Unmarried Partner EEA 2 - EEA4

[Chinapost]

Hello everyone,
I am first time on this forum and have some questions regarding to unmarried partner of EEA nationals.
My partner and my situation are:
1. I, Chinese nationality, have been in the UK for more than 6 years. The first 5 years was student. Since 2006.06, I have been on EEA 2. And I am working with sufficient fund.
2. My boyfriend, Danish, came to the UK on August 2003, has been working since then and is going to continue work in the UK for the foreseeable future.
3. We met each other Dec 2003 and fell in love. We have been living together akin to marriage for 3.5 years up to now. We are financially sufficient and want to live together forever.
My questions are:
1) I am on EEA 2 route, if it is possible for me to transfer to SET(M) route when my boyfriend has his Permanent Residence on August 2008 (5 years after he exercises his treaty rights)?

The SET(M) states that “application for unmarried partner of a person present and settled in the UKâ€

[Docterror]

Using your own numbering to answer-

1) After 5 years of exercising treaty rights in Aug 2008, your partner will be considered as present and settled in the UK and you should be able to apply as the unmarried partner. But, as you cannot make an in-country application you will have to head back to China and make the application using the VAF-2 rather than using the SET(M) here.

2) As far as I know, I don't think that there is anyone who knows categorically know when you will be eligible for the PR using the EEA4. Will the 5 years as the family member of the EEA national include the 2 years as the unmarried partner before the EEA2 application? Or is it 5 years only after the EEA 2 application has been granted?

If you are daring enough, apply with the necessary documents using the EEA4 after a total of 5 years- 2 years pre-EEA2 and 3 years after that. What is the worst that can happen? Afterall it is a free application! Whatver be the case, do keep us updated.

[thsths]

[quote="Chinapost"]Hello everyone,
EEA 4 states that “you need to have resided here with your EEA national family member for a continuous period of 5 yearsâ€