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I am about to submit my EEA4 application. I have read through all the instructions thoroughly and called the UKBA number where I was told my case was suitable to apply. However I am still unclear about my eligibility because of some of the cases I have read on this forum.

I know there has been a lot of discussion about permanent residence through a combination of part of the five years as unmarried partners status and now as a married couple. However, I wonder if someone can give me imput about my case.

My German husband (then boyfriend) and I arrived in the UK in 2006. He has worked here throughout the past five years, thus exercising his EU Treaty rights. We have lived together throughout the 5 years in the UK. Firstly as unmarried partners in a durable relationship and now as spouses as we got married this year. We have the documentation to prove this is the case.

I arrived in the UK on a Work Permit and switched in country onto a Tier 1 visa. I never needed to apply for a residence card in the past as I always had valid visas in my own right. I would have qualified for ILR on my own but I have decided to apply for EEA4 as I am now a spouse of an EU citizen. Because UKBA has not verified our status as unmarried partners in the past, is this going to be a problem? Or will my 5 years as a unmarried partner and now a spouse be fine as I was always in the UK legally, living with my partner and my partner has always been exercising EU Treaty rights?

Thanks very much for your help.

please provide the following to them

proof of co-residence/unmarried partnership with partner

UK regulations have specific criteria for extended family members, including unmarried and same sex partners. Once an extended family member has been issued with an EEA family permit, Residence Card or Residence Certificate, they are regarded under UK regulations as family members.

Under EU law, an unmarried relationship is called a ‘durable relationship’.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Thanks very much for your reply and for sending the link. I will certainly provide my proof of co-residence to UKBA.

You say that once the family permit, residence card or residence permit has been issued by UKBA that they are considered family members. However, I was not issued any of these documents because my time as an unmarried partner, I had my own visas (work permit and Tier 1), so I didn't need any of these EEA residence documents to legally enter or work in the UK. Will this be a problem? As we are married now, I am a family member currently.

http://www.immigrationboards.com/viewtopic.php?t=84381
http://www.immigrationboards.com/viewtopic.php?p=530414

It has now been a few months since the last message about my case as I made my application for EEA 4 to UKBA. I wanted to wait for the result first before posting again.

Two links were sent through with similar cases to mine and they were both quite negative. One stated that without previous documentation of relationship as an unmarried partnership that time could not be counted in permanent residency in combination with marriage.

Just to clarify, I have only ever been in the UK on a work permit and then Tier 1, so I've never had a residence card or family permit before. I lived with my husband as an unmarried partner for 5 years in the UK and just got married in June this year. My passport and supporting documents were returned to me today and my permanent residency was granted! It actually only took two and a half months, so quite quickly as well. I know every case is different but I just wanted to share my situation. Thanks.

sandiego, can you post a bit more about your application? What evidence of past residence and status did you submit? Did you put in a cover letter and what did it say?

I must say I'm impressed that you got PR, as IMO you didn't qualify for it! Well done

congratulation sandiego,, could u please let us know what sort of documents u provided with ur application to help other benefit from ur experience..

thx mate

For supporting documentation, I sent in proof that my husband was exercising his EU treaty rights with P60s, P45s, payslips, employment contracts for the past 5 years. I send in our marriage certificate as well as proof of co-habitation before marriage for the past 5 years with tenancy agreements (in both of our names), joint council tax statements and utility bills. In addition, I send my Home Office letters granting my two UK visas - work permit and Tier 1 (General) as proof that I was residing legally over the past 5 years. I also sent my P60s to verify that I was working throughout that time (just in case).

I did write an extensive covering letter explaining my situation. I wrote about how I qualify for permanent residency as the family member of an EU citizen, firstly as a unmarried partner and now as a spouse. I told them what documentation I was sending to prove this. I gave them the dates and details of each address we have lived at together over the past five years and stated the documents that supported this. I told them that my husband was exercising his EU teaty rights through employment throughout the past 5 years and I stated what documents I was sending to prove this. Basically, I explained everything in detail so it didn't leave them with any questions about why I should qualify.

I hope this helps. Please let me know if you have any other questions.

excellent-- i think the best thing is to write to them explaining everything..

well i did the same with my application although mine is different (retention right of residence - following divorce with DV)
but i explained everything that i could -- such why i submitted those docuements and why i couldnt submit others.. also explained to them why i believe that i have the right to stay permanently in the uk..

hope it will b fine for me as well..

thx mate for replying

Hello,
I was wondering if someone could help me. My boyfriend’s situation is similar to the original post of this but there are a few differences. Here is a summary of our situation (points 1 – 8 are all Tier 1 related to give you some background but from 9 onwards my questions are about applying for EEA2 and EEA4):

1. My boyfriend was granted a 5-year work permit on the 21st December 2006
2. In August last year, he decided to quit his job and open his own company so he applied for a Tier 1 (general) visa successfully
3. His Tier 1 visa expires in August 2012 but since he now (December 2011) has 5 years of continuous residency, he applied for the permanent residency using the SET(O) form in person today (in Croydon)
4. Although all the documents were fine, he was away from the country for more than 180 days during these 5 years (on business and paid holidays) and therefore he was told by the immigration officer that they could not make a decision today because ‘if the applicant has spent more than 180 days outside the UK during the five-year period preceding the filing of the application, regardless of whether this was for business or pleasure, the application will be referred to a senior caseworker for consideration on a discretionary basis and it could fall for refusal if the absences exceed 180 days.’ – see more info here http://www.kingsleynapley.co.uk/news/ne ... ember_2011
5. This means that he had to leave his passport at the Home Office and it might take weeks before they make a decision; they said they might potentially have an answer next week however we are going on holiday on Friday and cannot change the ticket – it’d actually be more expensive to change or lose both tickets than to lose the application fee
6. The Home Office gave him the option of collecting his passport tomorrow or Friday if he wanted but this would mean that the application is withdrawn if they haven’t made a decision by then
7. We spoke to a solicitor who said it is very unlikely that they will make a decision before the new year
8. So he will most likely collect his passport and withdraw the application tomorrow


So, here is our current plan:

9. I am a Portuguese citizen and have had a permanent resident card (EEA3) for 2 years now (I’ve lived here for 7.5 years)
10. We are considering the following:

o Applying for a EEA2 card for him next year since his current visa will expire in Aug 2012
o We have lived together for 4 years exactly (and have utility bills, rental agreement and mortgage agreement to prove it)
o In December 2012 it will have been 5 years since we are living together
o In December 2012 we’d then apply for a EEA4 card for him, on the basis that we will been living together in the UK for 5 years and we have both been working here all this time
o I will apply for a British citizenship next year – which I am already entitled to
o Once he has his permanent residency (EEA4 card) he can then apply for the British citizenship straightaway considering that he has been living in the UK for more than 3 years and will be married to me and I will be a British citizen (we are not married yet but can get married if needed)[/list]


This is all based on a lot of reading done on the internet today but I wanted to check if this is would a valid route for him to get his citizenship in more or less the same time it’d take if he had gotten his permanent residency today. We are also not very keen on paying more Home Office fees since we lost 1k with today’s application which will be withdrawn – thus the idea of trying the EEA cards which are free of charge.

Really appreciate if someone could help.

Many thanks and happy Christmas!