applying for EEA4 - timeframe

[rastica]

Hi there,

I've asked a similar question before but I need to triple check this before I make my application. I just found out that I may be eligable to submit my EEA4 application now - can someone confirm?

- Canadian, moved to the UK in 09/2005 with my Italian/Canadian partner
- have proof of co-residence/unmarried partnership with partner since 05/2005
- was on a working holiday visa from 09/2005 - 09/2007
- received family member of EEA status in 11/2007

Can I apply on EEA4 now because we have been together for 5 years? But is there a residency requirement for me to have been in the UK myself for 5 years in a visa category that 'counts'? (afaik, my working holiday visa doesn't count for much in terms of residency years).

Second question, bit unrelated - I travel a lot for work (short trips only of course), as does my partner. How soon can we get our passports back? Has anyone had experience calling Home Office to get it returned sooner than the application? It will affect both of our jobs if we can't have our passports back within a few weeks.

Thanks!

[rastica]

anybody have any ideas? I am basically wondering if there is a residency requirement for me/us to have been in the UK for five years before applying using EEA4 - or whether 5 years relationship and 2.5 in the UK with a 'valid' visa type is long enough (though its been near 5 years in the UK total).

Thanks

[Plum70]

As the EEA4 application is free you can apply with proof of cohabiting with your EU spouse for 5 years and see what comes back.

From my understanding of the EU Directive your residence clock under EU law began in Nov. 07 when the UKBA acknowledged you as the family member of a EU national by issuing you a RC. This is because unlike a non-EEA spouse who has automatic rights of residence upon marriage to an EU national, a non-EEA unmarried partner's rights of residence is not automatic until such a time when a RC is issued.

[rastica]

Thanks for the advice. Yes I would agree my residence clock started November 07 but is there a required number of years residence in the UK for the EEA4 (for me) or is it soley dependent on the five years of unmarried, cohabitating partnership?

I could just submit the application but as both my partner and I travel a lot for work, being without a passport will be a big deal and so we'd like to be sure before we apply - also because its a bit of a hassle to make the application anyway, if I'm not even eligible.

[atenolol]

Any update on this? Have you been granted PR?