Immigrationboards.com

Dear Sirs,

I am an Indian citizen 26 years old.
I have been in U.K last 4 years and few months I am living with my girlfriend last one year and 2 months, my girlfriend born in U.K but she holds a German citizenship as well. She was working before but due to her back problem she could not work we have got all proof of it. She has back problem since 7 years. She is getting DLA and ESA. I was student before and now my appeal is going on for PSW. So I am thinking to put up a file as an Unmarried Partner. We hall required documents but the duration of our relationship are not covering the 2 years period and I am not earning at the moment. So should I wait or what should I do? My appeal result can arrive any time and it will be negative. Please give me correct advice. Because there is a confusion about treaty rights of EEA. I am planning to apply on German citizenship not on British.

Please reply me with your favorable reply.

Thank you

Due to the fact that she was born in the UK, and has a British passport, her German nationality will not be considered, except if she has exercised treaty rights before in Germany, or she is prepared to revoke her British nationality, you will not qualify.

You will not qualify under the national rules, because you have not been a common law partner for 2 years yet.

In July 2012 they amended their definition of an EEA national to eliminate all British nationals who held dual nationality - whether they have worked here or not - thereby closing off the European route completely to those British and other EU passport holders who have never exercised Treaty rights in another EU Member State.

Family members of dual British/EEA can no longer enjoy residence rights under the Regulations (unless the British/EEA national has lived in another EEA State)


http://www.directimmigration.co.uk/dual ... r-eea-law/