Is this correct

[warren2015]

Thank you for your email on the 4th August.

As you are currently in the United Kingdom under the 2006 European Regulations, you will only be able to count the time that you have been living in the United Kingdom under these rules towards your qualifying period for permanent residence.

If you accrued any time in the United Kingdom previously under the Regular Immigration Rules, this time will now have been lost if you have switched from the Regular Immigration Rules to the European Rules when entered into a civil partnership.

If you were in the United Kingdom under the 2006 European Regulations prior to entering into a civil partnership, you may be able to use this time towards your qualifying period for permanent residence depending on your circumstances.

However, as we are unable to pre-assess any application, if you believe you are eligible to make a permanent residence application, you should submit the required evidence for the application for the case worker to consider.
You will need to supply evidence that your civil partner has continued to exercise his Treaty Rights throughout this period.

If you have only been in the United Kingdom under the 2006 European Regulations since 2011, from the information that you have provided in your email, it does not appear that you will have any other basis to stay in the United Kingdom under the 2006 European Regulations.

If you have any further queries in relation to a European application, you may wish to contact the European Enquiries Helpline on 0300 123 2253.

Yours sincerely,


I can't supply evidence my ex civil partner has continue to exercise his treaty rights!

[GMB]

As you are currently in the United Kingdom under the 2006 European Regulations, you will only be able to count the time that you have been living in the United Kingdom under these rules towards your qualifying period for permanent residence.

If you accrued any time in the United Kingdom previously under the Regular Immigration Rules, this time will now have been lost if you have switched from the Regular Immigration Rules to the European Rules when entered into a civil partnership.

This part appears to contradict what is stated in "Home Office Guidance – Long residence and private life – version 10.0" of 20 May 2013, which states on p.27:
"Time spent in the UK does not count as lawful residence under paragraph 276A of the Immigration Rules for:
- Third country nationals who have spent time in the UK as the spouse, civil partner or other family member of an European Union (EU), or an EEA national exercising their treaty rights to live in the UK but have not qualified for permanent residence.
- Former family members who have retained a right of residence.
During the time spent in the UK under the provisions of the EEA regulations, the individuals are not subject to immigration control, and would not be required to have leave to enter or leave to remain.
However, you must apply discretion and count time spent in the UK as lawful residence for family members of EU or EEA nationals exercising their treaty rights to reside in the UK, if they meet all the other requirements for long residence."

[Imshzd]

Thank you for your email on the 4th August.

As you are currently in the United Kingdom under the 2006 European Regulations, you will only be able to count the time that you have been living in the United Kingdom under these rules towards your qualifying period for permanent residence.

If you accrued any time in the United Kingdom previously under the Regular Immigration Rules, this time will now have been lost if you have switched from the Regular Immigration Rules to the European Rules when entered into a civil partnership.

If you were in the United Kingdom under the 2006 European Regulations prior to entering into a civil partnership, you may be able to use this time towards your qualifying period for permanent residence depending on your circumstances.

However, as we are unable to pre-assess any application, if you believe you are eligible to make a permanent residence application, you should submit the required evidence for the application for the case worker to consider.
You will need to supply evidence that your civil partner has continued to exercise his Treaty Rights throughout this period.

If you have only been in the United Kingdom under the 2006 European Regulations since 2011, from the information that you have provided in your email, it does not appear that you will have any other basis to stay in the United Kingdom under the 2006 European Regulations.

If you have any further queries in relation to a European application, you may wish to contact the European Enquiries Helpline on 0300 123 2253.

Yours sincerely,


I can't supply evidence my ex civil partner has continue to exercise his treaty rights!

You must have to show your ex partners,at least a year as a qualified person in the UK to secure at least ROR.