EEA Family Permit Application unmarried partner

Question

I am a Portuguese passport holding South African citizen. My Girlfriend and I(non-EEA/EU member) South African passport holder would like to apply for a EEA family permit.

We have been told that the both of us need to supply financials for our move over there to support our trip with enough funds for BOTH OF US. I am a little confused here as I cannot find anywhere that states my girlfriend and I need to provide proof of funds. I cannot find anything that states an EU national needs to provide funding for the move over to England.

We are both financially capable and do not depend on one another and will be traveling to England together as I am not there already. We have a letter of invitation from friends that live in England already stating that they will be looking after us yet we are still being asked to provide close on 3000 pounds of funding proof.

Now we already have all supporting documentation to prove our relationship and all guidelines laid out by the GOV.UK website but have been hindered by the funding as we only have 1900 pounds between the two of us.

Answer 1

You do not need proof of funds. You do not need a letter of invitation. You do not need anyone to look after you. You do not need proof of accommodation.

You need to prove only that:

1. You are an EU or Swiss citizen or a national of an EEA country. Your Portuguese passport does this.
2. Your relationship qualifies (the term of art is "durable relationship").

Proving the second element is more difficult. The guidance on extended family members says:

Evidence required for durable partners

A durable relationship is an unmarried partnership which has normally continued for 2 years or more. The evidence the applicant can provide may include:

• proof that any previous relationship has permanently broken down, for example a:
  • decree absolute for marriages
  • dissolution order for civil partnerships
• evidence of cohabitation for 2 years, for example:
  • bank statements or utility bills in joint names at the same address
  • rent agreements
  • mortgage payments
  • official correspondence which links them at the same address
• evidence of joint finances, joint business ventures and joint commitments, for example:
  • tax returns
  • business contracts
  • investments
• evidence of joint responsibility for children such as:
  • a birth certificate or custody agreement showing they are cohabiting and sharing responsibility for children
• photographs of the couple
• other evidence demonstrating their commitment and relationship

You must always consider the individual circumstances of the application. For example there may be instances when the couple have not been in a relationship for 2 years or more, but you are still satisfied that the relationship is subsisting and durable. This may be, for example, where the couple have a child together and a birth certificate showing shared parentage has been provided with evidence of living together.

You must refer to a senior caseworker if you doubt whether the level of evidence provided is enough to demonstrate a durable relationship exists. If the applicant has provided enough evidence and you are satisfied that the documents are genuine, you must consider whether the requirements of regulation 8 (extended family member) of the Immigration (European Economic Area) Regulations 2016 (the 2016 regulations) have been met before you go to stage 3.