applying for EEA2 residence permit

[Sbilal]

Hi there,
I am non EU currently on PSW, applying for EEA2 residence visa next week on the basis of being unmarried partner of EU citizen exercising her treaty rights in the UK, we are living together on the same address for 13 months, she is about to finish her masters and at the same time she is working as well. We have all bills banks statements tenancy agreement council tax etc covering this period.
1.Can I apply for EEA2 residence permit without her applying for EEA permit, some people say first your EEA partner has to apply and then you apply but I think I can apply only myself it is not necessary for her to apply as well
2. My visa expires in 2 months what if my application if refused when my visa has already expired do I have to leave the country or I can reapply staging here in UK.
Thanks in advance

[sheraz7]

with regret to say you cannot meet the criteria especially due to insufficient time spent with eea national. The minimum time period is 2 years to meet the criteria and you must have joint bank statements, utility bills and tenanct agreement etc.

[Sbilal]

We have joint bank account, but as far as I know is that two year time period is for UK nationals and if your partner is from EU then UK rules doesn't apply in that case

[toni34]

''We have joint bank account, but as far as I know is that two year time period is for UK nationals and if your partner is from EU then UK rules doesn't apply in that case''
Really?where did you get that information?well you r in for a surprise,it is indeed 2 years and also the fact you have joint accounts and bills means nothing if at all ,the caseworker is more likely to look at the whole picture of the relationship,that is where the bills and joint account comes in.and two people can get bills together and account so it is not a fool proof.you will need to prove your living circumstances with the EU as a matter of fact,

[sheraz7]

Hi there,
I am non EU currently on PSW, applying for EEA2 residence visa next week on the basis of being unmarried partner of EU citizen exercising her treaty rights in the UK, we are living together on the same address for 13 months, she is about to finish her masters and at the same time she is working as well. We have all bills banks statements tenancy agreement council tax etc covering this period.
1.Can I apply for EEA2 residence permit without her applying for EEA permit, some people say first your EEA partner has to apply and then you apply but I think I can apply only myself it is not necessary for her to apply as well
2. My visa expires in 2 months what if my application if refused when my visa has already expired do I have to leave the country or I can reapply staging here in UK.
Thanks in advance

Check the EEA2 form that you are planning to send next week and read carefully the length of time required then correct yourself.

[Obie]

Well it is not strictly speaking right that a durable relationship has to have lasted for 2 years for it to succeed. Factors such as existence of a child, joint financial committments are all taken into account. In the circumstance of OP's case, except of course i theres more he is not relaying on the forum, he will not succeed.

[flipper77]

with regret to say you cannot meet the criteria especially due to insufficient time spent with eea national. The minimum time period is 2 years to meet the criteria and you must have joint bank statements, utility bills and tenanct agreement etc.

sheraz7 - I believe this to be a guideline, rather than a hard and fast rule and living together does not necessarily prove durability of the relationship - OP stated they've been living together for 13 months - the relationship has probably been going on longer than that! The form states ( http://www.ukba.homeoffice.gov.uk/sitec ... /eea21.pdf ):

For unmarried partners: proof that you are in a durable relationship. Generally this is proof that
you have been in a subsisting relationship for two years or more, such as joint bank or building
society statements, joint tenancy agreements, council tax bills or evidence that you are both paying
utility bills at the property at which you reside.

[sheraz7]

@flipper 77
what do you think the guideline on eea2 form is? you mean that its just for information without the need to comply with it. Can you show us any legislation or even one single case where the eea2 is being granted on 13 months relationship that is almost half of the required time.

[Obie]

For the benefit of this thread, i will firstly state that a guidian is not a statutory document and secondly state state that "Durable Partner" is a community term which cannot be defined by any memberstate. Memberstate can use criteria to determine the existence of a durable relationship but they cannot define it strigently by national standards. An extensive examination of the personal circumstances of these people will need to be undertaken.

[sheraz7]

Of course the personal circumstances are considered but everything need some rationale/touchstone in order to measure/weigh up the legitimacy of case. And that 2 years is a rationale in order to claim that the personal circumstances shows the relationshp durability.

[Obie]

Notwithstanding my reservation about the above, i will not discard it as illogical or prevent it from being expressed.

In some respect, it may be the view of the UKBA, but certainly not community law, which UK is bound by, in its entirety.

I am prepared to accept, as i have done earlier in my assessment of OP's position, that absent factors such as joint financial committment, a child, a planned wedding or recommendation from friends and family, lack of social or religious constraint, that prevent the couple from cohabiting together, the 2 years requirements will have to be met.

