- Canadian, moved to the UK in 09/2005 with my Italian/Canadian partner
- had proof of co-residence/unmarried partnership with partner since 05/2005
- was on a working holiday visa from 09/2005 - 09/2007
- received family member of EEA status via unmarried partnership in 11/2007
My refusal letter said:
So I guess it was in fact that my first two years on a working holiday visa didn't count - which I suspected but hoped wasn't true and researched forever without a satisfying answer, and called the HO EEA4 help line and they said I would be able to apply given that above info.You have applied for a Permanent Residence Card as a confirmation of a right of residence in the United Kingdom on the grounds that you are the unmarried partner of **********, an EEA national. However, unlike direct family members of EEA nationals, unmarried partners have no automatic right to reside under EU law. They will only have a right to reside once we have issued them with a residence card. Until then they are not regarded as living in accordance with the EEA regulations. Only after they have resided for a continuous period of 5 years in accordance with EEA regulations will they acquire permanent residence. However, although you have previously been issued with a Residence Card, this doesn not expire until ** November 2012. You will not have resided in accordance with the regulations therefore until ** November 2012 and cannot qualify until this date. Your application has therefore been refused.
Disappointing given how long it took to get all the materials together... but I'll just save them in tact until 2012 I guess!
![Sad :(](./images/smilies/icon_sad.gif)