how to retain eea rights

[mrrogh]

hi,
question-

how to retain eea rights if relationship terminated before 5 yr RC expire, between unmarried partners who is in a durable relationship???

thanks

[86ti]

I don't think that extended family members can retain rights.

[mrrogh]

that's what i thought..

[86ti]

For a different opinion see this thread.

[mrrogh]

.but for PR

on the eea 4 form it says:
As evidence of relationships:

for family relationships, marriage certificates, civil partnerships certifciate or birth certificate.

for unmarried partners, proof that you are in a durable relationship. Generally, this is proof that you have
been in a subsisting relationship for two years or more, such as joint bank or building society statements, joint
tenancy agreements, council tax bills or evidence that you are both paying utility bills at the property at which you
reside,

So does that mean if the eea national exercising treaty right for five years and continue to live for 5 years in the uk, then unmarried partners only just need to be in a relationship for two years or more during that 5 years after RC issued .

example- relationship continue for 3 years after RC issued, that would be 5 years. 2 before RC and 3 after

or am i an optimist.

[mega02]

86st and other Gurus pls help

My unmarried partner has been refused entry clearance in (South Africa)

1) Reasons are that she does not meet the criteria of EEA family having applied as an unmarried partner.

2) That we have no proof of actually living together in France or living together anywhere. (honestly she mistakenly omitted to include his evidence, "silly we")

3) That you were not living with your partner in an EEA country or any other country.

I am a UK citizen who was working in France for 1 year. My partner visited me in France for 1 month while expecting our son and my conttact came to an end so we left France together, she fle back to SA to deliver our son (now 8months and a British Citizen passport issued )and I followed her 8 weeks later via UK.

We have been together for over 2 years but only lived like husband and wife for 7 months of the time together, which includes 6 months continuously to Oct. 2010

I have prepared an appeal including the documents missed out on the original application.
I am aware of

SET5.11 What if there are compelling and compassionate circumstances?
Where there are compelling compassionate circumstances the following applications in respect of unmarried or same-gender relationships may be referred to NCC2 for consideration outside of the Rules:
where there are children, and/or
the relationship may be less than 2 years’ duration.

also: Rights children Chapter 8 ?

Please urgently assist with any infor you can.

Is it worth appealing or do a fresh application?

[mega02]

Here is the appeal letter

SUPPORTING LETTER FOR MY APPEALIn this submission I am providing you with new evidence for consideration and hopefully overturn your decision before reaching appeal.
• Evidence of my partner living accommodation in France
• Evidence of my partner`s work contract in France
• Evidence of us living together in South Africa (Affidavit-Lease)

1) You pointed out that there is no evidence to support our being together in France, please find enclosed our proof of accommodation in France. This is the address where partner lived and also where we stayed together during my time in France.

Your EU partner worked in France for 1 year until his contract came to an end in February 2010. As a UK citizen who was self employed in an EU state moving back UK, constitutes exercising EU treaty rights. Please find enclosed my partner`s 12 month contract in France including the termination letter mistakenly omitted in original application.

2)You pointed out that as an unmarried partner I do not qualify to apply via EEA, I disagree as I do qualify as “extendedâ€

[Obie]

I see two clear hurdle you will have to overcome in your case. The first is, the EEA regulations makes provisions in Regulation 9 for family members of UK national. It fails to make provision for OFM (article 3(2b) ) of the directive, who are describe in Regulations 8(5) as extended family members. This is clearly wrong, as there is no two tiers of community rights for Union Citizen. You either have a community rights under the treaty or you don't. You can't have a French National coming to UK to exercise treaty rights, having more rights under the treaty or secondary legislation than a British National who return to the UK, after exercising treaty rights. Both are in Exactly the same situation. Any form of reverse discrimination against these people as opposed to their immobile compatriots, is strictly forbidden.

Secondly, she did not reside with you in France, she spent only a month, and it does not seem she applied for a residence card whiles she was living with you. I know all of these are strictly speaking not required under the directive, but the UK imposes more conditions than required.

Your child is a British national, but is not currently leaving with you in the UK, he lives in South Africa, so i am not sure you can invoke rule 246, as she is not applying to come and see your child you have access to in the UK.

I believe you best chance is to appeal on the basis, that you have been deprived of the family life you enjoyed in France, which is not very much in the one year, depending on how much you can show. Any reasons, why it will be unrealistic to expect you to relocate to South Africa.


I wish you all the best.

[mega02]

Thanks for your help Obie

The main reason why my partner had to leave France is that she was 6 months pregnant hence we had no choice but to return home and give birth in a family home.

Also I went to join her in South Africa when our son was born that April 2010 to October 2010 when i returned to UK to secure a job in advance of my family joining me. (Family life did carry on though outside EU)

Is this applicable?
SET5.11 What if there are compelling and compassionate circumstances?
Where there are compelling compassionate circumstances the following applications in respect of unmarried or same-gender relationships may be referred to NCC2 for consideration outside of the Rules:
where there are children, and/or
the relationship may be less than 2 years’ duration.
Full supporting details should accompany such referrals.

Thank you in advance