Unmarried Partners - Straight to EEA4 and PR?

[lmb]

Is it possible for unmarried/durable partners (extended family members) to make their first application on EEA4, to achieve PR - avoiding EEA2 - assuming of course a sufficiently long relationship and cohabitation period has accumulated?

[Plum70]

I imagine that this is possible with very strong evidence showing a subsisting and continuous relationship over the 5 year period.

Any reason why a RC was not applied for? I am curious to know how the non-EEA family member (if there is one) has managed to satisfy administrative formalities requiring proof of legitimate UK residence throughout this time.

[lmb]

It's an indirect way of getting an answer to another question, to which I've had some answers, but nothing absolutely conclusive, and that's:

Unmarried partners must usually show 2 years of cohabitation to be accepted as "family members" and receive an RC. 3 years on, and 5 years on from cohabitation, would unmarried partners automatically obtain PR?

Some say yes, as it's the underlying situation that counts. Most say no, because unmarried members have no rights under EU law until they are recognised with a permit/card. I wonder if it is possible that unmarried partners require the permit/card, for which they must prove themselves, but once recognised, their relationship can be counted back before the permit/card issue date.

I'm asking now whether unmarried partners can skip straight to EEA4 - if yes, then time before any permit/card can be counted; if no, then not.

[Jambo]

Instead of asking the same question again and getting some yes, some no and some maybe, you may want to contact the European Cases Policy Team in UKBA to find out their view.

Their email address is EuropeanOperational@homeoffice.gsi.gov.uk
Make sure you construct your query as a general policy one as they can't comment on individual cases. Also make sure the situation is explained clearly and the questions asked are to the point. Generic questions would get generic answers.

[Obie]

Unmarried durable partner, have no automatic right to entry and Residence under the EEA regulation. They can only be issued with a Residence Rights, if in all the circumstance it seems appropriate for the secretary of state to do so.

If (but only if) the Secretary of State exercise the discretion in their favour and issue a Residence Card, will Rights under the EEA Regulation Start to accrue.

Therefore rights to Permanent Residence don't start to accrue until a Succcessful RC application. Although it could be argued, that if an application is successful, then it will be reasonable for one to say that the SOS should count from time the application was made.

[lmb]

Thanks Obie - so your answer is that unmarried partners can apply on EEA2, but not on EEA4.

Jambo, I'm asking the same question essentially, yes, but differently, because I want people to think differently about what is a fairly grey area. But thank you for your suggestion and the email address - I will certainly write and ask.

[EUsmileWEallsmile]

Is it possible for unmarried/durable partners (extended family members) to make their first application on EEA4, to achieve PR - avoiding EEA2 - assuming of course a sufficiently long relationship and cohabitation period has accumulated?

Did the applicant enter on a family permit perhaps?

[Obie]

In the scenerio envisaged be the OP, she will not qualify for EEA4 even if she entered with an EEA family permit. An extended family member will only be treaty as family member under Regulation 7(3) for as long as the family permit or Residence Card remains valid.

If during the currency of the family permit, an application is made for Residence Card, then the application is dealt with under Regulation 17(1).

However once the Permit expires, the position of the partner, continue to fall under Regulation 8(5).

They cease from accruing rights under Regulation 7(3).

[lmb]

In this scenario, the unmarried partner was either here illegally, or under some non-family permit (student or work, say). The question is whether an unmarried partner can be in such a relationship for, say, 10 years, and jump to EEA4 from nothing (or must they get EEA2, and then "serve" 5 years)?

[flipper77]

I am curious to know how the non-EEA family member (if there is one) has managed to satisfy administrative formalities requiring proof of legitimate UK residence throughout this time.

At the time I applied for my EEA2 (as an unmarried partner), I had been living in the UK for 5.5 years. The first 2 years of this were on a Working Holiday Visa, and then I was fortunate enough that my employer sponsored me. The reason I ended up going for the EEA2, is I didn't want to be tied to my employment any more.

[Jambo]

Jambo, I'm asking the same question essentially, yes, but differently, because I want people to think differently about what is a fairly grey area. But thank you for your suggestion and the email address - I will certainly write and ask.

Did you write to them? Did they respond?

[lmb]

Yes, long reply - simple answer is no, extended family cannot leapfrog EEA2.

I consider this weighty but not conclusive. This area of EU/UK convergence is particularly grey. Of course, it's from the Home Office, so practically speaking, until the point of appeal, it's an important answer.