EEC1 to EEA2 (relationship breakdown after 9 years) to ILR?

[citygirl]

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[Obie]

I am a bit confused here. He is you ex- fiance , he proposed to you in 2005 and you agreed, and now in 2011 you are asking if you can secure retained rights as you are not married.

How did you secure your Residence Document (first) and Resident Card (Later), was it as a durable partner or as a spouse of an EU citizen or both.

It seems like you have resided together for 5 year, if my counting is correct, and therefore you may qualify for PR, if you can show he exercised treaty rights for 5 years in the UK in any capacity.

How much documents of his activities have you got, and is he prepared to support an application.

10 years is an option, but you will also need to show he was exercising treaty rights and living as a couple over this period for your residence to be considered lawful for the purpose of Long residence.

I will transfer this thread to the EEA route application, where better help will be provided.

[citygirl]

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[Directive/2004/38/EC]

You need to focus your posts on clearly stated facts which are relevant. Or cluster the colourful story to a self contained paragraph. Otherwise it is too much work for my eyes to find the relevant facts.

Your EEC1 application resulted in a sticker in your passport valid from May 06 - May 08, if I understand correctly. What text on the sticker say exactly?

Was he in any way employed or self employed during the period Sept 08 to Feb/Mar 2010 when he left the UK? Did he have a Ltd company for instance?

Good works and charity and donations to the Conservative Party and .... unfortunately do not benefit you with respect to UKBA applications.

[citygirl]

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[Directive/2004/38/EC]

He quit his job in Sep 2008. But he had been working continuously for at least 5 years before that. I believe, but may be corrected, that he has PR in the UK.

Once he has PR, then he looses it only if he has been out of the UK for two consecutive years. So it does not sound like he has lost it.

So he continues to have PR in the UK, even today, if he has visited within the last two years.

The problem is that you have not been living together. This would not be much of a problem if you were married, but I am not sure of the implications if you have a common-law relationship.

[citygirl]

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[Directive/2004/38/EC]

PR is something that just happens to EU citizens and their family. You only apply for something which confirms the already existing PR.

He likely has PR from the combination of his studying and working, though I am not sure exactly how that worked pre 2006.

[citygirl]

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[Directive/2004/38/EC]

Ok, I will check with him and let you know if he has PR.

I'm a bit confused. For the purpose of my 10 years lawful residence do I still need to prove that he was exercising treaty rights for the period that we were not living together if he has PR and hasn't been out of the UK for 2 consecutive years?

He likely will not even know. Remember it likely happened autmatically in the middle of the night while he was sleeping!

Once you establish whether he has PR, then his continual physical presence from the date it happened to him may or may not be imporant. If you were married, then it would not be important. Since you are not married it may or may not be - I am not sure.

[Jambo]

When did he move to the UK? How long has he been a student before 2005?

Although under the old rules, a EEA student did not qualify for PR. Under the 2006 regulations, the HO does count the student years (even before 2006) for PR. So if he has been a student for 2 year + work for 3 years, he has acquired PR status automatically in 2008 (and even earlier, depending on when he arrive to the UK and what he did).

If he has a PR, then once you have completed 5 residence years in the UK under EEA regulations, you have obtained PR too. Now when the exact 5 years start and end and whether you are in still considered "family members" is all a bit of grey area.

If he has a PR and is willing to support your application, I would try and apply for a PR confirmation for yourself (EEA4) under EEA regulations.

[Obie]

You may qualify for PR, but my main concern is whether or not your partner had a CSI during his student days. It was not an issue back then, but for the purpose of PR, it is now. The other issue is the fact that you are not in a durable relationship at this present time. Also , would he be prepared to support your applicaton with his passport or I D.
Also are you able to assemble dicument of his treaty rights and cohabitation over this 5 years.

[citygirl]

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[Jambo]

Does my EEC1 visa still count for me as being under European Law?

Yes.

I did look at the EEA4 route but Question: don't they require the couple to be in a durable relationship before making the application?

Yes. Although as I said with unmarried relationships it a bit of a grey area. If you were married, then even if separated, until divorced is finalised, you are married. Don't know what would be the equivalent for unmarried relationships.

So from today's discussions - are you saying that I have enough record already to automatically qualify for PR? In this case, I'm eligible for ILR 10 years application?

