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For you, is that true? I suspect the answer is yes because two years ago you applied for an UPV on the basis of living together for two years. Is that right? You have been living together for at least four years?The non-EEA family member must have been residing in the United Kingdom in a subsisting relationship with the EEA national for four years in order to qualify for permanent residence.
liz1980 wrote:We have been living together for just over 4 years, since Feb 2002.
Yes, that is exactly what to do. Your partner should use form EEA3 and apply for a Permanent Residence sticker ... on the grounds that he has been exercising his treaty rights for at least four years .... and you should use form EEA4 .... as in the terms of the quote I posted earlier, you have been living as a couple with an EU citizen for at least four years.liz1980 wrote: I guess that we will can apply for the EEA3 (for him) and the EEA4 (for me). Can we submit these at the same time as my 2 years is running out soon.
liz1980 wrote: My partner is Portuguese, and has been settled in the UK for 7 years (although he just applied for e residence permit two years ago)
I am Australian and have been in the UK for just over 4 years.
The cynical answer to that is that whilst most applications involve paying a fee, and therefore IND has money to do the work, and usually provides a reasonable number of staff, with EEA applications they get no fee, and therefore there are not enough people allocated.Just wondering, why its taking this long.
Liz,liz1980 wrote:along with a letter from my EU partners employer proving he is currently excercising his treaty rights, and any documentation showing we are still living together, that she will issue me with a visa until his residency runs out.
(...)
She said that it did not have any record of my partners application for EEA3 on the system (even though it was sent in the same envelope as mine). And apparently my application was not for EEA4, even though that is the form I definately filled out.
She went on to further say that even if I had submitted an EEA4, that she would not have approved it, as even though I have been in the UK for over 4 years now (keeping in mind my application was received before the 4 year requirement changed to a 5 years), I was on a working holiday visa prior to my EEA2.
Hope this helps. But if I were you, I'd definitely seek professional advice to make sure all the "extensive examination of the personal circumstance" are met.5.2.2 Extended Family Member
In accordance with Regulation 7(3) extended family members are only to be treated as family members for the purposes of the EEA Regulations if they have been issued, as a matter of discretion, with an EEA family permit or a registration certificate or residence card. The EEA Regulations allow for an "extensive examination of the personal circumstance" of a person applying under these provisions. The following persons are extended family members:
• A person who is the partner of an EEA national who can show that he/she is in a "durable relationship" with the EEA national. When assessing whether a relationship is durable officers should satisfy themselves fully that the person meets the leave to enter requirements of an unmarried partner as set out in part 8 of the immigration rules.