Guys I really need some help once again. I got a reply from Solvit UK and they said that SOLVIT Germany have declined the case giving me this explanation.
Ihave now received a response from SOLVIT Germany, who have declined to take up the case as they have determined that you should not be entitled to apply for a residence card under Article 10 of the Directive 2004/38/EC because you do not satisfy the eligiblity requirement of Article 2 in order to benefit from the provisions of the Directive.
To explain, Article 2 defines the citizens who are entitled to benefit from the right to move and reside freely in Member States. Article 2(1) covers the right of an EU citizen, for example your partner. Article 2(b) covers the right of the partner of an EU national, the partner being defined as someone in a registered partnership or who is residing on the basis of the legislation of the host Member State if there is no registration requirement there, and so living in accordance with the conditions as laid down in the host Member State for the recognition of a partnership. The United Kingdom, which is the host Member State, requires proof of two years of living together, but also the partners must be lawfully present, legally residing in the UK.
From the information you have provided, you are not legally resident in the UK, you do not therefore appear to be eligible under Article 2(b) to be recognised as a partner, and you cannot therefore exercise any of the rights provided to those who are eligible under Article 2(b).
If you wish to discuss this matter further with SOLVIT Germany, However, I can only deal with matters which fall under the Directive, where another Member State provides me with evidence that your rights under the Directive are being breached, at this present time this is not yet established.
I appreciate that you will be disappointed by this response. You are welcome to contact SOLVIT Germany to clarify this decision.
Regards
If Solvit is saying i have no case then the what is HO doing just waiting to refuse it after a 13 months ???
Please advise i am loosing my grip here.
Regards
[/quote]