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I don't disagree with the quotes from the regulations. It all boils down to the definition of family member and when a person is considered as such.Aladin0987 wrote:*Permanent right of residence
This section has no associated Explanatory Memorandum
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; .
(c)a worker or self-employed person who has ceased activity; .
(d)the family member of a worker or self-employed person who has ceased activity; .
(e)a person who was the family member of a worker or self-employed person where— .
(i)the worker or self-employed person has died; .
(ii)the family member resided with him immediately before his death; and .
(iii)the worker or self-employed person had resided continuously in the United Kingdom for at least the two years immediately before his death or the death was the result of an accident at work or an occupational disease; .
(f)a person who— .
(i)has resided in the United Kingdom in accordance with these Regulations for a continuous period of five years; and .
(ii)was, at the end of that period, a family member who has retained the right of residence. .
(2) Once acquired, the right of permanent residence under this regulation shall be lost only through absence from the United Kingdom for a period exceeding two consecutive years.
(3) But this regulation is subject to regulation 19(3)(b).
: AND AS U CAN SEE THE FOLLOWING PARAGRAPH IS CONFIRMING THAT AS SOON AS THE FAMILLY MEMBER ENTERED THE UK HE OR SHE IS RESIDED IN THE UK WITH THE EEA NATIONAL IN ACCORDANCE WITH THESE REGULATION
* Initial right of residence
This section has no associated Explanatory Memorandum
13.—(1) An EEA national is entitled to reside in the United Kingdom for a period not exceeding three months beginning on the date on which he is admitted to the United Kingdom provided that he holds a valid national identity card or passport issued by an EEA State.
(2) A family member of an EEA national residing in the United Kingdom under paragraph (1) who is not himself an EEA national is entitled to reside in the United Kingdom provided that he holds a valid passport.
(3) But—
(a)this regulation is subject to regulation 19(3)(b); and .
(b)an EEA national or his family member who becomes an unreasonable burden on the social assistance system of the United Kingdom shall cease to have the right to reside under this regulation.
: BY THE WAY IF HOMO OFFICE KNEW THAT THEY COULD REFUSE HIM THEY WOULD REFUSE HIM 100 TIMES OVER, BUT AS THE TYPICAL BULLY ONCE THEY REALISE THEIR VICTIM IS STRUGGLING THEY LEAVE HIM AND GO TO THEIR NEXT VICTIM, THIS IS THE NATURE OF BULLY,THE BULLY REGIME OF THE UK ARE ONLEY STRONG WHEN THEY KNOW THEIR VICTIM IS WEEK
Married partner wrote: 7.—(1) Subject to paragraph (2), for the purposes of these Regulations the following persons shall be treated as the family members of another person—
(a)his spouse or his civil partner;
So in order for time as unmarried partner to be recognised as time under the regulations, the family member has to been issued with a residence document under the EEA regulations.unmarried partner wrote: (3) Subject to paragraph (4), a person who is an extended family member and has been issued with an EEA family permit, a registration certificate or a residence card shall be treated as the family member of the relevant EEA national for as long as he continues to satisfy the conditions in regulation 8(2), (3), (4) or (5) in relation to that EEA national and the permit, certificate or card has not ceased to be valid or been revoked.
OK, I got a refusal again, can you guys please talk about something else, thanks.Jambo wrote:I would be more than happy if you can prove me wrong. Any reference to the treaty that proves I'm wrong?Aladin0987 wrote:jambo u and homo office are both wrong according to the European Economic Area Treaty,
After 5 yrs of marriage providing all the treaty right and ect.Aladin0987 wrote:as u mentioned luck, that itsself decalring the barbarisem mentality which runs the homo office and the entire regime.
ok then let is put it this way jambo, when is the best time for him or any similar case to apply ?
thanks
Or 5 years after receiving RC as unmarried partner.spike_UK wrote:After 5 yrs of marriage providing all the treaty right and ect.Aladin0987 wrote:as u mentioned luck, that itsself decalring the barbarisem mentality which runs the homo office and the entire regime.
ok then let is put it this way jambo, when is the best time for him or any similar case to apply ?
thanks
I am not aware of Spike's difficulties but we will be married for 5 years on 30 Nov. - in 6 weeks. I personally don't envisage this being a stumbling block - besides the process taking up to 6 months - but, as you already said, there is no method to the UKBA's processing so let the results tell!anp wrote:Lets hope you won't have the same problems that spike_uk had, regarding 5 years marriage.
1. Get your local MP involved.Jules_80 wrote:Hi Guys,
I need a bit of help:
EEA3 & EEA4 sent on 31/03/12
Received by UKBA on 04/04/12
COA never received
Still awaiting PR....
Requested passports back via email on 05/10/12 - nothing received.
Phoned on 15/10/12 and been informed that applications has not been processed. Extremely unhelpful lady on the phone, could only tell be what she saw on the screen in front of her and nothing more.
Does any of you have a contact number that I can try or which route do I take to complain as it is coming up to 6 1/2 months wait for me and our applications are straight forward!
Fantastic Jules!Jules_80 wrote:Good news!
I phoned them again today and been informed that our application was processed and a package was sent to me on 15/10/12. This obviously happened after I phoned them on 15/10/12.
30mins later the postman knocked on my door with all our documents including the PR.
I will however still write a letter of complaint. It can only help them implementing better systems for the poor souls that needs to go through the same process.