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eea4

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asher1979
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eea4

Post by asher1979 » Thu Nov 19, 2009 4:56 pm

Hi all,

I have a question, I gained my EEA residence card through durable relationship, we have been living together for last 6 years and I have applied for permanent residence card with my partner February 09 my partner was issued with his permanent residence card August 09 but not mine. I was told as am not a EEA national so it will take longer to consider by the home office...I did not care be cos we were happy together so it did not matter... but we had a huge fight last week and so I had to leave the house.I don't think we will get back together as he cheated on me in our bed. I am going to call the Home office later and let them know that we are seperated .. what will happened to me now as my case is still under consideration. ( pls note we have provided all the evidence of us living together for last 6 years)

Ben
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Re: eea4

Post by Ben » Thu Nov 19, 2009 7:28 pm

If you lived together in the UK for the last 6 six years, were in a durable relationship throughout and your partner was exercising a Treaty right - your Permanent Residence has already been acquired.

Worry not. A Permanent Residence Card cannot be refused to a person who holds the right of Permanent Residence.
I am no longer posting publicly on this website - PM me if needed.

asher1979
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Posts: 26
Joined: Thu Nov 19, 2009 4:50 pm

Re: eea4

Post by asher1979 » Thu Nov 19, 2009 8:22 pm

benifa wrote:If you lived together in the UK for the last 6 six years, were in a durable relationship throughout and your partner was exercising a Treaty right - your Permanent Residence has already been acquired.

Worry not. A Permanent Residence Card cannot be refused to a person who holds the right of Permanent Residence.

Thanks a lot.. 8)

asher1979
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Posts: 26
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Re: eea4

Post by asher1979 » Thu Nov 19, 2009 8:45 pm

benifa wrote:If you lived together in the UK for the last 6 six years, were in a durable relationship throughout and your partner was exercising a Treaty right - your Permanent Residence has already been acquired.

Worry not. A Permanent Residence Card cannot be refused to a person who holds the right of Permanent Residence.


I have another question I know your clock start when you marry rather then permit issued date, is it the same for durable relationship?. the reason I am asking this question is, I had a student visa till 2005. however we were living together since 2003 I was granted resident permit based on us living together in 2005( I was told it was treated under the UK law as unmarried partner) so it was not EEA permit first as EU law did not recognise durable relationship back then. I also got a letter from the home office saying that they will remove my time limit in the end of the two year period along with my visa in 2005, however when I applied in 2007, I was told the law had changed therefore I was issued with EEA resident permit which will expire 2012. so when I wrote to the home home office about this I got a reply from the home office in writing due change in European law, durable relationship is included in article 8 thefore I will be entitle to permanent residence in when my partner exercised his treaty rights for 5 years. so I am really confused what is my status is.. :-(

Ben
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Re: eea4

Post by Ben » Fri Nov 20, 2009 10:12 am

asher1979 wrote:we were living together since 2003
If you were living together since 2003, in a durable relationship, duly attested, and your EEA national partner was exercising a Treaty right from this time until at least 2008 - then you acquired the right of Permanent Residence in 2008 - on the fifth anniversary from when you began your relationship in 2003.

A person who holds the right of Permanent Residence cannot be denied a Permanent Residence Card by the UKBA.
I am no longer posting publicly on this website - PM me if needed.

asher1979
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Re: eea4

Post by asher1979 » Fri Nov 20, 2009 11:20 am

benifa wrote:
asher1979 wrote:we were living together since 2003
If you were living together since 2003, in a durable relationship, duly attested, and your EEA national partner was exercising a Treaty right from this time until at least 2008 - then you acquired the right of Permanent Residence in 2008 - on the fifth anniversary from when you began your relationship in 2003.

A person who holds the right of Permanent Residence cannot be denied a Permanent Residence Card by the UKBA.
Thanks again... I needed to hear that... :)

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