# HELP!!! Refused EEA FP



## miltbrave (Mar 14, 2012)

We've got very bad news. It's devastating!

Just to give you an overview of our relationship. We are unmarried partner. I am a Greek National and my partner is Filipino citizen. We met online on November 2010 and we first met on May 2011 on my vacation to the Philippines. And we started a business on August 2011 and we live together until present. That would give a total of 1 year and 6months that we are in a relationship.

We attached our tons of documents that we could came up with. Like;
1.)Online application
2.)Cover letter 
3.)introduction letters from both of us
4.) letters from friends, evidence of our business
5.)lease of contract, mails that are addressed to both of us, id's showing we have the same address
6.)joint bank account
7.)emails, calls, chats, 
8.) photos
9.) engagement ring receipt
10.) travel documents
11.) health insurance 

Documents that I submitted:
1.) passport and photocopy (with stamps to show that I live here in the Philippines)
2.) birth certificate
3.) criminal records clearance
4.) CV
5.) Certificate of Employment
6.) job ads 

Documents that my partner submitted:
1.) passport
2.) birth certificate 
3.) CENOMAR (certificate of no marriage)
4.) NBI clearance


The decision:

You have applied for an EEA family permit as a person who is in a durable relationship with an EEA national. Your application has been considered in accordance with Regulation 8 (5) of the immigration (EEA) Regulations 2006 but have failed to prove that you are in a durable relationship with an EEA national.

In cases where a person is seeking to be considered as an unmarried/same sex partner of an EEA National, we apply the same criteria as that stipulated under the Immigration Rules for a person seeking leave to enter as the unmarried/ same sex partner of a British or Settled person. In your case you have not met the requirements of the UK Immigration rules which stipulates that you must have maintained a relationship with your sponsor (EEA National) akin to marriage for a period of two years or more. I note from your letter detailing the relationship that you initial met in May 2011 and that your sponsor came to live in the Philippines after August 2011. Furthermore you have not submitted any evidence of your sponsors continued presence in the Philippines or evidence that you and your sponsor had cohabited akin to marriage for the stated period.

i therefore refuse your EEA family permit application because I am not satisfied that you meet all of the requirements of Regulation 12 of the Immigration (European Economic Area) Regulations 2006.

We are very disappointed that they are basing their decision the same with UK Immigration. We are so sure that we submitted all the documents mentioned above. And thus, we believe that this is a big mistake that did such. 

Do you think that we have a strong evidence to appeal on this? How long it would take? What would the process be and the corresponding payments? 

Hoping for an immediate response.

Thank you so much


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## WestCoastCanadianGirl (Mar 17, 2012)

You say: 

_ We met online on November 2010 and we first met on May 2011 on my vacation to the Philippines. And we started a business on August 2011 and we live together until present. *That would give a total of 1 year and 6months that we are in a relationship.*_

Which is all fine and well, in the eyes of the UKBA. They acknowlege that people can and do find themselves in marriage like relationships and will consider them for admittance into the United Kingdom.

However, UKBA _policy_ states

_In cases where a person is seeking to be considered as an unmarried/same sex partner of an EEA National, we apply the same criteria as that stipulated under the Immigration Rules for a person seeking leave to enter as the unmarried/ same sex partner of a British or Settled person. *In your case you have not met the requirements of the UK Immigration rules which stipulates that you must have maintained a relationship with your sponsor (EEA National) akin to marriage for a period of two years or more*_

You go on to say:

_We are very disappointed that they are basing their decision the same with UK Immigration. We are so sure that we submitted all the documents mentioned above. And thus, we believe that this is a big mistake that did such_

The UKBA has every right to set whatever policy and rules that it wants, and their current policy says that an applicant and his or her sponsor must have been in a marriage like relationship for two years or more. 

You, by your own admission, have not been together long enough for them to consider you akin to a married couple, therefore they are justified in turning down your application. I'm sorry that they turned you down, but the current length of your relationship does not meet the criteria demanded by the UKBA.