You keep on asking about 10 years ILR but you best bet would be PR under EEA regulations.In your case, If you haven't satisfied the requirements for PR under EEA regulations, you most likely won't meet the 10 years ILR requirements.

[citygirl]

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[Directive/2004/38/EC]

EEA4 application is only for couples who are still together and living together, please correct me if I'm wrong.

You are wrong. EEA5 is also used by divorced former partners of EEA citizens who meet the requirements for "retaining their rights".

[citygirl]

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[citygirl]

Any ideas please? There's really not much information anywhere about rights of unmarried couples splitting up, especially a long unmarried relationship and years of cohabitation...
Thank you in advance for any inputs here!

[Jambo]

Hi Jambo, I am not trying to apply PR under EEA regulation because currently I want to break up with him/dissociate my visa status from him. EEA4 application is only for couples who are still together and living together, please correct me if I'm wrong.

The facts are:

1. We have been living together from May 2003 to Feb 2010. Evidence available throughout.

2. I came under EEA regulation from May 2006.

3. We stopped living together from Mar 2010. We became long distance since and he has been visiting me frequently.

4. Now I no longer see a future for us, due to personal reasons I have provided in my previous posts. Therefore I am taking step to end our 9 year relationship, which was once durable, or akin to marriage.

This is why I am wondering if I can apply under the ILR 10 year rule. I came to the UK in Aug 2001.

My concern is satisfying the 10 year lawful residence I read from page 13, 2.3.8 in Long_Residence_IDI-_final_d1.pdf

For the period Mar 2010 to Aug 2011 he moved back home, we were in long distance relationship and not living together during that time. He visited me once every month or two, 7-14 days each time.

So one can argue he was not exercising his treaty rights for me to remain in the UK lawfully because he was not in the country. But then I read there are options for Europeans to satify exercising treaty rights, such as being self-sufficient with private medical insurance. My question is would this still count even though he was not living here with me?[/u]

Does this make sense or am I digging for bones in an egg? I just want to be very clear myself before doing anything because if I make this application I have to fork out £7k including lawyer fee. So I need to be pretty certain.

Again thanks for all your inputs!

I understand your wish to dissociate from him however no matter which route you choose, a large part of your immigration history is based on his activities.

Looking at your timelines:

August 2001 - now is over 10 years so should be able to apply under 10 years rule however -
March 2006 - now (>5.5 years) you are under EEA regulations.

If your residence under EEA regulation is lawful, then it is over 5 years and you have obtained PR automatically. If this period is not lawful, then it will not be lawful for a 10 years application also.

I don't know enough about durable relationship breakups and its affect on your legal status but I believe you can't apply for retention of rights the same way marriage couple can.

To be able to reside under EEA regulations you need to be in a relationship to a EEA national exercising treaty rights / holding a PR status.

It seems that you (ex-)partner has acquired PR status in 2007 or 2008 so although he was away from the UK from March 2010 - August 2011, he did not lose his PR status so that part is covered.

The main issue here is when and if a durable relationship ends and it affects on your immigration status. For married couples it is easy to determine but not in common law relationships.

If your relationship was still durable in May 2011 (5 years after you came under EEA regulations), I would claim you have acquired PR automatically and for that the easiest way to move forward is to apply using EEA4 for the PR confirmation. Once the PR confirmation is granted, you are free from your EEA sponsor and could stay in the UK on your own merits.

[Obie]

Any ideas please? There's really not much information anywhere about rights of unmarried couples splitting up, especially a long unmarried relationship and years of cohabitation...
Thank you in advance for any inputs here!

I believe a Permanent Residency application under EU law should succeed,
the reason why i said so is because you were in a durable relationship with you EU partner for several years, something which was recognised by the UK authorities when they issued you with residency rights. They also issued another one after that. Under the old rules you would have qualified for ILR after 4 years in this relationship. Then came the EEA regulation 2006, which by virtue of regulation 7(3) confer on you the right of a family member, as you held an EU residency documents, when the regulation came into effect. You then continued in this relationship for a period totaling over 5 years.

In my view you should qualify for PR. They might want to act funny, but i believe your case would have good merit if it went to tribunal.

You could go for the Long residency, but they will ask for the same documents as they will if you applied for PR under EU law, as they will need to establish you have resided lawfully, inspite of the valid residency document, and there is a charge for this application too as opposed to the other one.