PERMANENT RESIDENCE CARD EEA4.

[kenfree]

Hi :
I just want to ask a question regarding the time limit on eea4 applications.
I entered on a civil partnership on 9 th june 2008 with my german partner and I have a residence card valid until 1 st December 2013.
Due to this, my current employer only gave me a fixed term contract until the 30th November 2013. But it was agreed that my contract will become permanent when I will have permanent resident card in the UK (because I have a sustantive contract).
I have been collecting all this years all the relevant documentation between my partner and me. So, I am prepared to apply at any time next year.
My question is: When will it be the earliest date I could apply for my permanent residence card? Can it be before the 9th of June 2013 ?
I understand the HO can take a long time on this sort of applications, but I need to get my permanent residence card on time for the renewal of my contract.
Thank you for your help.
Chris.

[EUsmileWEallsmile]

But it was agreed that my contract will become permanent when I will have permanent resident card in the UK (because I have a sustantive contract)

That does not sound correct to me and it may be illegal. Would your employer treat a UK national this way?

[kenfree]

But it was agreed that my contract will become permanent when I will have permanent resident card in the UK (because I have a sustantive contract)

That does not sound correct to me and it may be illegal. Would your employer treat a UK national this way?

My employer is the NHS, and when I got the job , the HR department and myself had a discussion about this decision about my contract. So, they contacted the HO and they were advised that it up to their discretion to do this. Because my residence card is on the basis of my civil partnership. And they could not give me a permanent contract until I will obtain my permanent residence card next year.

[EUsmileWEallsmile]

Sorry for not fully understanding, but I believe that your civil partnership is treated in exactly the same way as a marriage (for the purposes of the directive and the transposing regulations). No doubt you will have a "marriage certificate" (or rather the equivalent thereof).

Please confirm.

[EUsmileWEallsmile]

My employer is the NHS..

Excellent, so you are employed by the state. You are entitled to the same employment rights as a UK national as long as your civil partner is exercising treaty rights in the UK. Ref articles 23 and 24 of the directive.

[EUsmileWEallsmile]

...
I entered on a civil partnership on 9 th june 2008 with my german partner and I have a residence card valid until 1 st December 2013...

You need to have lived in the UK in accordance with the 2006 regulations for a period of five years. In accordance with the regs means that you need to live with an EU family member (German, fine), who is exercising treaty rights (worker, student, self-sufficient).

[kenfree]

My employer is the NHS..

Excellent, so you are employed by the state. You are entitled to the same employment rights as a UK national as long as your civil partner is exercising treaty rights in the UK. Ref articles 23 and 24 of the directive.[/qu

It is very confusing this, because when I had this discussion with my employer, I phoned myself to the HO and they told me that NHS is right to give me only a fixed term contract because I have my residence card only on the basis of my civil partnership . And that it's up to nhs discretion.
So, Can I apply for PR from the 9th June 2013 ?

[EUsmileWEallsmile]

To answer the question as to when you qualify PR, I would need to know the following.

When did you enter the UK?
Did you do so before or after your partner?
What has your EU partner been doing in the UK?
Have they been exercising treaty rights for five years?
Frankly, other than living with the EU citizen for the requisite time, it doesn't really matter what you've been doing.

[EUsmileWEallsmile]

...It is very confusing this, because when I had this discussion with my employer, I phoned myself to the HO and they told me that NHS is right to give me only a fixed term contract because I have my residence card only on the basis of my civil partnership . And that it's up to nhs discretion.
...

Whilst I don't doubt that this is what you and the employer may have been told, it is utter nonsense. Please pursue this. Read the directive if you haven't already done so.

Can you confirm that you have the equivalent of a "marriage certificate"?

[kenfree]

...It is very confusing this, because when I had this discussion with my employer, I phoned myself to the HO and they told me that NHS is right to give me only a fixed term contract because I have my residence card only on the basis of my civil partnership . And that it's up to nhs discretion.
...

Whilst I don't doubt that this is what you and the employer may have been told, it is utter nonsense. Please pursue this. Read the directive if you haven't already done so.

Can you confirm that you have the equivalent of a "marriage certificate"?

Yes. I have a Civil Partnership Certificate, which also I showed my employer.

[EUsmileWEallsmile]

Yes. I have a Civil Partnership Certificate, which also I showed my employer.

Great. Your employer is not allowed to discriminate against you.

The circumstances of the EU national may be very important. Are they working perhaps?

[kenfree]

To answer the question as to when you qualify PR, I would need to know the following.

When did you enter the UK?
Did you do so before or after your partner?
What has your EU partner been doing in the UK?
Have they been exercising treaty rights for five years?
Frankly, other than living with the EU citizen for the requisite time, it doesn't really matter what you've been doing.

I came to the uk in SEptember 2004 , my partner came here in May 1993. My partner is a teacher all these years (since he arrived). He's got a house , which is where we both live in Norfolk.

[EUsmileWEallsmile]

Whist not wanting to delve into the personal lives of people...

It sounds like your partner may have already achieved PR (working for more than five years).

It may also be possible that you also have achieved PR (easier to prove with certificate, but if not you may be considered a durable partner if you lived together prior to civil partnership).

It does sound like your employer may be discriminating against you. This is not allowed and there are legal remedies.

[kenfree]

Whist not wanting to delve into the personal lives of people...

It sounds like your partner may have already achieved PR (working for more than five years).

It may also be possible that you also have achieved PR (easier to prove with certificate, but if not you may be considered a durable partner if you lived together prior to civil partnership).

It does sound like your employer may be discriminating against you. This is not allowed and there are legal remedies.

When I met my partner , I was an overstayer. I moved in with him six months before our civil partnership. So , I think I need to wait until next year to apply for my PR.

[EUsmileWEallsmile]

In your case, 9th June sounds to be the simplest.

You need to take the discrimination issue up with your employer.

[kenfree]

In your case, 9th June sounds to be the simplest.

You need to take the discrimination issue up with your employer.

Thank you very much for your help and support.