That said, I'd say give your relationship 6-9 more months and try again (Hey, Joppa, this setback won't harm a future application, will it?) as clearly they were satisfied with your application package, apart from the length of your relationship.


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## miltbrave (Mar 14, 2012)

thank you for your reply but already if you read other posts they exist persons that with not even 1 year of relationship and granted the eea family permit.the ukba site i search it this time detailed and the eu regulation say that no one has the right to change the rules of unmarried couples the only thing that they ask is only genuine relationship and the 2 years attached only to the british or settled persons in uk.that make wrong the decision of the eco .and how you verify the 2 refusal that for oue stated time we didnt submit evidence and they dont see my stabs in philippines and the rental lease of contract.in my eyes seems that they didnt check properly our documents.please reply someone that have knowledge and experience.joppa and jrge we need your guide.


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## AnAmericanInScotland (Feb 8, 2012)

miltbrave said:


> thank you for your reply but already if you read other posts they exist persons that with not even 1 year of relationship and granted the eea family permit.the ukba site i search it this time detailed and the eu regulation say that no one has the right to change the rules of unmarried couples the only thing that they ask is only genuine relationship and the 2 years attached only to the british or settled persons in uk.that make wrong the decision of the eco .and how you verify the 2 refusal that for oue stated time we didnt submit evidence and they dont see my stabs in philippines and the rental lease of contract.in my eyes seems that they didnt check properly our documents.please reply someone that have knowledge and experience.joppa and jrge we need your guide.


Was there anything in the refusal notice regarding your rights to lodge an appeal? There would have been instructions included if you have appeal rights. 

I don't know very much about the EEA FP, so I don't know what your appeal rights would be under those rules, but I do know that if you have appeal rights the UKBA will have included that information in the refusal notice.

I remember your threads as you prepared to make your application, and the concern in some of the posts and replies regarding the length of time the two of you had been together in a marriage like relationship. I'm sorry things have turned out this way for you but after the two of you have been together in a marriage like relationship for 2+years you can reapply.

While you are in the UK and your partner is not, be sure to collect documentation of your continuing communication during the separation. Emails, Skype logs, bills in both of your names to the same address where presumably your non-EEA partner is 'holding down the fort', etc.

Again, sorry your partner will not be able to accompany you. Make sure to re-read the refusal notice carefully for any information regarding your possible appeal rights.


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## Joppa (Sep 7, 2009)

From what I can gather, UKBA has made a correct decision. If you are applying as unmarried partner (opposite or same-sex), you must have been in a relationship akin to marriage for 2 years with documentary evidence. This is the rule of UKBA and endorsed by EU (who leave these matters to the judgement of member countries - subsidiarity). Those who were granted EEA FP after one year probably were in civil partnership.

At least you lost no money, as there are no fees.

So reapply when you have lived together (in total, doesn't have to be continuous) for 2 years and can produce documents to back it up, or enter into civil partnership in a country where it's allowed, you are eligible under their rules and such a partnership is accepted as valid in UK as specified in Schedule 20 of the Civil Partnership Act.


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## miltbrave (Mar 14, 2012)

Joppa said:


> From what I can gather, UKBA has made a correct decision. If you are applying as unmarried partner (opposite or same-sex), you must have been in a relationship akin to marriage for 2 years with documentary evidence. This is the rule of UKBA and endorsed by EU (who leave these matters to the judgement of member countries - subsidiarity). Those who were granted EEA FP after one year probably were in civil partnership.
> 
> At least you lost no money, as there are no fees.
> 
> So reapply when you have lived together (in total, doesn't have to be continuous) for 2 years and can produce documents to back it up, or enter into civil partnership in a country where it's allowed, you are eligible under their rules and such a partnership is accepted as valid in UK as specified in Schedule 20 of the Civil Partnership Act.


Thanks so much Joppa for your quick reply.

But in the previous threads you guys ( including Jorge and Teuchter) told that it is fine. I still can remember that you mentioned to us that UKBA sometimes based their decision in accordance to British Immigration Laws but in this case this is clearly should be based in accordance to European Laws. 

