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Hi,I am now on RC which will expire in 2014,my question today is
: it write in the website that the non eea have to be with the eea member for 5 years then we he/she can apply for permanent permit. I have been with my partner since 2007 ,isn't this mean I could have apply for it long time ago?


Kind regard
Wanrawin

The criteria for PR under EU rules are that you have been in the UK for five years as the dependant partner of an EU national who has been exercising unbroken treaty rights or has, himself, acquired PR. Nothing in your post sufficiently indicates you might qualify in these circumstances.

Lucapooka wrote:The criteria for PR under EU rules are that you have been in the UK for five years as the dependant partner of an EU national who has been exercising unbroken treaty rights or has, himself, acquired PR. Nothing in your post sufficiently indicates you might qualify in these circumstances.

I have been in uk as a student with student visa from 2005 - 2008. Then in 2008 I sent the application to apply for RC . My partner is working full time . We move in together in 2007.

Are you married or unmarried.

How did you apply, as a married or unmarried partner.

Obie wrote:Are you married or unmarried.

How did you apply, as a married or unmarried partner.

Unmarried partner, 2 children age 5 and 3.

Well you are not strictly speaking a family member under Regulation 7(3) until a Residence Card is issued.

You coud argue that the Homeoffice should count from the time you made your application which was successful, which is 2008, and therefore you should be issued a Permanent Residence card.

This argument has been successful in some cases and failed in other. In any event i wish you al the best.

Obie wrote:Well you are not strictly speaking a family member under Regulation 7(3) until a Residence Card is issued.

You coud argue that the Homeoffice should count from the time you made your application which was successful, which is 2008, and therefore you should be issued a Permanent Residence card.

This argument has been successful in some cases and failed in other. In any event i wish you al the best.

Obie wrote:Well you are not strictly speaking a family member under Regulation 7(3) until a Residence Card is issued.

Thank you for the reply, although , I would like to ask ,is being mother of an eu citizen count me in as a family member apart from being unmarried partner with the eu citizen . Is it ok for me to travel with the children with the children within Europe without my partner?

Lucapooka wrote:The criteria for PR under EU rules are that you have been in the UK for five years as the dependant partner of an EU national who has been exercising unbroken treaty rights or has, himself, acquired PR. Nothing in your post sufficiently indicates you might qualify in these circumstances.

Does this mean that if an EU citizen aquired PR, one no longer must exercise his threaty rights in order for his non EU partner to get a RC? My husband told me that we would be able to apply for my PR before expiry of my RC as he had PR already when we married. Is that true?

Regulation 15(1A) provides an exclusion clause for family member who acquired rights of residence by virtue of Regulation 15A.

Therefore people who has Derivative Residence Card cannot qualify for Permanent Residence Card.

As i said before the UK's view is that Extended Family members have no rights under the EEA regulation to residence, they can only have such rights, if in all the circumstances, it seems appropriate to confer on them the same.

Until this right is conferred they have no accrued rights under the regulation.