I have received these from other topic place.
Thx
Obie
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Joined: 21 Apr 2009
Posts: 824
Location: EU, Ireland
Posted: Wed Sep 02, 2009 11:42 pm Post subject:
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Your 5 years clock start ticking from the day you became a family member of an EEA national exercising a Treaty rights in the UK, and living with that partner in the UK.
As of now she qualifies, but i am not sure your qualify yet, if you both started living together since 2007. You would have to wait till about 2012.
Five year resident under EU law doesn't start when you came to the UK on a student visa, but when your became a family member of an EEA national exercising treaty rights in the UK and start living as a family unit with that individual in the country- in this case UK, that they are exercising treaty rights.
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maninuk
Newbie
Joined: 02 Sep 2009
Posts: 6
Posted: Thu Sep 03, 2009 11:50 am Post subject:
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Hi Obie,
but as I said HO people told me on the phone that I was entitle to apply PR now. It so confusing! That`s why I dont want send it and receive all my docs back due to Eligibility for PR.
Awaiting for any respond who actually gone throughb this.
Ta
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Obie
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Joined: 21 Apr 2009
Posts: 824
Location: EU, Ireland
Posted: Thu Sep 03, 2009 12:04 pm Post subject:
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Whoever said you can apply don't know what they are talking about. I am going on the face of the information you have provided, obviously.
However, you can apply and see, but i am pretty sure your application will be returned. End of the day it is free.
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maninuk
Newbie
Joined: 02 Sep 2009
Posts: 6
Posted: Thu Sep 03, 2009 8:15 pm Post subject:
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Hello Obie,
I`ve made a final phone call today and HO staff said that I could apply PR now. I just need to prove that I was in UK for a period of 5 yrs...
confused
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Obie
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Joined: 21 Apr 2009
Posts: 824
Location: EU, Ireland
Posted: Thu Sep 03, 2009 8:36 pm Post subject:
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Period in UK for 5 years under Directive 2004/38EC, not three under UK law(student) and 2 under EU law (Directive 2004/38EC), this is what i think they meant. However if you are granted, that will be great. Who knows, they might have changed things. Remember though that the people you speak to on the phone are mostly receptionist, with no idea on the planet about EU directive. They are not caseworkers that will be dealing with your application.
EEA4 Application Form Point 2 wrote:
To acquire the right to reside permanently in the UK, you
need to have resided here with your EEA or Swiss national
family member for a continuous period of 5 years in accordance
with the relevant EEA Regulations.
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Last edited by Obie on Thu Sep 03, 2009 8:49 pm; edited 1 time in total
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maninuk
Newbie
Joined: 02 Sep 2009
Posts: 6
Posted: Thu Sep 03, 2009 8:49 pm Post subject:
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Thats why Im still not sure and looking forward to get more answers from people inside the forum...
appreciate for your quick reply
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Mr Rusty
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Joined: 09 Nov 2007
Posts: 524
Posted: Fri Sep 04, 2009 6:49 am Post subject:
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I think the legislation is quite clear - this from the EEA (Immigration) Regulations 2006:-
"15.—(1) The following persons shall acquire the right to reside in the United Kingdom permanently—
(a) an EEA national who has resided in the United Kingdom in accordance with these Regulations for a continuous period of five years;
(b) a family member of an EEA national who is not himself an EEA national but who has resided in the United Kingdom with the EEA national in accordance with these Regulations for a continuous period of five years;"
The bit highlighted is significant, because it limits the qualifying period to residence under the EEA regulations, so that any other stay under the UK Immigration Rules can not count towards the 5 years.
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maninuk
Newbie
Joined: 02 Sep 2009
Posts: 6
Posted: Fri Sep 04, 2009 1:07 pm Post subject:
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Hi there,
Anyone else could advise about it please. Especially people who have gone though this already.
Thanks for your cooperation guys.
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Obie
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Joined: 21 Apr 2009
Posts: 824
Location: EU, Ireland
Posted: Fri Sep 04, 2009 2:12 pm Post subject:
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Perhaps, you should enter your query in this
http://www.immigrationboards.com/viewtopic.php?t=31498 thread and see what you get.
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