Some of the grounds that we firmly believe that this case can be appealed are as follows:

1.) that the ECO mentioned " In cases where a person is seeking to be considered as an unmarried/ same sex partner of an EEA National, we apply the same criteria as that stipulated under the Immigration Rules for a person seeking leave to enter as the unmarried / same sex partner of a British or Settled person. Chapter 9-2 of Appeals states "European Community law is a distinct system from the Immigration Rules, (HC 395) and this impacts directly on the appeal right." Wherein again the EU regulations should not be interpolated with the British Immigration rules. Because if that is the case we should have been asked to provide financial details as well as the accommodation proofs.

2.) The ECO mentioned "I note from your letter detailing the relationship that you initial met in May 2011 and that your sponsor came to live in the Philippines after August 2011. Furthermore you have not submitted any evidence of your sponsors continued presence in the Philippines or evidence that you and your sponsor had cohabited akin to marriage for the stated period"

Which we provided on our introductory letter, lease of contracts, passport stamps and other documents that we live in together and that I am here staying in the Philippines. Moreover, the ECO didnt put in account details the documentary evidences that we submitted.

3.) The ECO mentioned "i therefore refuse your EEA family permit application because I am not satisfied that you meet all of the requirements of Regulation 12 of the Immigration (European Economic Area) Regulations 2006". 
1.) Regulation 8 of the 2006 Regulations set out the different categories of people who are defined as ‘extended family members’. It includes a person who is in a ‘durable relationship’ with an EEA national. The UKBA defines a ‘durable relationship’ as one where the unmarried couple has resided together for two years or more. However, the Immigration Tribunal has decided that while living together for two years is a good rule of thumb, it is only one factor that can be taken into account, and therefore it may be possible to establish a ‘durable relationship’ even if the couple has been living together for less than two years.

Can fiancé(e)s, and proposed civil partners qualify for an EEA family permit?
Fiancé(e)s and proposed civil partners are not recognised as family members or extended family members in the EEA Regulations unless they can show they are in durable relationship. However, provisions have been made for fiancé (e)s and proposed civil partners of EEA nationals paragraph 290 of the Immigration Rules. Fiancé(e)s and proposed civil partners of EEA nationals applying under these Rules will have to pay the usual fee. For the purposes paragraph 290 of the Immigration Rules, an EEA national who is a qualified person in the UK is considered as present and settled if they have permanent residence as set out under schedule 2 of the EEA Regulations.

An application as the fiancé / proposed civil partner of an EEA national can only be considered if the specified fee has been paid. This is because you will need to assess the application under the Immigration Rules and not the EEA Regulations. An applicant who does not qualify for an EEA family permit can only be considered against the Immigration rules once the specified fee is paid. Regulation 31 of the Immigration and Nationality (Fees) Regulations 2009 clearly says that if an application to be assessed under the Immigration Rules is not accompanied by the specified fee, the application is not validly made.

- Which is not applicable on our part. Since I, EEA national didnt declare that i am settled in UK. We I have applied correctly for a permit to which my partner is also entitled as the unmarried of an EEA citizen. The rules state that as a member of an EEA family, the ECO must issue a permit; this has not happened owing to what appears to be the ECO’s belief that our relationship is one of convenience.


Wherein all the things mentioned above which is relevant on our case. We were able to clearly provide all the necessary explanations through letters and the documents that we attached.

4.)Under EUN2.18 Can I invite an applicant in for interview?

The ECO can invite an applicant in for interview as long as any delay or deferral can be justified. The ECO should consider inviting an applicant for interview in the following circumstances:

The ECO suspect is;
•	Strong grounds to suspect a marriage of convenience or relationship of convenience

- Which in our case we have received a call, sms or email to clarify some issues. Which we should have been entitled to that.

5.) There are also other people that is similar to our case that they didnt have the 2 years cohabitation. like a couple who applied in Equador and i quote "My visa is in the mail as I write this. If anyone else is in a similar situation, don't give up hope. Two years cohabitation is not the be-all end-all of this visa. The language in the UKBA guidance even notes that ECOs must consider the overall picture, not only the recommended two years cohabitation. Each case is different, I have no idea how often EEA FPs are issued to couples who have less than the two years and don't mean to give anyone false hope, but clearly it is possible". 

