EEA4 application dates

[sirparsnip]

Hi. I initially arrived to the UK on a student visa in June 2006 with my EU partner who has been continuously employed by the NHS. Subsequently, we applied for EEA1 and EEA2 RC and was granted them in February 2007. We were married in July 2009. My EEA2 RC expires in February 2012. My wife can apply for PR in June 2011. Can I apply for PR (EEA4) with her in June 2011 or do I need to wait until February 2012?

Thanks for any advice.

[86ti]

Since when have you been married? The requirements are obviously five years of continuous and lawful residence under EEA regulations for both of you. Dates on EEA style documentations are only dates of issue not starting dates of rights being exercised.

[sirparsnip]

Thanks. We were married in July 2009.

[kool145]

Since when have you been married? The requirements are obviously five years of continuous and lawful residence under EEA regulations for both of you. Dates on EEA style documentations are only dates of issue not starting dates of rights being exercised.

some1 told me u can apply 4 pr after 3years of marrid ????
now confused????
any help....

[86ti]

some1 told me u can apply 4 pr after 3years of marrid ????
now confused????

Well, you can listen to "someone" or take it straight from the law.

[Kitty]

Since when have you been married? The requirements are obviously five years of continuous and lawful residence under EEA regulations for both of you. Dates on EEA style documentations are only dates of issue not starting dates of rights being exercised.

The OP says he got a RC in 2007: my guess was that this was as an unmarried partner. If that is the case, then the date on which he can apply for PR will depend on how long he was living with his EEA partner before that.

For example, if the OP came to the UK in 2006 on a student visa, but was actually in a "relationship akin to marriage" with his EEA partner for some time before that, then has he in fact been in the UK "in accordance with the regulations" since 2006?

Questions for the OP:

When did you first start cohabiting with your EEA partner?
What is your partner's nationality?
On what basis did you get your RC in 2007?

[86ti]

The OP says he got a RC in 2007: my guess was that this was as an unmarried partner. If that is the case, then the date on which he can apply for PR will depend on how long he was living with his EEA partner before that.

For example, if the OP came to the UK in 2006 on a student visa, but was actually in a "relationship akin to marriage" with his EEA partner for some time before that, then has he in fact been in the UK "in accordance with the regulations" since 2006?

We had a similar discussion here recently. The question was whether the qualifying period started with the acknowledgement of the durable relationship through HO or if periods of cohabitation before that date could be counted towards PR as well (i.e. in hindsight it was obvious that the relationship was indeed a durable one). I think a court judgment was mentioned too but unfortunately I do not remember the outcome (or could find that thread).

[Kitty]

I think I've found the thread, 86ti:

http://immigrationboards.com/viewtopic.php?t=68425

That query was based on an applicant who wanted to date their 5 year qualifying period from the start of cohabitation (sort of confirming durability in retrospect, which I think was your point).

This situation is slightly different in that the OP seems to have got an RC before marriage. However, the thread does confirm that his rights as a "family member" (i.e. counting towards PR) do only start from the date of applicaiton for an RC.

So, to the OP, it appears that you will not qualify for PR until 2012.