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5 years residence, does my 1.5 years as a student count???

Posted: Thu Aug 18, 2011 9:49 pm
by jam2011
hi guys, i just want to know if the 18 months as a student (before marrying my EEA wife) count when i apply for a PR?

Posted: Thu Aug 18, 2011 9:54 pm
by Lucapooka
It needs to be five years under EU rules.

Posted: Fri Aug 19, 2011 11:29 am
by Obezag
I am dealing with a similar situation. The consensus seems to be that the 1.5 years prior to your marriage will not count unless:

1. You were living with your wife for the 1.5 years before you were married
2. Your wife was exercising treaty rights during that time(working, self sufficient, etc.)
3. You registered were officially registered as her partner during this time.

I certainly have less experience with these issues than everyone else here. However, I don't believe the wording in the regulations is clear at all on this point so perhaps there is some chance of success, depending on the case worker you get.

See my thread: http://www.immigrationboards.com/viewtopic.php?t=84381

Posted: Fri Aug 19, 2011 11:38 am
by 86ti
Obezag wrote:However, I don't believe the wording in the regulations is clear at all on this point so perhaps there is some chance of success, depending on the case worker you get.
You better read 5.1.3 in Chapter 5 of the ECIS first.

Posted: Sat Aug 20, 2011 3:17 am
by jam2011
hi obezag,
yes i was living with my wife but i have a proof of cohabitation only for 8 months out of 1 and a half year, and yes my wife was exercising her treaty right.

Posted: Tue Aug 23, 2011 7:20 am
by 86ti