Being Denied an EEA FP

Hello,

I am curious about the consequences of being denied an EEA Family Permit (on the basis of a durable relationship). Short background: I will have documentation to prove two years of cohabitation come May 2012. I understand that the two years cohabitation is highly recommended, but not technically a requirement. If I were to apply in February or March on the off chance that I get approved, I realize I would very likely be denied.

My kind of stupidly blunt question is: Would this be bad? I'm concerned about it being bad in the sense that I would have a black mark on my record, but also concerned about it being bad in the sense that I would be seen as trying to scam the system and make things difficult for others trying to apply for the same thing. Or would it just mean I have to wait a few more months and try again?

Basically I don't want to do anything sketchy. I'm not trying to scam anyone or be above the rules. As far as I understand it, two years isn't actually a rule, and there is a chance, however slim, that I could be approved.

The internal guidance they use for unmarried partners of EEA citizens does not mention the two year documentation requirement, that's a thing for unmarried partners of British citizens.

Plus it explains that there's appeal rights as long as the sponsor establishes that they are an EEA citizen (which shouldn't be too hard to do).

I don't think an EEA refusal is particularly worse than a UK refusal, but it's really a question for each person to decide.  If you need a *precise* reading on your situation, you should get a solicitor who is up to scratch on the whole can of worms of EEA migration (which is an altogether different thing from UK migration).

Correction.  The sponsor does NOT have to establish their nationality in order for the applicant to have appeal rights.

This is what I am referencing:

http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/documents/

If you are applying as the EEA national's unmarried partner, you should provide evidence that you have been living with them in a relationship akin to marriage for more than 2 years. It is unlikely that we would consider a shorter relationship as 'durable', in accordance with the EEA Regulations.

It's the "unlikely" that makes me think it's OK to apply a few months shy of two years.

I agree, it's only there to be consistent with the UK guidance. 

Thanks for your help, Transpondia 

My EEA FP was issued today! I'm still kind of in shock!

I know that the EEA route is rare around here, but if anyone has any questions about what we submitted I'd be happy to explain. I'm certainly not an expert, but I'm happy to share my particular situation.

Basically we got the EEA Family Permit on the basis of a durable relationship even though we're several months shy of proving the 2 years cohabitation. We didn't submit any financial information at all, just proof of our relationship. My application arrived on Wednesday, was opened on Thursday, and was approved on Friday!

Many congratulations.

Love pads x

Congrats! I'm an EEA FP too, and I feel like we are a lucky bunch what with the no fees and good turn around times on the FP application.

Have you started pre-gaming your Residence Card application? It took six weeks for us to get the Certificate of Application letter and now we are just waiting.

My EEA FP was issued today! I'm still kind of in shock!

I know that the EEA route is rare around here, but if anyone has any questions about what we submitted I'd be happy to explain. I'm certainly not an expert, but I'm happy to share my particular situation.

Basically we got the EEA Family Permit on the basis of a durable relationship even though we're several months shy of proving the 2 years cohabitation. We didn't submit any financial information at all, just proof of our relationship. My application arrived on Wednesday, was opened on Thursday, and was approved on Friday!

Wow, I'm surprised but good for you! Congratulations.

Thanks everyone!

Sharashara, I haven't started pulling things together for the EEA2 yet, things have been so crazy! I'll start looking into it this week. I'm glad you got your COA, but six weeks seems like a long time! A bunch of our original documents weren't returned with our passports, so I'm hoping I don't need them. Good luck with your application, I hope you hear soon!

Thanks everyone!

Sharashara, I haven't started pulling things together for the EEA2 yet, things have been so crazy! I'll start looking into it this week. I'm glad you got your COA, but six weeks seems like a long time! A bunch of our original documents weren't returned with our passports, so I'm hoping I don't need them. Good luck with your application, I hope you hear soon!

What wasn't returned to you? Depending on what it was, it possibly should have been and you should ask for it. The only thing that the consulate is supposed to keep is anything specifically address to them--like a sponsor's letter--but things like marriage certificates, leases and bank statements should be returned.

That's interesting. We're missing two leases, some insurance forms, and some bank statements (with all account #s and financial information blacked out.) We sent photocopies of every document we sent, some of the photocopies were kept and some were returned. I expected them to take the photocopies, but was surprised when some of our original documents were missing.

That's interesting. We're missing two leases, some insurance forms, and some bank statements (with all account #s and financial information blacked out.) We sent photocopies of every document we sent, some of the photocopies were kept and some were returned. I expected them to take the photocopies, but was surprised when some of our original documents were missing.

You should definitely ask for those back, they shouldn't have kept them. Especially the leases (and maybe insurance forms) as they're original documents that are not easy to replace. You can expect them to keep the photocopies but not the originals. What consulate are you dealing with? I recall that you were thinking about applying from somewhere in South America?

You definitely need to hound them for your documents back - you will need some of them to apply for your residence card. I think six weeks is kind of average for getting the COA letter - so you'll want to start your own application asap. Hope it will go sooner, but they are allowed to take up to six months to process the whole thing.

I understand about the craziness -- there's so much to do! Remember to take breaks!

Looks like I'll have to contact them, then. I ended up going through the consulate in New York. I'm still in the US, but I leave for South America in about three weeks. We'll be spending a month there before heading to the UK at the end of March. So I basically have less than three weeks to get everything sorted out! I don't see a lot of sleep in my future.

Tonight I'll go through the entire packet they sent back and make a note of every document I'm missing. Does anyone know what the best way to contact the NY consulate for this is?