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Settled status vs. Treaty rights

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Marriage | Unmarried Partners | Fiancé | Ancestry

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slay
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Joined: Thu Jan 26, 2012 5:07 pm

Settled status vs. Treaty rights

Post by slay » Mon Jan 30, 2012 11:38 pm

As an EEA citizen, do I qualify as settled or exercising treaty rights? My partner (Aussie working in the UK) is trying to apply for an unmarried partner visa.
Thanks

Greenie
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Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Tue Jan 31, 2012 8:30 am

whether you are exercising your treaty rights depends on what you are doing in the UK-e.g. Are you working/studying etc? Whether you are settled depends on how long you have been here exercising your treaty rights.

slay
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Posts: 4
Joined: Thu Jan 26, 2012 5:07 pm

Post by slay » Tue Jan 31, 2012 9:17 am

I have been working here since 97 and working for over 5 years. Will I have to apply for PR in order to qualify as 'settled'?

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Tue Jan 31, 2012 1:54 pm

PR is acquired automatically after 5 years of exercising treaty rights however you may find it useful to apply for confirmation that you have acquired PR for your partner's application.

Given that you are likely to have acquired PR, and are therefore 'settled' in the UK you and your partner can choose whether you want to go down the Immigration Rules route (currently settlement after two years -although this may change soon, evidentially more laborious, need to meet maintenance and accommodation requirements, more expensive in terms of application fees), or under the EEA Regs (application free, arguably less evidence needed although given that you are unmarried substantial evidence of your relationship and in particular evidence of cohabitation will be required - as it will be for the immigration rules route), no requirement to meet minimum maintenance and accommodation thresholds, but settlement takes 5 years.

Have a look in the EEA applications section of the forum for info on the EEA regs route. Look in this section for info on the immigration rules route.

How long have the two of you been together? How long have you been living together? What's your partners current immigration status?


See guidance for the immigration rules route

See guidance for the EEA regulations route

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