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EEA4 Application Questions - Unmarried Partnership

Posted: Mon Jan 16, 2012 12:31 pm
by olkadot
Hi All,

Happy Monday!

I have a few questions regarding EEA4 application and was wondering if anyone could help to answer. I live in the UK permanently since Dec 2005. Dec 2005 – Feb 2008 – two full time student visas. In October 2007 me and my partner have completed and sent the EEA2 application form and in May 2008 I was granted the right for residency for 5 years (to exp in May 2013) – non EU EEA Family Member – unmarried partnership. Based on this, the questions are as follow:

1. Even though the visa is expiring in May 2013, can I apply for PR in October 2012 (that’s is when the application was submitted and accepted)? Are we considered by EEA law as “family” since the application date or the visa issue date?
2. After reading a lot of information regarding the EEA4, it does not look like the PR can be granted if the unmarried relationship ended. However, I was wondering if there are any options to apply for PR if this to happen? Based on the 8 years permanent residence/full time work, etc (not that I am planning to, but good to know the options :-)))
3. Can anyone advice a good immigration lawyer who can assist with the EEA4 application and the document list (for unmarried partners)? (“Good” is the keyword here, as the last time we went to a solicitor back in 2007, he seemed to have less information then we did and got very confused with a few “off track” questions)

Many thanks in advance.

Posted: Mon Jan 16, 2012 1:10 pm
by Obie
I strongly believe as an unmarried partner you residence under EEA regulations is counted from the dayvyou apply for a residence card, provided that application was successful, which was the situation in your case. I have come accross applications that succeeded on this basis.

However HO usually state the residence commence from date of issue of Residence card which i dont believe is correct in Law.

You certainly could put an application through .

Posted: Mon Jan 16, 2012 1:14 pm
by olkadot
Obie,

Thanks a lot for the speedy response. If you have any advice on the 2 and 3 points, would highly appreciate))

Thanks

Posted: Mon Jan 16, 2012 1:28 pm
by Obie
There are no provision for retention of rights for unmarried person, except in the event of death of the EEA national.

The second question is dependant on where in the UK you are residing.

Posted: Mon Jan 16, 2012 2:02 pm
by olkadot
Thank you.

Apologies for not specifying in the 1st post - London.