Apply for EEA4 Durable relationship (2yrs)+marriage(3.5yrs)

[nmbd]

Dear Forum,

I am a non-EU national living together with my wife EU national since July 2004 and she was exercising the treaty since then. We got married on August 2006 and granted my EEA 2 on February 2007.

My question is, Can I apply for the EEA 4 NOW based on durable relationship 2 years and married 3.5 years?

By the way fantastic forum and keep up the good work.

Thanks

[vinny]

I would expect so.

[Obie]

Alright, i am a bit confused here.

I am under the impression, that durable relationship which is considered under the extended family members category cannot be considered as such, until the relationship has existed for a period of 2 years.

Once that 2 years has subsided, an extensive examination would have to be undertaken, and if in all the circumstance it seems appropriate, then a Resident Card will be issued, and it is after a Resident Card, or EEA family Permit or Registration Certificate is issued to these people, they will not be considered as a family member.

Therefore, given the procedure applied to these category of family members, which i don't agree with incidentally, i would have thought anytime the spent with the EEA national before these procedures are done, will not count towards Permanent resident.

(3) Subject to paragraph (4), a person who is an extended family member and has been issued
with an EEA family permit, a registration certificate or a residence card shall be treated as the
family member of the relevant EEA national for as long as he continues to satisfy the conditions in
regulation 8(2), (3), (4) or (5) in relation to that EEA national and the permit, certificate or card
has not ceased to be valid or been revoked.

[nmbd]

But EEA durable relationship does not mention a requirement for 2 years cohabitation.
As long as I have the paper proof of durable relationship, I would have cosidered as a Extennded family member prior to my marriage in august 2006.
Therefore, Those 2 years should count towards 5 years residency.

[Obie]

Regulation 8(5) of the above link states.

8(5) A person satisfies the condition in this paragraph if the person is the partner of an EEA
national (other than a civil partner) and can prove to the decision maker that he is in a durable
relationship with the EEA national.

Conditions for qualifying for a Residence Card as a non-EEA national who is in a durable relationship with an EEA national exercising Treaty rights in the U.K.
When deciding whether a partnership is durable for the purpose of an application under Regulation 8 (5) the following criteria should be applied:
•
The parties have been living together in a relationship akin to marriage which has subsisted for two years or more.
•
The parties intend to live together permanently.
•
The parties are not involved in a consanguineous relationship with one another, i.e. they are not blood relatives who would not be allowed to marry as it would constitute incest.
•
Any previous marriage (or similar relationship) by either partner has permanently broken down.
If these conditions are met then consideration can be given to issuing a Residence Card.
•
However, under no circumstances should a person be granted a Residence Card on the basis of a durable relationship if they are not lawfully resident in the United Kingdom at the time that the application is made.
Although a non-EEA national can be considered on the basis of Regulation 8 if they have provided proof that they are in a durable relationship we have discretion with regard to the issue of a Residence Card. We should not seek to exercise discretion in their favour in instances where the non-EEA national is not lawfully resident in the United Kingdom.
Any decision to refuse

Therefore you will not be considered as durable relationship family member until the above conditions are met.

I might be wrong, but it is logical to think the UKBA will not recognise you as an extended family member until after 2 years of durable relationship, and it is only after that two years, that your residency will be counted towards PR.

I think it is such a high bar, as there is a possibility that a relationship might not have subsist for a period of 2 years, but there might be child/children involved and a financial committment like mortgage, which makes such relationship durable.

I have added the link for the quote as requested.

[nmbd]

Could you please direct me the link of the second quote?

[Obie]

Please see above, quote added.

[bobbysatya4u]

Hi,
we applied for PR last month with 1yrs and 10 months cohab n 3 yrs 3 months marriage. Our applications was intially accepted and COA was issued after a week but then 2 weeks later HO sent a letter in my wife's name saying that she didn't register with WRS for first 6 months of her stay in the UK so we will have to withdraw our applications and reapply in May 2010.I would have thought that if there was any problem with cohab less then 2 years Ho would have refused my application immidately.now i am confused.Any ideas??many thanks

[nmbd]

thank you Obie

[Obie]

You welcome. Coming to think of it, the essence of the durable relationship requirements, is to ensure that the relationship is genuine and not one of convenience.

If you have proof that you have lived together before your marriage like joint bills, joint financial committment, a life insurance etc, and you subsequently got married, that will indicate a durable relationship, even if the durability of the relations prior to marriage was not attested.

You can apply, and i am sure you might succeed. In any case, you will have nothing to loose.

Give it a go and see what comes out of it.