I hope that this would be enough grounds of our appeal. We need so much your help on how and where to appeal. And the processes will be.

Thanks so much Mr. Joppa


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## Joppa (Sep 7, 2009)

If you are confident you are going to win any appeal, then you don't need our help. Just go ahead and do it.

We have given you enough help, and if you are going to waste any of our time, having done your homework and you think you know better than us, I may consider banning you from posting any further messages.


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## miltbrave (Mar 14, 2012)

Joppa said:


> If you are confident you are going to win any appeal, then you don't need our help. Just go ahead and do it.
> 
> We have given you enough help, and if you are going to waste any of our time, having done your homework and you think you know better than us, I may consider banning you from posting any further messages.


I never stated that I am better or any kind of expert here. We highly considered your suggestions and help. We have been so grateful about the people here specially you, Mr. Joppa. We are just looking for possibilities of how we can iron out the things that we are in.

We found another solution, there's this thing called Same-sex Holy Union. The Rite of Holy Union is one of the Rites of the Metropolitan Community Churches all over the world as stated in Article III Section C paragraph 3 of the Bylaws of the Universal Fellowship of Metropolitan Community Churches. they also mentioned that they issue newly wed couples their "Holy Union Certificate". Do you think this kind of marriage rites be sufficient under British Immigration rules?

Thanks so much. Hope you can help us with this.


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## Joppa (Sep 7, 2009)

miltbrave said:


> I never stated that I am better or any kind of expert here. We highly considered your suggestions and help. We have been so grateful about the people here specially you, Mr. Joppa. We are just looking for possibilities of how we can iron out the things that we are in.
> 
> We found another solution, there's this thing called Same-sex Holy Union. The Rite of Holy Union is one of the Rites of the Metropolitan Community Churches all over the world as stated in Article III Section C paragraph 3 of the Bylaws of the Universal Fellowship of Metropolitan Community Churches. they also mentioned that they issue newly wed couples their "Holy Union Certificate". Do you think this kind of marriage rites be sufficient under British Immigration rules?
> 
> Thanks so much. Hope you can help us with this.


That won't be acceptable to UKBA. It has to be a civil partnership or gay marriage approved in UK according to Section 20 of Civil Partnership Act. If you google, you get an incomplete list. Obviously in many countries where strong religious objections exist, such as in Muslim countries, no such state ceremony is available.

Just be careful how you engage in discussion with us. We are all trying to help, and if I perceive any point-scoring, I will not hesitate to ban you.


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## WestCoastCanadianGirl (Mar 17, 2012)

_But in the previous threads you guys ( including Jorge and Teuchter) told that it is fine. I still can remember that you mentioned to us that UKBA sometimes based their decision in accordance to British Immigration Laws but in this case this is clearly should be based in accordance to European Laws. 
_

Why should the British be forced follow any other law but their own? The UK is an independent _sovereign_ nation and as such can create their own legal policy. That would be like asking your beloved Greece to follow Turkish law.


_" In cases where a person is seeking to be considered as an unmarried/ same sex partner of an EEA National, we apply the same criteria as that stipulated under the Immigration Rules for a person seeking leave to enter as the unmarried / same sex partner of a British or Settled person. Chapter 9-2 of Appeals states "European Community law is a distinct system from the Immigration Rules, (HC 395) and this impacts directly on the appeal right."_

Again, the UKBA has every right *to set their own policy and rule* in every instance... while you feel that, as an EEA National, you should be entitled to treatment by the UKBA according to European Community Law, (which might tend to favour your position in this matter), the UKBA _as an *independent sovereign* nation_ has enforced their right to dictate their own domestic policy which states that, as an EEA National, you will be subject to the same Immigration criteria that must be followed by a British citizen. Why should a non-British citizen such as yourself, who isn't married to the person whom they're sponsoring, get more favourable treatment over that of a British citizen (to whom many of us here are engaged/married to and spending a small fortune of money to provide evidence that we are in a legitimate relationship with and have every intent on being in a marriage relationship with once we're approved entry)? I find your pretense to be extremely offensive Sir, especially now that I know that _it cost you nothing_ to lodge your application (Fiancé(e) and Spousal applicants are spending upwards of USD 2000$ to be able to do what you get to do for free).

