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5 years residence, does my 1.5 years as a student count???

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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jam2011
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Posts: 19
Joined: Sat Jan 08, 2011 5:59 pm

5 years residence, does my 1.5 years as a student count???

Post by jam2011 » Thu Aug 18, 2011 9:49 pm

hi guys, i just want to know if the 18 months as a student (before marrying my EEA wife) count when i apply for a PR?

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Thu Aug 18, 2011 9:54 pm

It needs to be five years under EU rules.

Obezag
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Joined: Tue Aug 16, 2011 6:39 pm

Post by Obezag » Fri Aug 19, 2011 11:29 am

I am dealing with a similar situation. The consensus seems to be that the 1.5 years prior to your marriage will not count unless:

1. You were living with your wife for the 1.5 years before you were married
2. Your wife was exercising treaty rights during that time(working, self sufficient, etc.)
3. You registered were officially registered as her partner during this time.

I certainly have less experience with these issues than everyone else here. However, I don't believe the wording in the regulations is clear at all on this point so perhaps there is some chance of success, depending on the case worker you get.

See my thread: http://www.immigrationboards.com/viewtopic.php?t=84381

86ti
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Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Fri Aug 19, 2011 11:38 am

Obezag wrote:However, I don't believe the wording in the regulations is clear at all on this point so perhaps there is some chance of success, depending on the case worker you get.
You better read 5.1.3 in Chapter 5 of the ECIS first.

jam2011
Newly Registered
Posts: 19
Joined: Sat Jan 08, 2011 5:59 pm

Post by jam2011 » Sat Aug 20, 2011 3:17 am

hi obezag,
yes i was living with my wife but i have a proof of cohabitation only for 8 months out of 1 and a half year, and yes my wife was exercising her treaty right.

86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Tue Aug 23, 2011 7:20 am


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