EEA FP application - unlawfully in EU

[wet26]

I am applying for an EEA FP but am unlawfully in Spain so will be assessed under UK Immigration rules. I meet all the requirements except we have been living together for 17 months, not the required 2 years. My partner is a British citizen, and I have plenty of evidence to support our relationship.

Can the ECO exercise discretion in this regard, or is living together for two years absolutely mandatory?

I expect to be refused a permit under s295A of the Immigration rules.

Does anyone know of any cases where someone in a similar situation has been granted a permit?

Thank you

[Wanderer]

I am applying for an EEA FP but am unlawfully in Spain so will be assessed under UK Immigration rules. I meet all the requirements except we have been living together for 17 months, not the required 2 years. My partner is a British citizen, and I have plenty of evidence to support our relationship.

Can the ECO exercise discretion in this regard, or is living together for two years absolutely mandatory?

I expect to be refused a permit under s295A of the Immigration rules.

Does anyone know of any cases where someone in a similar situation has been granted a permit?

Thank you

Im my view wrt UPV or EEA FP for Extended Family Member they r assessed very stringently and the 24 month edict is set in stone. Sorry.

I know some have got it with a week or two short but not with eight months, so no chance really.

[wet26]

Yeah, that's what I think too.

I am an Australian national and entitled to enter the UK for a max of 6 months without entry clearance.

Given that I have overstayed in the EU for 17 months, what stance do you think the UK will take on giving me leave to enter on arrival? I've read the Immigration Act and Eu Immigration rules but can't find an answer...

cheers.