eea4 5 year rule,or is it?

[Samelamin]

Hi guys

This forum has really helped me and countless others so everyone please keep up the good work

now for my question

My wife and I started living together in July 2010,
we got married dec 2011 and
my EEA2 permit was issued (after appeal) on Aug 2012

I actually started the eea2 appeal timeline topic and I am very glad to see it going strong

so my question is can I apply for eea4 on July 2015, seeing as my wife and I have officially been living together for 5 years?

I have seen multiple posts by people who have successfully applied for eea4 (via appeal) after living for 1.5 years together and married for another 3.5 years

What are your thoughts?

See this http://www.immigrationboards.com/eea-ro ... 48807.html

Ps during our first year of living together I had to move to London for 6 months for work while she was finishing her degree, she would eventually join me after. we did have to provide proof of travel and our continued relationship for the eea2 application so they should have that in hand, I dont think thats going to be an issue will it?

[sheraz7]

You will be eligible for PR in Dec 2016 because you were recognised as the family members of EU national in Dec 2011. Your previously spent period will only be counted if you received EEA family permit on the basis of such relationship.

[Samelamin]

Thanks for your reply Sheraz

but I dont understand how others with less time married have been successful with their appeal?

is it because they applied via the durable relationship route?

seems slightly unfair that that route is aimed to ensure the relationship is legit and not one of convenience so surly a marriage proves that?

[sheraz7]

Well in strictest sense the clock for securing PR usually starts once the non-EU national is recognized as family member of EU national. And yes some threads dating back 3-4 years confirm your claim where non-EU nationals got their PR with same circumstances like yours but on the other hand a lot threads also exist where non-EU nationals got refusal which may mean that exceptionally strong evidences relating to durable relationship may make the difference. But based on the present approach where the caseworker exercises rigorous examination over non-EU national's circumstances the chances of success will be extremely slim. Therefore, you can give a try which won't affect your future applications.