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Yes, you could apply as being in a durable relationship if you have proof of co-habitation / relationship even though not legally married yet.Is the time before marriage with your EU partner counts towards the 5 year time frame of permanent residence. Suppose you live together with your partner for 6 years and been married 4 years can you apply for permanent residence on the base of 6 years living together?
Yes, that's what it means. If someone has acquired PR then they are no longer subject to the requirement to exercise Treaty Rights. They are automatically a qualified person when they have PR.if my EU partner applies for permanent residence then does that mean that they don't have to exercise treaty rights ?
cutepearl wrote:I am just curious regarding the permanent residence permit according to the EU law.
Is the time before marriage with your EU partner counts towards the 5 year time frame of permanent residence. Suppose you live together with your partner for 6 years and been married 4 years can you apply for permanent residence on the base of 6 years living together?
Another question is if my EU partner applies for permanent residence then does that mean that they don't have to exercise treaty rights ?
Please do help if you can.. Thank you.
A few days ago I was reading a thread on this board which said that the OP had only been married for (maybe) 3 years, and now had a PR card. Similar situation.mcovet wrote:Unfortunately, the time before marriage does NOT count, so you'll have to wait another year. This is the exact answer I received last year from UKBA. They regard time prior to marriage as not counting because if you had applied to UKBA during that time, you would only be regarded a family member from the time they confirm it by issuing a RC, as opposed to getting married and automatically being a family member
nonspecifics wrote:Cutepearl , when you were co-habiting prior to marriage were you being sponsored by your partner then, in other words,had you applied for a residence card as an unmarried partner of an EEA national or what?
Or when did you apply for the residence card, before or after your marriage?
It was on the basis of the posts that Directive and 86ti refer to that I based my answer.
However, taking on board what mccovet says too, is it the case that the correct answer ( to the original question) is still YES, but with a proviso?
Time spent in co-habitation can be counted, but the time prior to marriage can only be counted if a residence card had been issued as an unmarried partner of an EEA national?
Then the start date of the PR clock would count from the date of application of the residence card as unmarried partner of EEA?
Directive/2004/38/EC wrote:A few days ago I was reading a thread on this board which said that the OP had only been married for (maybe) 3 years, and now had a PR card. Similar situation.mcovet wrote:Unfortunately, the time before marriage does NOT count, so you'll have to wait another year. This is the exact answer I received last year from UKBA. They regard time prior to marriage as not counting because if you had applied to UKBA during that time, you would only be regarded a family member from the time they confirm it by issuing a RC, as opposed to getting married and automatically being a family member
In what form was the exact answer you got from UKBA? If it is in written form, can you share with us the verbatim extracts?
See my post above.mcovet wrote:Can 86ti post link to the post where someone got PR having been married for 3 years?
sorry, my bad, just seen it!86ti wrote:See my post above.mcovet wrote:Can 86ti post link to the post where someone got PR having been married for 3 years?
No I was a student before so I was not dependant on my spouse. And we lived together since december 2006 and got married in 2008. But from the post that is mentioned here who successfully appealed that person was not dependant on their EU partner either?? That person was on a work visa so which I think was a limited leave to remain same as a student... I think I will write to the HO but don;t know which address shall I send the application to.. Any Idea?nonspecifics wrote:Cutepearl , when you were co-habiting prior to marriage were you being sponsored by your partner then, in other words,had you applied for a residence card as an unmarried partner of an EEA national or what?
Or when did you apply for the residence card, before or after your marriage?
It was on the basis of the posts that Directive and 86ti refer to that I based my answer.
However, taking on board what mccovet says too, is it the case that the correct answer ( to the original question) is still YES, but with a proviso?
Time spent in co-habitation can be counted, but the time prior to marriage can only be counted if a residence card had been issued as an unmarried partner of an EEA national?
Then the start date of the PR clock would count from the date of application of the residence card as unmarried partner of EEA?
Just write a complaint describing your question and the fact u couldnt get an answer to it. As regards rejection of ur eea4 app, it will only mean u r not eligible at that time and once u complete 5 yrs according to ukba, u can apply again. Nothing to worry about. I c u married in 2008, since it's 2 more years' wait for pr i would apply now and appeal if necessary, u r not losin anythcutepearl wrote:Does anyone know the contact email or postal address for European Case workers ?? Thanks
It is unclear who you want to contact for what reason. But generally there is only the public email and postal addresscutepearl wrote:Does anyone know the contact email or postal address for European Case workers ?? Thanks
cutepearl wrote:Does anyone know the contact email or postal address for European Case workers ?? Thanks
So what you are saying is that people who have applied before are right ? As they UKBA has their own interpretation but if they refuse the application and then it goes to appeal the judge would allow the appeal ?mcovet wrote:also, do NOT forget that it is THEIR interpretation of the law and they are likely to tell you that you're ineligible, so not much point in contacting them. You have 2 real life cases, one quoted by me (their position) and another a refusal to issue PR card which went to an appeal hearing but was successful simply because UKBA didn't attend.
Thus, the UKBA position is clear, so just apply and expect to appeal as well.
I just wanted to ask a couple of questions from them in writing regarding EEA3 and EEA4. Also regarding the time of marriage if it is counted Just in case if I get a yes from them in writing as some people were told yes on the phone.so I can use it later on.Directive/2004/38/EC wrote: It is unclear who you want to contact for what reason. But generally there is only the public email and postal address