[flipper77]

In Chapter 5 of the European Casework Instructions, it states:

Durable Partners
The following conditions should normally be satisfied:
 The parties have been living together in a relationship akin to marriage which has subsisted for two years or more.
 The parties intend to live together permanently.
 The parties are not involved in a consanguineous relationship with one another (i.e. they are not blood relatives who would not be allowed to marry as this would constitute incest).
 Any previous marriage (or similar relationship) by either party has permanently broken down.
These conditions are similar to those which apply in respect of unmarried and same-sex partners of people present and settled in the UK/being admitted on the same occasion for settlement (paragraph 295A of the Immigration Rules).
The applicant must satisfy the caseworker that he is a durable partner as a matter of fact. In cases where the conditions above are met, the caseworker will likely be satisfied that the applicant is a durable partner falling within Regulation 8(5). Each case must be considered on its merits, taking into account all the facts and circumstances, as there may be cases where notwithstanding that one or more of these points is not met the caseworker is still satisfied that the parties are in a durable relationship.

The point I was trying to get across to the OP, is that it isn't an immediate refusal, as there is no definition of a "Durable Relationship" (as Obie has pointed out). The wording on both the application form and within the ECI says "generally" and "should normally" - which means that each case would be decided on its own merit.

Hope that's been some help for you Sbilal

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[Sbilal]

yes relationship has been in existence more than 13 months and we are in relationship for almost 2 years now. I have spoken to few solicitors and it was their view that in EU partner case UKBA is flexible on 2 year rule. Please have a look at the e-mail reply from official Europa.eu


Thank you, for contacting Your Europe Advice.

Directive 2004/38 governs the residence rights and associated rights of EU citizens and their family members.

Under the Directive, the definition of immediate “family member” does not include unmarried partners (although it does include spouses and registered partners).

However, as the unmarried partner of an EU citizen, you still have a right as an “other family member” under Article 3(2) of the Directive. Although you do not have an automatic right to live with your partner in the UK as an “other family member”, the EU rules do require the UK authorities to take into account the situation of all “members of the household” as well as “the partner with whom the Union citizen has a durable relationship, duly attested” in order to “facilitate their entry and residence” in compliance with national immigration laws.

The EU rules do not explain how you must show that you have a “durable relationship”. Note that the UK authorities require you to demonstrate at least 2 years of cohabitation. However, we consider that you should be able to use all available means to show this (for example: evidence of living together for a certain period of time, joint bank account, joint tax return, evidence of contact by telephone and in person, etc.).

The UK authorities do retain some discretion as to whether to grant your ex-husband entry and residence in accordance with national legislation. However this discretion is subject to compliance with overall EU principles of “effectiveness” so that the UK immigration rules cannot be applied in such a way as to render it “excessively difficult or practically impossible” the exercise of such a right. The UK immigration rules should also not be applied in such a way as to circumvent the objectives of the Directive, namely to facilitate family reunification. Recital 6 of the Directive states that the purpose of the Directive is to “maintain the unity of the family in a broader sense”. This means that the UK authorities must give full consideration to your ex-husband residing with you in the UK, regardless of your nationality. If they refuse your application it must be open to you to challenge this decision before a court.

Alternatively, the other option would be to get married in the UK. In such a case, you would then have an automatic right to reside with your wife in the UK.

In order to claim a right of residence, your would need to apply using Form EEA2 which you can download from the UKBA website. You can find out more about the EU rules as they are applied by the UK authorities here:
http://www.ukba.homeoffice.gov.uk/eucitizens/

[Obie]

That advice seems comprehensive, and confirms what i have explained earlier.

[Sbilal]

We both share some financial liabilities and contracts that last for next 12 months, can that also be a supporting point?
Another question I have, UKBA takes almost 6 months to decide EEA2 application and if they take that time we would have been living together for 19 months but my visa will be expired at that time, if we are refused at that point, can we reapply?

[flipper77]

We both share some financial liabilities and contracts that last for next 12 months, can that also be a supporting point?
Another question I have, UKBA takes almost 6 months to decide EEA2 application and if they take that time we would have been living together for 19 months but my visa will be expired at that time, if we are refused at that point, can we reapply?

Sbilal - I think any evidence showing commitment, financial or otherwise will certainly help to prove your durable relationship. As I've said above, they assess each case on its own merit, so noone here can tell you what the outcome will be.

I don't have a great deal of knowledge on declined applications, however from the bits I have read (on this forum - highly recommend searching for the topics you are interested in, and reading about them!) - appeals are sometimes allowed, depending on what grounds the application was rejected. Or, you can re-apply - obviously using up to date evidence of your relationship, EEA exercising Treat Rights etc. etc.