much for your replies, managed to calm us down!

[noajthan]

You reply perfectly describes how we are feeling right now and I guess waiting is the only solution. Thank you very much for your replies, managed to calm us down!

That's good to know.

Many if not all members here have done this in one way or another,

Many have tales of woe or 'war stories'.
Others are lucky (or well-organised) and get processed relatively smoothly.

Keep coming back if you have questions. Or watch one of the timeline threads to track other members' progress.
Your mileage may vary ofcourse but you will realise you're not the only ones doing it.

If you succeed post it; if you get stuck ask for help!

Good luck.