Durable Relationship – De Facto Partner – EU Treaty Rights

EU Treaty rights applications can be complicated applications and this type can fit into that category in our view.

The EC Directive 2004/38 & Free Movement of Persons Regulations 2015 provide for free movement and residence rights for EU citizens, but these can also be granted to family members of an EU citizen.

A permitted family member can include a partner in a Durable Relationship.

The applicant must be able to provide documentary evidence of the existence of the durable relationship.

The application form EUTR1A requires evidence of cohabitation for at least 2 years ie lease agreements / bills etc.

This can prove a steep hill to climb.

A Supreme court case of Pervaiz V Minister for Justice is of assistance for this issue.

Relationship duration was an important factor but was not always an essential one it was stated. The court directed that relationship duration is important but is not the essential factor.

An examination of the relationship not just the 2 year relationship timeframe must be assessed in essence. Cohabitation was a yardstick to examine a durable relationship by.  

The decision then confirmed the decision maker ie Minister does not apply a strict 2 year cohabitation requirement.

All of the relationship circumstances must be examined and assessed.

This is a welcome decision.

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