Post
by Obie » Tue Oct 25, 2011 11:48 am
Due to the fact the discretion under regulation 17(4b) has been exercised in your favour, i suspect it is highly unlikely you will be refused a residence card under regulation 17(4b). You are now a family member under Regulations 7(3), and hence a residence card would be issued under regulation 17(1), if you are able to demonstrate that your relationship is one that is durable.
However you do have to demonstrate that you are in a Durable relationship as a matter of fact. Period of cohabitation is a requirement, but the requirement it should cover a period of 2 years is not strictly speaking correct. Provided you can show that you lived for a period of time, and you have joint commitment like mortgage or life insurance or joint savings, or a child together, that should carry a substantial weight in proving your relationship is one that can be described as durable.
To answer you question, yes you may be refused a Residence Card, the fact you have an EEA family permit, means they cannot refuse you if you meet the substantive criteria for durable partner, but they could still refuse you if they think you don't.
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