_2.) The ECO mentioned "I note from your letter detailing the relationship that you initial met in May 2011 and that your sponsor came to live in the Philippines after August 2011. Furthermore you have not submitted any evidence of your sponsors continued presence in the Philippines or evidence that you and your sponsor had cohabited akin to marriage for the stated period"

Which we provided on our introductory letter, lease of contracts, passport stamps and other documents that we live in together and that I am here staying in the Philippines. Moreover, the ECO didnt put in account details the documentary evidences that we submitted._

Even if they gave you the benefit of the doubt and backdated the start of your "marriage like" relationship to 01 May 2011, it is now only mid-May 2012, which is only _barely *one year*_ in duration. How do you figure that you have _one and a half years_? Math has never been my strong suit, but no matter how many ways I look at it, 55 weeks is hardly 78 weeks (18 months) and isn't anywhere near 104 weeks.

_3.) The ECO mentioned "i therefore refuse your EEA family permit application because I am not satisfied that you meet all of the requirements of Regulation 12 of the Immigration (European Economic Area) Regulations 2006". 
1.) Regulation 8 of the 2006 Regulations set out the different categories of people who are defined as ‘extended family members’. It includes a person who is in a ‘durable relationship’ with an EEA national. The UKBA defines a ‘durable relationship’ as one where the unmarried couple has resided together for two years or more. However, the Immigration Tribunal has decided that while living together for two years is a good rule of thumb, it is only one factor that can be taken into account, and therefore it may be possible to establish a ‘durable relationship’ even if the couple has been living together for less than two years.
Can fiancé(e)s, and proposed civil partners qualify for an EEA family permit?
Fiancé(e)s and proposed civil partners are not recognised as family members or extended family members in the EEA Regulations unless they can show they are in durable relationship. However, provisions have been made for fiancé (e)s and proposed civil partners of EEA nationals paragraph 290 of the Immigration Rules. Fiancé(e)s and proposed civil partners of EEA nationals applying under these Rules will have to pay the usual fee. For the purposes paragraph 290 of the Immigration Rules, an EEA national who is a qualified person in the UK is considered as present and settled if they have permanent residence as set out under schedule 2 of the EEA Regulations.

An application as the fiancé / proposed civil partner of an EEA national can only be considered if the specified fee has been paid. This is because you will need to assess the application under the Immigration Rules and not the EEA Regulations. An applicant who does not qualify for an EEA family permit can only be considered against the Immigration rules once the specified fee is paid. Regulation 31 of the Immigration and Nationality (Fees) Regulations 2009 clearly says that if an application to be assessed under the Immigration Rules is not accompanied by the specified fee, the application is not validly made.

- Which is not applicable on our part. Since I, EEA national didnt declare that i am settled in UK. We I have applied correctly for a permit to which my partner is also entitled as the unmarried of an EEA citizen. The rules state that as a member of an EEA family, the ECO must issue a permit; this has not happened owing to what appears to be the ECO’s belief that our relationship is one of convenience.
_

*You are justifying your application on a completely* different *Regulation from that which was indicated by the ECO*. 

The ECO specifically _tells you_ that you are being held up to the standard of Regulation 12, yet you are showing justification for your application through Regulation 8. 

If the ECO was going to approve your application under Regulation 8, _you would have had to pay the USD 1400-$2000 like the rest of the Fiancé(e)/Spousal applicants_. Again, why should _you_ qualify for special treatment (i.e. get into the UK as a "same as married" EEA area couple and not have to pay the same fees/follow the same rules as the UK citizens who are trying to do the same thing) when the rules specifically say even though special provisions are given for fiancé(e)s of EEA Nationals, they must pay a fee and are subject to UK Immigration law. Again, I find your pretense to be extremely offensive.

