EEA2 to EEA4 (unmarried partners) - lighter burden of proof?

[lmb]

One would expect that the HO pays careful attention to new applications made on the basis of unmarried partnership, as these can be more casually faked than marriages.

I'm wondering whether things get easier on, say, a third application, 7 years on from the first, but this time for PR (EEA4). Does the focus shift to testing treaty rights (pay slips, etc) and continuous residence in the country, and away from cohabitation, and other relationship criteria?

Probably hard to answer this, except negatively - i.e. if someone got a harder time on EEA4 in connection with their unmarried partner status. Still, would be good to know, in terms of documents to send, and whether or not to be concerned about occasional "time-off".

Maybe the legal situation changes, in terms of burden of proof - since by this time the HO has accepted the unmarried couple's family status?

Anyone have any ideas/experience? Thanks

[EUsmileWEallsmile]

One would expect that the HO pays careful attention to new applications made on the basis of unmarried partnership, as these can be more casually faked than marriages.

I'm wondering whether things get easier on, say, a third application, 7 years on from the first, but this time for PR (EEA4). Does the focus shift to testing treaty rights (pay slips, etc) and continuous residence in the country, and away from cohabitation, and other relationship criteria?

Probably hard to answer this, except negatively - i.e. if someone got a harder time on EEA4 in connection with their unmarried partner status. Still, would be good to know, in terms of documents to send, and whether or not to be concerned about occasional "time-off".

Maybe the legal situation changes, in terms of burden of proof - since by this time the HO has accepted the unmarried couple's family status?

Anyone have any ideas/experience? Thanks

I read the first lines of your post and stopped...

If you have had your situation recognised by the UK, you are covered by the directive. No, once recognised, a family member is a family member...

[lmb]

Sorry, but I'm not sure I understand what you mean.

I'm asking whether the HO would focus less on cohabitation (and other relationship proofs) on an EEA4 application, having screened for this on two prior EEA2 (obviously successful) applications.

And whether the burden of proof (on the relationship issue) shifts from applicant to the HO, following initial recognition.

[Jambo]

It would probably depend on the case. The HO would still want to see proof the relationship still exists but won't ask for cohabitation evidence for every single month during the 5 years. If for example there are joint finances or children involved, then cohabitation evidence would be less important.

If you already had 2 EEA applications, wouldn't you obtain PR by now?

[lmb]

After 2 successful EAA2 applications you have PR automatically, assuming the relationship and residence was continuous and treaty rights exercised for a 5 year period (first permit is usually 2 years, followed by a res card for 5 years).

The problem is that to have this confirmed (which you need to do, practically, and also for naturalisation) you need to demonstrate 5 years via EEA4.

So the first permit (for unmarried partners) demonstrates 2 years cohabitation (which probably doesn't count towards the 5 years), the second EEA2 application demonstrates 2 years (which counts), and the final EEA4 application demonstrates at least 5 years, so at least 3 years from passing the second EEA2 (assuming the first 2 years before applying don't count).

Long-winded way of saying you still have to prove you stuck to the rules whilst "covered" by your 5 year res card.

[Jambo]

I don't follow. EEA2 application normally results in a 5 years RC. Wasn't that your case? Why had you applied for a second RC?

You don't need to use the RC as evidence but rather documents (which might have been used to support the RC application) to prove the relationship.

[sheraz7]

I believe the main confusion OP facing and trying to it confirmed in different angles/sources that why the cohabitation period which usually needs for EEA2 RC (unmarried partners basis) does not count towards getting PR after 5 years. But the key fact need to understand that the time towards PR starts when UKBA issue the EEA2 RC which in other words is the time when non-EU family member is recognized as EU national family member in contrary to married couples where on the day of marriage non-EU national is the family member of EU national who even no need to get it confirmed in the form of EEA2 RC. But in both cases the EU national need to exercise its treaty rights but the time towards PR will only start/count once non-EU national's is recognized.

[lmb]

Jambo, if that is the case (that EEA2 always results in a 5 year card) then perhaps another form was used for the first application. I am asking on a friend's behalf. Either way the first 2 years visa/permit/card was based on demonstrating a durable relationship of 2 years prior cohabitation.

Sheraz7, I am also trying to ascertain whether the 2 years of durable relationship before the permit/card date can be counted towards the 5 years required for PR, as you say. But in this question I'm assuming that it doesn't, and that there is an inherent weakness in the application (because a durable continuous relationship can only easily be demonstrated using those 2 prior years).

Given the weakness, I'm wondering whether (and hoping that) the HO will focus on treaty rights and continuity of residence in this EEA4 application, given that the relationship has already been recognised.