Document List For EU1A

[Sweet-Tangerine]

I am a 'Partner in a durable relationship' with the EU citizen, but I'm also confused/wondering if I should also check-off 'Member of household' - 'Where you a member of the EU citizen' s household in the country from which you have come'.

This is part 1.1 of the EU1A FORM - 'Basis of permitted family relationship of applicant to EU citizen'.

The situation..

We have been living together for four years, but the past year he was recovering from a serious injury that occurred on holiday in Asia - thus he was home in Hungary with his parents for one year. Before this holiday, we lived in Ireland together, and in the UK before that.

I stayed with them in Hungary in the same household for approx. 6 months out of the last 12 months. Basically, it was all out of our control. We would have continued staying in the same household if it wasn't due to this medical emergency. I went back to Ireland to work (on my holiday visa) as we needed the money, and I can't work in Hungary.

I'm nervous about applying and getting everything right. We don't want to be apart again. I'm Canadian. We're unmarried. Any input would be welcome here, thanks.

[Sweet-Tangerine]

To clarify, he's now returned to Ireland, and we live together. So now we're applying.

[Granista]

You wouldn't count as either. You haven't lived together for the 2 years prior to your application, so don't qualify as a de facto partner. And you aren't a member of his household as it wasn't his household, it was his parents.

[Obie]

There is no 2 years rule for Durable partner, and the Department of Justice has conceded that fact in a recently reported case. The court went as far as to say that, if the department wishes to impose such condition, it will have to do so legislatively. Having cleared that point i shall now go on to the other queries.

The membership of common household will not apply to you, usually applicable to relatives who are dependent on the EU national, who resides in a household for which the EU national has primary responsibility and ownership. Essentially living under the EU national's roof.

A durable relationship can be assessed with several factors taken into account. Length of a relationship is important but not determinative. The emotional and physical bonds between the parties. Any shared financial responsibility, future intention of the couple, are they known to the relatives of either parties in the relationship. Do they attend social events together, known to friends.

Essentially do they life together as a couple.

[Sweet-Tangerine]

Thanks for the response! I ended up emailing the EU Treaty Division, and they said exactly as you said, Obie.

It was my understanding that that it's not the same as the 'de facto' application if he was an Irish citizen. Even though we couldn't live together the entire time the past 2 years, we have much proof of having a durable relationship over the years involving finances, a ring, trips,both of our friends and family, etc.

[Sweet-Tangerine]

What is a 'Durable relationship' vs 'Defacto Partner'. Must I be showing proof of uninterrupted cohabitation for the past two years, as a defacto partner would? Or is more taken into consideration showing a durable partnership? There are reasons out of our control that we weren't living together for approx. 6 months out of the past year. Does this disqualify us? We've been together and sharing finances for four years, met each others families numerous times, taken many, many trips together, etc. We don't have excellent proofs of living together (other than right now) - even though we did - since we lived in many places, approx four different staff accommodations, different countries, towns, often without a lease. We were adventurous, moved a lot, and are just starting to somewhat settle down now. It mentions nothing of providing photos or messages between each other, but would this kind stuff be helpful? I have a ring, should I be mentioning that? It also states not to provide any documentation that isn't asked for.

Thanks for any of your input.

[ariadnelogy]

Hi there!

When I consulted with a solicitor she explained to me that the two year cohabitation is considered a "benchmark" and is not mandatory or a legal requirement.

However, in our case we have been together for almost four years and living together for a year and a half, so she told me that in order to get past the line I had to provide with enough documentation to evidence our relationship. Maybe this would apply in your case as well, as you're writing that you've been together for several years and lived together as well.

The important part is that you live together on a permanent basis i.e living together at the moment of the application. What they look for is basically a married couple, just minus the certificate.

If you weren't living together for a certain period (but were before that and are after that) just provide explanation. I wouldn't recommend at all to leave it open to interpretation. If one of you had to do a course or take care of a family member during this time, provide evidence of this. Sometimes the word "evidence" is a bit scary because you immediately think it has to be something super official. But it could be just as simple as a letter from a family member or photographs, as long as you account for that gap.

Hope this helps!

[Sweet-Tangerine]

I have a pretty simple question. I just want to make sure I get it right. For the document list, I'm guessing I write the number on each page? Example, my passport is 'document 1'. So,do I make sure I write '1' on the first page of my passport copy? And is the 'quantity' the number of pages in the document? Ex. 36 (since my passport has 36 pages). OR do I put the quantity as 1, meaning it's 1 single passport?

Thanks so much.