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I like to go with the letter of the law. EC/2004/38 says about permanent residency in article 16:dpap wrote:1. I applied for a residence permit in 2004 on the grounds of having lived with my unmarried partner for 3 years. Although my partner was given a residence permit, I was turned down, reason given they were not convinced we had lived for over 2 years in a relationship akin to marriage. My status at that tine was international student.
So there are only three requirements:2. Paragraph 1 shall apply also to family members who are not nationals of a Member State and
have legally resided with the Union citizen in the host Member State for a continuous period of
five years.
(my emphasis)Permanent right of residence
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;
I agree, someone has got to take a stand. But whether Dpap wants to be the "guinea pig" is maybe a different matter.Of course it may be difficult to convince the Home Office. But someone has to try, otherwise they will continue to cut our freedom wherever they like. I would however consult with SOLVIT first about the correct interpretation of the law, and maybe you should ask the European Commission whether they would support you if necessary. That could be very helpful.
The "in accordance with these Regulations" part of the UK regulations is a whole different ball game. As you can see, it is also a part of 15(1)(a) as well. It would be interesting to see with a petition to European Commission or atleast the SOLVIT to see whether one would be eligible for the PR with just 5 years of legal residence or whether some treaty right has to be exercised for the 5 years in order to qualify.John wrote:So there appears to be a difference between the two sets of legislation.