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Treaty Rights before 3 months!!

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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AnaPavlova30
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Posts: 11
Joined: Mon Dec 15, 2014 2:36 pm

Treaty Rights before 3 months!!

Post by AnaPavlova30 » Mon Jan 05, 2015 7:10 pm

I'm gonna apply for an EEA Family Permit(I'm a non visa national and I know I can just turn up at the airport and get a stamp but I dont wanna risk being refused entry), my partner will be moving to London with me to do an internship but he doesn't have any proof of that yet or in the worst scenario he'll try to find one once he's in london. My question is: how he can proof treaty rights if he's just moving to the UK??
Hope someone can help me!!
Thanks!!!

357mag
Member of Standing
Posts: 410
Joined: Sat Jun 22, 2013 9:56 pm
Location: Bulgaria
Bulgaria

Re: Treaty Rights before 3 months!!

Post by 357mag » Mon Jan 05, 2015 7:24 pm

? in your other post you were a teir 4 student and your partner dutch. ?
I am not a forum GURU, I am often wrong
Dont take any notice of anything I post, I'm getting old and havn't the foggiest what I'm talking about.

AnaPavlova30
Newly Registered
Posts: 11
Joined: Mon Dec 15, 2014 2:36 pm

Re: Treaty Rights before 3 months!!

Post by AnaPavlova30 » Mon Jan 05, 2015 7:52 pm

German :) . Yes, I'll have to go back to my country due to the situation with my college now and we're gonna apply for an eea family permit...he's in australia now and will be back in June.

357mag
Member of Standing
Posts: 410
Joined: Sat Jun 22, 2013 9:56 pm
Location: Bulgaria
Bulgaria

Re: Treaty Rights before 3 months!!

Post by 357mag » Mon Jan 05, 2015 8:34 pm

I am not a forum GURU, I am often wrong
Dont take any notice of anything I post, I'm getting old and havn't the foggiest what I'm talking about.

AnaPavlova30
Newly Registered
Posts: 11
Joined: Mon Dec 15, 2014 2:36 pm

Re: Treaty Rights before 3 months!!

Post by AnaPavlova30 » Mon Jan 05, 2015 10:38 pm

Any help?? What could I use to prove his treaty rights if he's not in the Uk yet?

357mag
Member of Standing
Posts: 410
Joined: Sat Jun 22, 2013 9:56 pm
Location: Bulgaria
Bulgaria

Re: Treaty Rights before 3 months!!

Post by 357mag » Mon Jan 05, 2015 11:25 pm

Your posts are too mixed up and confusing.
It might help if you say what your nationality is and what your partners is.
I am not a forum GURU, I am often wrong
Dont take any notice of anything I post, I'm getting old and havn't the foggiest what I'm talking about.

AnaPavlova30
Newly Registered
Posts: 11
Joined: Mon Dec 15, 2014 2:36 pm

Re: Treaty Rights before 3 months!!

Post by AnaPavlova30 » Tue Jan 06, 2015 12:15 am

I'm argentinian and he's german. I'm currently on a student visa but my college has lost their license so my visa will be curtailed to 60 days. He said he could come here so we could get marry and then I can go back to my home country without worrying about getting married elsewhere, but I was informed that it takes almost a month from the time you give notice of marriage to the date of the wedding and he can't spend a month here(he's currently working in australia). Our plan is to get married in Denmark in June when he's back and apply for an eea family permit but I dont know how I'm gonna prove he's exercising his treaty rights since he wont be in london yet by the time I apply for it.

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: Treaty Rights before 3 months!!

Post by vinny » Tue Jan 06, 2015 12:58 am

AnaPavlova30 wrote:I'm argentinian and he's german.
Why did you initially say that he was Dutch? Or is he Dutch and German? Or is this a different person?
AnaPavlova30 wrote:I dont know how I'm gonna prove he's exercising his treaty rights since he wont be in london yet by the time I apply for it.
There's no such requirement.
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357mag
Member of Standing
Posts: 410
Joined: Sat Jun 22, 2013 9:56 pm
Location: Bulgaria
Bulgaria

Re: Treaty Rights before 3 months!!

Post by 357mag » Tue Jan 06, 2015 10:16 am

My view is you can not prove you are in a durable relationship with an EEA national who is in the UK so your application will fail.
I am not a forum GURU, I am often wrong
Dont take any notice of anything I post, I'm getting old and havn't the foggiest what I'm talking about.

AnaPavlova30
Newly Registered
Posts: 11
Joined: Mon Dec 15, 2014 2:36 pm

Re: Treaty Rights before 3 months!!

Post by AnaPavlova30 » Tue Jan 06, 2015 12:58 pm

He was born is Holland, his mother is dutch but he holds a german citizenship as he grew up there. Ok, I can understand I dont need to prove his treaty rights to apply for an eea family permit but what about a residence card? Our aim is to apply for it as soon as we arrive in London and he might not get a job so soon...even though is not mandatory for the european to prove his treaty rights before 3 months I think the ho use that as en excuse to refuse applications.
We're not applying for partnership..we're gonna get married so no need to prove we're in a durable relationshop.

AnaPavlova30
Newly Registered
Posts: 11
Joined: Mon Dec 15, 2014 2:36 pm

Re: Treaty Rights before 3 months!!

Post by AnaPavlova30 » Wed Jan 07, 2015 5:32 pm

Anyone??????

chaoclive
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Joined: Wed Jul 24, 2013 7:49 pm
Ireland

Re: Treaty Rights before 3 months!!

Post by chaoclive » Wed Jan 07, 2015 9:03 pm

AnaPavlova30 wrote:Anyone??????
If you get married, you will be able to apply for an EEA family permit on the basis of how being an EEA citizen wanting to move to the UK to exercise treaty rights. There is nothing special about this.

Of course, he will need to prove that he is exercising treaty rights when you want to apply for your residence card on form EEA2. This is a requirement. You won't be able to apply for the residence card on form EEA2 'as soon as [you] arrive in London'. He MUST be exercising treaty rights, e.g. working/self-employed/studying with CSI/self-sufficient with CSI.

Hope this helps a bit.

AnaPavlova30
Newly Registered
Posts: 11
Joined: Mon Dec 15, 2014 2:36 pm

Re: Treaty Rights before 3 months!!

Post by AnaPavlova30 » Wed Jan 07, 2015 9:39 pm

Thanks!!

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