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Treaty Rights before 3 months!!
Posted: Mon Jan 05, 2015 7:10 pm
by AnaPavlova30
I'm gonna apply for an EEA Family Permit(I'm a non visa national and I know I can just turn up at the airport and get a stamp but I dont wanna risk being refused entry), my partner will be moving to London with me to do an internship but he doesn't have any proof of that yet or in the worst scenario he'll try to find one once he's in london. My question is: how he can proof treaty rights if he's just moving to the UK??
Hope someone can help me!!
Thanks!!!
Re: Treaty Rights before 3 months!!
Posted: Mon Jan 05, 2015 7:24 pm
by 357mag
? in your other post you were a teir 4 student and your partner dutch. ?
Re: Treaty Rights before 3 months!!
Posted: Mon Jan 05, 2015 7:52 pm
by AnaPavlova30
German

. Yes, I'll have to go back to my country due to the situation with my college now and we're gonna apply for an eea family permit...he's in australia now and will be back in June.
Re: Treaty Rights before 3 months!!
Posted: Mon Jan 05, 2015 8:34 pm
by 357mag
Re: Treaty Rights before 3 months!!
Posted: Mon Jan 05, 2015 10:38 pm
by AnaPavlova30
Any help?? What could I use to prove his treaty rights if he's not in the Uk yet?
Re: Treaty Rights before 3 months!!
Posted: Mon Jan 05, 2015 11:25 pm
by 357mag
Your posts are too mixed up and confusing.
It might help if you say what your nationality is and what your partners is.
Re: Treaty Rights before 3 months!!
Posted: Tue Jan 06, 2015 12:15 am
by AnaPavlova30
I'm argentinian and he's german. I'm currently on a student visa but my college has lost their license so my visa will be curtailed to 60 days. He said he could come here so we could get marry and then I can go back to my home country without worrying about getting married elsewhere, but I was informed that it takes almost a month from the time you give notice of marriage to the date of the wedding and he can't spend a month here(he's currently working in australia). Our plan is to get married in Denmark in June when he's back and apply for an eea family permit but I dont know how I'm gonna prove he's exercising his treaty rights since he wont be in london yet by the time I apply for it.
Re: Treaty Rights before 3 months!!
Posted: Tue Jan 06, 2015 12:58 am
by vinny
AnaPavlova30 wrote:I'm argentinian and he's german.
Why did you initially
say that he was Dutch? Or is he Dutch and German? Or is this a different person?
AnaPavlova30 wrote:I dont know how I'm gonna prove he's exercising his treaty rights since he wont be in london yet by the time I apply for it.
There's
no such requirement.
Re: Treaty Rights before 3 months!!
Posted: Tue Jan 06, 2015 10:16 am
by 357mag
My view is you can not prove you are in a durable relationship with an EEA national who is in the UK so your application will fail.
Re: Treaty Rights before 3 months!!
Posted: Tue Jan 06, 2015 12:58 pm
by AnaPavlova30
He was born is Holland, his mother is dutch but he holds a german citizenship as he grew up there. Ok, I can understand I dont need to prove his treaty rights to apply for an eea family permit but what about a residence card? Our aim is to apply for it as soon as we arrive in London and he might not get a job so soon...even though is not mandatory for the european to prove his treaty rights before 3 months I think the ho use that as en excuse to refuse applications.
We're not applying for partnership..we're gonna get married so no need to prove we're in a durable relationshop.
Re: Treaty Rights before 3 months!!
Posted: Wed Jan 07, 2015 5:32 pm
by AnaPavlova30
Anyone??????
Re: Treaty Rights before 3 months!!
Posted: Wed Jan 07, 2015 9:03 pm
by chaoclive
AnaPavlova30 wrote:Anyone??????
If you get married, you will be able to apply for an EEA family permit on the basis of how being an EEA citizen wanting to move to the UK to exercise treaty rights. There is nothing special about this.
Of course, he will need to prove that he is exercising treaty rights when you want to apply for your residence card on form EEA2. This is a requirement. You won't be able to apply for the residence card on form EEA2 'as soon as [you] arrive in London'. He MUST be exercising treaty rights, e.g. working/self-employed/studying with CSI/self-sufficient with CSI.
Hope this helps a bit.
Re: Treaty Rights before 3 months!!
Posted: Wed Jan 07, 2015 9:39 pm
by AnaPavlova30
Thanks!!