Even if the ECO considered your application for "marriage like" relationship, you still haven't satisfied the ECO that your marriage is durable. While the two year stipulation is "just a rule of thumb," by your own admission and counting on the calendar, you've barely been together for _one year_. If you'd been together for 18-20 months, then I think that you'd have a good argument for appeal. However, even the most generous of appeals judges would have a hard time ruling in your favour as your case stands.

_4.)Under EUN2.18 Can I invite an applicant in for interview?

The ECO can invite an applicant in for interview as long as any delay or deferral can be justified. The ECO should consider inviting an applicant for interview in the following circumstances:

The ECO suspect is;
•	Strong grounds to suspect a marriage of convenience or relationship of convenience

- Which in our case we have received a call, sms or email to clarify some issues. Which we should have been entitled to that.

What are you trying to get at here? 

The interview is only granted if the ECO feels that your relationship is a sham. Based upon the evidence that you've provided to them and at your own insistence, it is not and as such an interview is not suitable and as such you'd be hard pressed to get one.

The calls/SMS etc for clarification are just that... to clarify some issues in your application. If the ECO was going to reject your application on the basis of their feeling that it's a sham, they would have indicated as much. They've only told you that they feel that you haven't been together long enough for their satisfaction.

5.) There are also other people that is similar to our case that they didnt have the 2 years cohabitation. like a couple who applied in Equador and i quote "My visa is in the mail as I write this. If anyone else is in a similar situation, don't give up hope. Two years cohabitation is not the be-all end-all of this visa. The language in the UKBA guidance even notes that ECOs must consider the overall picture, not only the recommended two years cohabitation. *Each case is different*, I have no idea how often EEA FPs are issued to couples who have less than the two years and don't mean to give anyone false hope, but clearly it is possible". 

Each case is indeed different, and as such, each response is different. While the couple in Ecuador has been granted a visa for their application, you have received a different response which is unfortunately not the one that you are wanting. While it is disappointing for you, just be glad that it didn't cost you hundreds of US dollars to get the response that you got. Just imagine if you were a UK National (a citizen of the UK) who spent the money to file the application and got refused. It's not the end of the world and you are still free to try again, in 6-9 months._


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## Jrge (Mar 22, 2011)

miltbrave said:


> We've got very bad news. It's devastating!
> 
> Just to give you an overview of our relationship. We are unmarried partner. I am a Greek National and my partner is Filipino citizen. *We met online on November 2010 and we first met on May 2011 on my vacation to the Philippines* And we started a business on August 2011 and we live together until present. That would give a total of 1 year and 6months that we are in a relationship.


First, I must say this is really bad and sad news. I was hoping for your partner to have received the EEA Family Permit by now. Nonetheless, please let's not allow emotions run the show.

ECO followed the guidelines, and I really wish you had written that sentence before. I've read all the post and nowhere it is mentioned. Had you done such of thing, we would have suggested to produce a legit Civil Partnership document. Remember when I said: "Normally, relationships lasting less than 2 years are put under the microscope."

What to do:
1) You can lodge an appeal, but I must warn you it will be a waste of your time.
2) You can also re-apply (application is free, I mean: free!) with a re-worded letter, but again your case (Unmarried partners with 1 year in a relationship) has a good chance of being rejected. 
3) Let's get serious and obtain the CP. 
4) Let's wait the necessary time.

Either way, we are here to help. 



WestCoastCanadianGirl said:


> Why should the British be forced follow any other law but their own?.....
> while you feel that, as an EEA National, you should be entitled to treatment by the UKBA according to European Community Law.....


In this particular case (Unmarried couple with less than 2 years in a relationship) ECO followed the guidelines as indicated on http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:158:0077:0123:EN:PDF *AND *Directive 2004/38/EC « freedom of movement in the EU....which entitles UKBA to use immigration regulations, instead of European regulations. 


Animo
(Cheers)

*MODERATOR: THIS THREAD SHOULD BE CLOSED!*


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