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EEA EFM Reufsed (No appeal Rights)

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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inprogress
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EEA EFM Reufsed (No appeal Rights)

Post by inprogress » Wed Nov 23, 2016 1:08 pm

Hello there,
I have been following this forum for a while and it helped through my application and I want to ask for some advice. My situation is as follows:
- 4 Years student visa
- FLR FP and appeal refused
- EEA EFM Unmarried Partner refused and the reason are
1- Lack of evidence of a durable relationship. We provided bank proof of address with statements, letter from MP, vision tests with address and shopping receipts . They said they wanted tenancy agreements ,joint bank accounts and utility bills
We can provide a letter from the landlord instead of the tenancy agreement and Phone bills as all our utility bills are included in the rent.also letters for tax refunds and proof of GP registration on the address. Is that sufficient ?

2- The payslips from a recruitment agency don't match the contract .
At that point we provided her new job contract and the payslips were from a previous temp job to . We have the payslips following the submission showing that she worked for that company after the application was posted and now she has a new Job with corresponding payslips.

So my question is do I have enough grounds to apply again? and If not what other options do I have? considering the HO has my passport and otherwise I have to leave

Please do advise me If you can and thank you very much for reading.

noajthan
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Location: UK

Re: EEA EFM Reufsed (No appeal Rights)

Post by noajthan » Wed Nov 23, 2016 1:11 pm

1) 2 years relationship akin to marriage?
Any evidence of joint venture? joint enterprise? future plans?
Any children?

2) Any/all evidence needs to be rock-solid. Use more than one complementary source so if one item is disregarded you have an alternative in the bundle.
Why give HO wriggle room.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

inprogress
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Re: EEA EFM Reufsed (No appeal Rights)

Post by inprogress » Wed Nov 23, 2016 1:35 pm

noajthan wrote:1) 2 years relationship akin to marriage?
Any evidence of joint venture? joint enterprise? future plans?
Any children?

2) Any/all evidence needs to be rock-solid. Use more than one complementary source so if one item is disregarded you have an alternative in the bundle.
Why give HO wriggle room.
1)Yes we have been together for 3 years and living together for 2. Only Joint insurance . We are planing a move to Singapore next year if I get my travel rights back but there is no way of proving that.We wanted a joint bank account but cant do that as the home office has my ID.Also marriage was an option but again no proof of Id to support the .No kids

2) Definitely not this time we will provide all contracts along with the payslips and the explained timeline

Do you think we have a chance ?
Thank you for the prompt reply

noajthan
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Re: EEA EFM Reufsed (No appeal Rights)

Post by noajthan » Wed Nov 23, 2016 1:42 pm

You have a chance if you can prove to caseworker's satisfaction that you enjoy a durable relationship; (2 years plus).
This is not EU law as EU law is hazy in this area; UK has simply imported its domestic requirements to fill the gap.

As you have discovered, you need to address all refusal points with unimpeachable evidence.
Good luck.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

inprogress
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Re: EEA EFM Reufsed (No appeal Rights)

Post by inprogress » Wed Nov 23, 2016 1:51 pm

noajthan wrote:You have a chance if you can prove to caseworker's satisfaction that you enjoy a durable relationship; (2 years plus).
This is not EU law as EU law is hazy in this area; UK has simply imported its domestic requirements to fill the gap.

As you have discovered, you need to address all refusal points with unimpeachable evidence.
Good luck.
One last question. What in your opinion can we add to prove it ?

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Re: EEA EFM Reufsed (No appeal Rights)

Post by Casa » Wed Nov 23, 2016 1:58 pm

As a tip...look for documented evidence that proves you were more than flat mates. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

noajthan
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Re: EEA EFM Reufsed (No appeal Rights)

Post by noajthan » Wed Nov 23, 2016 1:58 pm

inprogress wrote:One last question. What in your opinion can we add to prove it ?
Refer to HO guidance which caseworker is likely to use when assessing and weighing up your case:
https://www.gov.uk/government/uploads/s ... als_v3.pdf
All that is gold does not glitter; Not all those who wander are lost. E&OE.

inprogress
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Re: EEA EFM Reufsed (No appeal Rights)

Post by inprogress » Wed Nov 23, 2016 2:14 pm

noajthan wrote:
inprogress wrote:One last question. What in your opinion can we add to prove it ?
Refer to HO guidance which caseworker is likely to use when assessing and weighing up your case:
https://www.gov.uk/government/uploads/s ... als_v3.pdf
Thank you , I appreciate the help

inprogress
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Re: EEA EFM Reufsed (No appeal Rights)

Post by inprogress » Wed Nov 23, 2016 2:17 pm

Casa wrote:As a tip...look for documented evidence that proves you were more than flat mates. :idea:
We have dozens of photos,chat histories and our statements

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