Unmarried partner of EU national - dependent for EEA2?

[achan892]

Me: NZ citizen, in UK as a student from Sept 2004-March 2009, then switched to a Tier 1 (Post-study work) visa, valid until March 2011.

Him: EU citizen, currently studying in UK, soon to be working in UK

Us: together for 3 years, living together in UK for 1.5 years.

We want to stay in the UK for another few years, so need to figure out the best way to extend my visa once it is close to expiry (a while away, I know, but trying to be prepared early - as the other option is to extend under Tier 1 (Highly skilled) which has the advantage of only requiring 4 years before ILR, but it's expensive).

It seems I'll be entitled to a Residence Card once we've been living together for 2 years. My understanding is that non-EU unmarried partners of EU nationals are considered under the 'extended' family members category. My question is whether unmarried partners are subject to the 'dependency' criterion that extended family members have to meet? (I am not dependent on my partner as I am working.) Is anyone able to clarify this for me? Will it be sufficient to demonstrate that we've been living together for 2 years (once we reach that milestone)?

The other question is how early I can apply for the Residence Card? I've read on here that some people have been waiting for a very long time for theirs to come through – which is awful! So what would happen if I applied earlier than 2 years but with evidence that we were going to continue living together (e.g., tenancy agreement taking us beyond the 2 year mark)?

Many thanks!

[Obie]

Under Regulation 8(5) of the EEA regulations, there is no requirement that you show evidence of dependancy.

You only need to show evidence of a durable relationship, which is evident from a 2 years or more cohabitation.

[achan892]

Thanks so much Obie, that's really helpful!! I did think that was the case, but my partner interpreted the text differently...