Definition of ‘Durable Partner’

Under para 5 of Reg 8 of the EEA Regs 2016 it appears that a claimant can derive a Right to Reside as an extended family member of another EU person who has a right to reside if they are in a ‘durable relationship’ with that person “and is able to prove this to the decision maker”

Is anyone aware of any guidance or caselaw about what might constitute ‘proof’ of a durable relationship?

See also Reg 7(3) - a residence document is a prerequisite for extended family members.  See also the definition of “decision maker” in Reg 2.  In simple terms, this is a job for the Home Office, people administering other services like benefits and housing will just want to check that they haven’t subsequently split up.

It’s not really very important for benefit purposes because being a ‘durable partner’ does you no good on its own - you also need to have the family permit. So in practice if you have obtained the documents on the basis of being somebody’s durable partner, that ought to suffice.

Here is the Home Office guidance which suggests that two years of cohabitation is seen as the general rule: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/598763/EEA-family-permit-for-ECOs-v2_0EXT.pdf

There is a social security decision on durability - CIS/612/2008 - which goes into more depth because the judge in that case thought (though incorrectly as he later held in SS v SSWP [2011] UKUT 8 (AAC)) that the documents were not necessary. I am sure that you can find immigration tribunal decisions on it if so minded.