Case ref IM/09696/2004

[Shlumaan]

Hello,

I have enountered this quotation on the UKLGIG forum: "Where a relationship has subsisted for 2 years but you have not cohabited throughout (e.g. some time spent apart due to living in different countries) then your application will be scrutinised carefully but you could still succeed. [u]There is legal precedent (Ref. IM/09696/2004) for the argument that the Immigration Rules require a 2 year relationship akin to marriage but not 2 years of continual co-habitation"[/u] (taken from http://www.uklgig.org.uk/uprule.htm)

I am trying to find the case in order to back up my application for durable relationship. I've posted a question at the UKLGIG website, but no one yet seems to know. Can someone give an indication as to the location of this reference? whether it is a European or English law? It doesn't seem to appear in the legal databases in the UK (I've had a barrister friend looking for it).

Will appreciate any help.

[Kitty]

Without being able to find the case, and just looking at the Rules, I would say that the argument is based on the wording:

... the parties have been living together in a relationship akin to marriage or civil partnership which has subsisted for two years or more...

The requirements for a relationship "akin to marriage or civil partnership" to have been subsisting for at least 2 years, and for the parties to have been living together, are separate.

You then face the hurdle of showing how your relationship was "akin to marriage..." for the whole 2 year period even if you weren't living together during that whole time: living together and sharing household commitments is one of the most straightforward ways of demonstrating the nature of your relationship.

What is your situation Shlumaan? Is there a reason you can't wait until you have clocked up 2 years living together?

[Shlumaan]

Kitty thanks for your response.

I still would like to find the case that is quoted. My situation is quite complicated to explain but suffice to say that I need to prove relationship akin to marriage without the full 2 years of co-habitation. As I said, or may have not, I have a solicitor representing my case, but he (and I) are curious to find this case quoted above as it may help my application. But so far no one is giving me any lead...Any advice? with appreciation.

[ElenaW]

Kitty thanks for your response.

I still would like to find the case that is quoted. My situation is quite complicated to explain but suffice to say that I need to prove relationship akin to marriage without the full 2 years of co-habitation. As I said, or may have not, I have a solicitor representing my case, but he (and I) are curious to find this case quoted above as it may help my application. But so far no one is giving me any lead...Any advice? with appreciation.

Your solicitor is getting paid. He should find the case himself! I've never heard of it to be honest. I know it'll be tricky though because I've known a case to be refused where the couple was one month short of the requirement. Then again, there were a few on this forum that had their approval after 13 months cohabitation.