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[b] EEA Regulation 2006 Regulation 7 [b] 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has not ceased to be valid or been revoked.
8(5) A person satisfies the condition in this paragraph if the person is the partner of an EEA
national (other than a civil partner) and can prove to the decision maker that he is in a durable
relationship with the EEA national.
Therefore you will not be considered as durable relationship family member until the above conditions are met.[b] Resident Card Application[/b] wrote:
Conditions for qualifying for a Residence Card as a non-EEA national who is in a durable relationship with an EEA national exercising Treaty rights in the U.K.
When deciding whether a partnership is durable for the purpose of an application under Regulation 8 (5) the following criteria should be applied:
•
The parties have been living together in a relationship akin to marriage which has subsisted for two years or more.
•
The parties intend to live together permanently.
•
The parties are not involved in a consanguineous relationship with one another, i.e. they are not blood relatives who would not be allowed to marry as it would constitute incest.
•
Any previous marriage (or similar relationship) by either partner has permanently broken down.
If these conditions are met then consideration can be given to issuing a Residence Card.
•
However, under no circumstances should a person be granted a Residence Card on the basis of a durable relationship if they are not lawfully resident in the United Kingdom at the time that the application is made.
Although a non-EEA national can be considered on the basis of Regulation 8 if they have provided proof that they are in a durable relationship we have discretion with regard to the issue of a Residence Card. We should not seek to exercise discretion in their favour in instances where the non-EEA national is not lawfully resident in the United Kingdom.
Any decision to refuse