EEA FP - Application for PR/ILR

[elocin]

Dear Forum,

Your assistance would be wonderful with regards to my question.

I am a South African citizen, my unmarried durable partner is Belgian and is living here exercising his treaty rights. We have been in a durable relationship for 8 years now.

I have received two 6 month EEA FP's (03/08/10 - 03/02/11 and 22/02/11 - 22/08/11) after which I then received my residence documentation, which is valid from 21/09/2011 to the 21/09/2016. 5 years.

I have asked two solicitors and an immigration company if the first two EEA Family Permits count towards the 5 year period required before you can make an application for ILR/ PR, all of them said yes, so I just would like to make certain on this forum if that is the case, so I should then be able to submit my application in July/ August of next year?

Is that correct?

For the EEA4 application, is it a requirement to do the IELTS and living in the UK test? As I thought that was only for when you want to become a British citizen. Should I complete these tests now or before I do the application for nationalisation?

What documents are required for the EEA4 application, surely not 5 years of bank statements and payslips etc.? What is the most efficient way of consolidating all required information?

Thanks

[elocin]

your help would be really appreciated with regards to the above

[Hubba]

Dear Forum,

Your assistance would be wonderful with regards to my question.

I am a South African citizen, my unmarried durable partner is Belgian and is living here exercising his treaty rights. We have been in a durable relationship for 8 years now.

I have received two 6 month EEA FP's (03/08/10 - 03/02/11 and 22/02/11 - 22/08/11) after which I then received my residence documentation, which is valid from 21/09/2011 to the 21/09/2016. 5 years.

I have asked two solicitors and an immigration company if the first two EEA Family Permits count towards the 5 year period required before you can make an application for ILR/ PR, all of them said yes, so I just would like to make certain on this forum if that is the case, so I should then be able to submit my application in July/ August of next year?

Is that correct?

For the EEA4 application, is it a requirement to do the IELTS and living in the UK test? As I thought that was only for when you want to become a British citizen. Should I complete these tests now or before I do the application for nationalisation?

What documents are required for the EEA4 application, surely not 5 years of bank statements and payslips etc.? What is the most efficient way of consolidating all required information?

Thanks

Has your Belgian partner been exercising Treaty Rights uninterruptedly here in the UK since 08/10?

Have you been living uninterruptedly with your Belgian partner here in the UK since 08/10?

Can you confirm that you or your partner have not been absent from the UK for more than 180 consecutive days since 08/10?

If you have answered NO to any of the questions above, then the period covered by your FPs may not be valid for permanent residency purposes.

If you have answered YES to all questions above, then the period covered by your FPs would count for permanent residency purposes, meaning that you will achieve permanent residence on 08/15, as long as you have documents to prove the Treaty Rights exercise for your partner.

Regarding documents, yes, bank statements comprehending the entire 5 year period (you don't need to send all of them - I've sent 3 statements from each year) and payslips (those can be replace by P60 statements) are required. You should provide all required documents which show that your partner has exercised Treaty Rights here in the UK. You don't need to take the Life in the UK tests or any language test. These are only needed for naturalisation.

[sheraz7]

Before proceeding to application it will be sensible to get that idea be confirmed from the authorities that whether the period spent on EEA FP counts towards five years on the basis of unmarried partnership. This is because a lot of time the unmarried non-eu partner of EU national does not get right of work be confirmed in COA even having already the EEA family permit as he/she is not being considered the family member of eu national in the eyes of UKBA caseworker until the issuance of eea2 RC although logically he should be considered.

[elocin]

Hi Obie, Forum moderators,

Thank you for your reply and apologies for new post.

Partner has been exercising treaty rights since 2009 and we have been in the UK more than 180 days per year. So on one hand yes I can apply.

But on calling UKBA to make sure as per last post, I got one yes answer and one no answer? So hence the reason for the another question, I was hoping someone may be able to give me a clear answer.

I have also called an immigration specialist who says that the case worker only recognises the five years from the first date of the residence card, another solicitor said the two FP's count.... so can you see my confusion? Any assistance will be appreciated.

On another note what rights does an unmarried partner have on dissolution of relationship? What if there is a separation period where the two parties agree for some time out in order to salvage a relationship?

[Obie]

You can apply next year August.

Please not that EU law is complex for many solicitors, and some get very confused with its application in an individual case.

[elocin]

GREAT.... thank you Obie...

Seems UKBA is also confused....