On EEA2 - What's the next application to stay permanently?

[Azu]

Hi, I hope someone will be able to enlighten me.

- I have a Residence Card as a Family Memember of and EEA Resident, obtained in Nov 2009. (expires in 2014).

- I have a son from our relationship (he has a Norwegian passport, but was born in UK), he will be starting primary school soon. (father is Norwegian).

- We have recently broken up and thought that I should apply for Indefinite Leave to Remain, so that I don't lose the right to stay here. But we are not sure if this is the correct path.

- My partner agrees that until I get a permanent status, he doesn't want to inform of our brake up, as he wants me and the child to be near.

- We were never married. Applied on the basis of unmarried couple. We were together for 10 years.

- My first visa for EEA2 was given at the end of 2007 (I lost the passport, and they made me apply again, hence i got the latest EEA2 visa in 2009)

What is the best option?

[Plum70]

With your husband's support, stay married (maybe get some joint counselling to make things work?) and after 5 years apply for PR.

[Azu]

With your husband's support, stay married (maybe get some joint counselling to make things work?) and after 5 years apply for PR.

We were never married, just had a long term relationship. So unmarried couple. We are already separated and he is already dating someone new after only 3 months of separation....

[Obie]

You may qualify for PR, but i believe UKBA might want to pick a fight that as an unmarried partner, your residence started again when you secured your new residence Card.

You will be unable to secure a retention of residence on the basis of your relationship or past relationship with this man.

Your child might qualify for British Citizenship if father has stayed in UK for 5 years or more, from your post it seems this is the case. This may strengthen your case also.

When your child start school he may qualify under Regulation 1612/68 as the child of a migrant worker.

I believe you may qualify, but you need to plan which direction you wish to take.

You will not qualify for ILR but maybe PR under community law or in case you are unsuccessful secure a right of residence under other provisions of community law.

[Azu]

You may qualify for PR, but i believe UKBA might want to pick a fight that as an unmarried partner, your residence started again when you secured your new residence Card.

You will be unable to secure a retention of residence on the basis of your relationship or past relationship with this man.

Your child might qualify for British Citizenship if father has stayed in UK for 5 years or more, from your post it seems this is the case. This may strengthen your case also.

When your child start school he may qualify under Regulation 1612/68 as the child of a migrant worker.

I believe you may qualify, but you need to plan which direction you wish to take.

You will not qualify for ILR but maybe PR under community law or in case you are unsuccessful secure a right of residence under other provisions of community law.

Dear Obie,

Thanks for your reply, it is appreciated. What is the rules of applying for PR if we decide to go that path. Ie. how many years of residence in UK I need to proof (or do they count since the date of the permit?).

I have lived here since 2006. Got first EEA2 in 2007, then again in 2009. My partner (now ex) lives and works here since 2005. I have also been working most of the time, when I was granted the visa and I have a secured job too in a financial company.

What is the name of the PR form? and what are the rules?

Thanks so much in advance.

[Punjab]

Azu once your partner completes his 5 yr residency period in-side the UK providing he was following all the treaty rights like he was on work and if not working he was having a CSI ( insurance ) or EHIC card issued out side the uk then he can apply for PR using eea3. ( your partner must be EU/EEA)

You as a non eu member is also eligible for PR providing you been with your partner for 5 yrs married or unmarried providing he was fulfiling the traty rights.

Lets say in my case… I married with my wife in dec 2006 and I appled for fmrs ( residence card valid for 1 yr) and in 2007 I appled for eea2 Residece card for 5 yrs till 2013. but since I have been with my wife from dec 2006 I can apply for PR in DEC 2011 even if my RC is valid till 2013. ( 5 yrs calculated 2006-2011) providing my wife was fulfiling her treaty rights.

You need to apply for PR using EEA4 forom and your partner if he wants use eea3.

ITS NOT COMPULSARY TO APPLY but its wise to apply.

http://www.bia.homeoffice.gov.uk/siteco ... s/eea/eea4

[Punjab]

ps your case is strong as you have a son here. also there is a rule of 3 yrs i belive Guru and other guys will help you in this..

[Obie]

Azu, i am not sure how the UKBA will deal with your application for PR, as they usually insist that Unmarried partner, should hold a residence permit for 5 years to qualify.

The other issue is you are not currently living with this chap as a durable partner, which is required for the duration of 5 years after your Residence Card is issued, to qualify.


You could fill in the EEA 4, but it may help if you have a legal expert to make submission on the other issues, such as the fact you have not held the new residence card for 5 years yet, and the fact that rights don't accrue for Durable partners.

The form to fill is EEA4.