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Please could you advise whether good character is met

2001 - non EU spouse arrived illegally
2007 - applied as extended family member of EU NATIONAL cousin - application refused

sept 2008 - met EU national spouse
jan 2009- living together with EU national
may 2011 - proxy marriage undertaken
aug 2011 - first son born
nov 2011 - eea2 app submitted - refused due to eu on maternity leave
april 2012 - eea2 resubmitted - granted 5 year RC
April 2017 - civil wedding ceremony in EU national's home country
AUG 2017 - EEA PR submitted - granted PR
2018 second son born

Good character will be looked at from Jan 2010 which was when non EU spouse was living together but not yet married so will this impact his good character. CAn he apply now or wait until ten years from date of proxy marriage or from civil wedding ceremony which took place in EU national's home country. EU national has been working since arrival in UK in 2006.

At least 10 years wait from april 2012.

Thanks Amber
So the living together period doesn’t count for anything?

Also the nov 2011 application appears to have been refused incorrectly. Ukba called the employer who stated she wasn’t returning to work after maternity when in fact she was so RC was granted after resubmitting the same documents in April 2012

Hello Amber - please could you explain whether the period of living together would count as the EU spouse was exercising treaty rights so technically they would have been durable partners at that stage. Would that count to help to legalise the ten year period (2010-2020)?

They’ll likely only accept it from when you were granted a residence card. You may have argument for prior, but citizenship doesn’t carry the right of appeal, so could prove costly only to be refused.

Ok thank you Amber for the clarification