EEA4 based on 4 year marraige,5 years living together

[bluemoonrising]

Hi

This isnt really a question, but I am interested to see if others had any experience

Today I sent in my application for EEA4, i got married in December 2011, so next month it will be 4 years

However I have lived with my EEA wife since late 2010, so I am applying on the basis of 5 years continuous living

I saw that some forum members have had success while others didn't. for only £65 it was worth the gamble

If my wife and I did not get married we would be eligible for ee4, it feels a bit unfair to rewind the clock once we got married. That said I understand that the home office did not recognise me as a family member pre marriage but technically I was an extended family member since we were in a relationship and living together

Like I said, this isnt really a question. has anyone had sucess on this?


Some people on the form had, I just dont know how active they are

[Obie]

I think it is likely to fail.

An extended family member has not entitlement to a Residence Card or a Right of Residence , according to UK law, unless and until they have applied, and in her discretion, the Secretary of State has issued a residence card under Regulation 17(4) and 17(5). Once that is granted, they will be treated as a family member by virtue of Regulation 7(3) , and rights will start to accrue from there, for the purpose of regulation 15(1)(b).

Unless you had a Residence Card before your marriage, rights will start to accrue for the purpose of 15(1)(b) after your marriage.

As you marriage in December 2011, you will be entitled for PR in December 2016.

[bluemoonrising]

Thanks for your reply Obie. Really this forum is a life saver for us immigrants and their families!

That said, they are plenty of situations like mine. Granted they were refused but then appealed succefully. Here's one from 2010
http://www.immigrationboards.com/eea-ro ... 67107.html

There's a more recent one from November last year as well. If I can find it I will link it too.

This means if I can provide evidence that I have been living with my wife back then I could appeal succefully. Ofcourse this comes down to how the judge feels on the day!

[bluemoonrising]

from October last year

http://www.immigrationboards.com/eea-ro ... -1840.html

[ally007]

I think it is likely to fail.

An extended family member has not entitlement to a Residence Card or a Right of Residence , according to UK law, unless and until they have applied, and in her discretion, the Secretary of State has issued a residence card under Regulation 17(4) and 17(5). Once that is granted, they will be treated as a family member by virtue of Regulation 7(3) , and rights will start to accrue from there, for the purpose of regulation 15(1)(b).

Unless you had a Residence Card before your marriage, rights will start to accrue for the purpose of 15(1)(b) after your marriage.

As you marriage in December 2011, you will be entitled for PR in December 2016.

Hi obie, am really happy to get hold of you here because I think you understand all this more better. I applied for the PR on the 15th October with my eea wife who is the main applicant and myself as family member and have received the COA on the 12 of this month and haven't hear anything from HO again since then. in my recent research, most eea national get their pr within 5 working days. How long do u think such joined application normally take? I need to travel in January but now am not sure if the application will be back by then. Pls advice