Permanent Residence time before marriage together

[cutepearl]

Just called the HO and asked about the time before marriage count. I have been told that as long as I can prove that we have been living together before marriage then I can apply for PR. Although it is not legally required.

So lets hope that I will get something in writing from them as well. Gonna email them now..

[Directive/2004/38/EC]

Just called the HO and asked about the time before marriage count. I have been told that as long as I can prove that we have been living together before marriage then I can apply for PR. Although it is not legally required.

Any chance you can give us more-or-less their exact words?

[mcovet]

to be honest, there have been so many occasions when you get conflicting info from different caseworkers, so if I were you, I would try and get the name of the person you spoke to (and, ideally, ask to confirm this in writing) and ask them for permission to use it should you have any problems with the caseworker dealing with your application. And even then, a senior caseworker may say that the initial advice is wrong, bla bla bla and so I wouldn't get the hopes up until you get that confirmed in writing.

Just called the HO and asked about the time before marriage count. I have been told that as long as I can prove that we have been living together before marriage then I can apply for PR. Although it is not legally required.

So lets hope that I will get something in writing from them as well. Gonna email them now..

[cutepearl]

Just called the HO and asked about the time before marriage count. I have been told that as long as I can prove that we have been living together before marriage then I can apply for PR. Although it is not legally required.

Any chance you can give us more-or-less their exact words?

The exact words were " As long as you can prove your relationship by supporting documents such as living together and exercising treaty rights you can apply for permanent residence although there is no legal requirement for family members of European Nationals. "

[cutepearl]

to be honest, there have been so many occasions when you get conflicting info from different caseworkers, so if I were you, I would try and get the name of the person you spoke to (and, ideally, ask to confirm this in writing) and ask them for permission to use it should you have any problems with the caseworker dealing with your application. And even then, a senior caseworker may say that the initial advice is wrong, bla bla bla and so I wouldn't get the hopes up until you get that confirmed in writing.

I know what you mean that's why I just sent them an email to confirm. Don't know how long will it take them to reply to the email but lets hope it's something positive.

[mcovet]

just thought of another reason why pre-marriage unconfirmed relationship with an EEA national wouldn't count towards PR. Suppose you live together for 2 years, then get married and live 2 more years married (4 years total).

Suppose you get divorced, there is nowhere in a hundred years UKBA (and probably the courts, although with purposive interpretation no one knows...) would allow to retain the right to reside as the marriage should have lasted 3 years!

Therefore, durable relationship which is unconfirmed prior to marriage can count towards PR but not in order to retain the right of residence...sounds illogical! Therefore I feel that had the UKBA representative appeared and argued their point at the appeal of the case 86ti posted the link to, the UKBA had a big big chance of success.

I am keen to hear any news from OP, but following the reasoning above, about retaining the right of residence, I presume that the UKBA position is right.

[imraniqbal2010]

where in eu rules it says that if your eea national got PR status then EEA partner dont need to show treaty rights,
As in EEA4 application form it does not give that option it show employed,self employed,self sufficient or student only but does not say anything abt it?
thanks

[Jambo]

where in eu rules it says that if your eea national got PR status then EEA partner dont need to show treaty rights,
As in EEA4 application form it does not give that option it show employed,self employed,self sufficient or student only but does not say anything abt it?
thanks

You don't need to show treaty rights if your partner already got a confirmation from the HO that he has obtained PR status i.e. he made a EEA3 application.

From form EEA4 section 6:

If your EEA national family member has a document certifying permanent residence, please tick this box and go to section 7, otherwise please complete section 5 below.

If he just obtained the status automatically but never made an application to the HO, you will need to provide the evidence.

[imraniqbal2010]

where in eu rules it says that if your eea national got PR status then EEA partner dont need to show treaty rights,
As in EEA4 application form it does not give that option it show employed,self employed,self sufficient or student only but does not say anything abt it?
thanks

You don't need to show treaty rights if your partner already got a confirmation from the HO that he has obtained PR status i.e. he made a EEA3 application.

From form EEA4 section 6:

If your EEA national family member has a document certifying permanent residence, please tick this box and go to section 7, otherwise please complete section 5 below.

If he just obtained the status automatically but never made an application to the HO, you will need to provide the evidence.

Thanks very much ,Yea I just checked on the form what u advised.

[enny07]

Hi guys,

I have a twist to this situation, supposing like me, I applied as unmarried partner of an EEA citizen in 2007 but we've been living together since 2005 and have a baby born to us in 2006 and during the time of waiting for an answer we got married (2008) and submitted our marriage certificate to the Home Office and RC was issued in Jan 2009.

Could it not then be argued that the time spent together prior to the marriage be counted? Especially as the application was made as an unmarried partner and the fact that the marriage is just a confirmation of the durable relationship we already have going on. Besides when the RC was issued, there was no information given to us as unto what basis it was issued i.e as unmarried partner of an EEA or as a married partner?

[Directive/2004/38/EC]

You submitted in 2007 and only got a RC in 2009? When did you submit in 2007?

You have been living together since 2005. Based on what you have said and what others in this thread have done, I would be tempted, if I were in your situation, to submit an application for PR now and see how it goes.

[enny07]

You submitted in 2007 and only got a RC in 2009? When did you submit in 2007?

You have been living together since 2005. Based on what you have said and what others in this thread have done, I would be tempted, if I were in your situation, to submit an application for PR now and see how it goes.

Yes thats quite right, I submitted in June 2007 and I must confess to you it was a whole lot of headache and incompetence from the Home Office.

I am really considering doing that if not because of the confusion as to when the time starts ticking.

[Directive/2004/38/EC]

Yes thats quite right, I submitted in June 2007 and I must confess to you it was a whole lot of headache and incompetence from the Home Office.

I am really considering doing that if not because of the confusion as to when the time starts ticking.

You will find on http://eumovement.wordpress.com/eu-coun ... d-kingdom/ links to complaining to UKBA, as well as for asking for compensation. They should take 6 months absolute maximum.

http://www.immigrationboards.com/viewto ... mpensation is a thread about compensation

[cutepearl]

Just came to think of a question. My EEA spouse was away last year for 5 months and 10 days to finish studies back home. Will that be counted towards the 6 months allowed or the 1 year study allowed time ? We can prove it by showing the results and letters from college abroad ?? Thanks

[Directive/2004/38/EC]

My EEA spouse was away last year for 5 months and 10 days to finish studies back home. Will that be counted towards the 6 months allowed or the 1 year study allowed time ?

We can prove it by showing the results and letters from college abroad ??

Absence for under 6 months per year is fully OK. And a one-off for up to a year is also fully OK. I think you should be able to count it for either purpose. Is this an issue because you were also out of the UK for more than 20 days of holiday in the same year?

Results and proof of studying is important to have and keep. And, where possible, travel boarding passes or reservation records.

[cutepearl]

Yepp that is correct that we have been on holidays probably a few days over 20 days during that time...

By the way how long does it take the HO to reply to an Email enquiry? Cheers