EEA2 Un-married partner

[applicanteea2]

Hi Everyone,

It will be a great help if you could help me with this uniquely complex situation.

I have been living in the Uk since 2008 ( 4 YEARS student visa as a Indian National)

I switched to PSW Tier 1 in May 2012 ( outside Uk)

I returned to Uk applied for my Portuguese Nationality, was granted EU citizenship on May 13th, 2013

Please bear in mind that I have never lived in Portugal or any other EU country. ( not even visited )

Through out this period stated above, I have been in a relationship with a Non Eu National ( who is currently on a tier 2) we have lived to together since 2008 in a studio flat, where we hold council tax, water bill , bank statements Individual and Tenancy contracts since 2008!


I am now looking to apply for a EE2 visa for my Non Eu Partner.

Given my change in status as a EU National in May 2013, will my application fall short of any requirements here?

Please help me understand this. I am currently applying for EEA1 registration certificate.. is this the right thing to do ...prior to filing EEA2?

Many Thanks
Dennis

[Victoriajam]

It certainly doesnt matter that you havent lived in Portugal before. You only need to be a EEA citizen.
Just to verify, the two of you have been living together in the UK since 2008 and you are exercising treaty rights in the UK? Then you should be able to apply.

You can apply for EEA1 before or while your partner applies for EEA2 if you like, but it isnt necessary.

[applicanteea2]

It certainly doesnt matter that you havent lived in Portugal before. You only need to be a EEA citizen.
Just to verify, the two of you have been living together in the UK since 2008 and you are exercising treaty rights in the UK? Then you should be able to apply.

You can apply for EEA1 before or while your partner applies for EEA2 if you like, but it isnt necessary.

Hi Victoriajam! thank you for your prompt response.

Yes we have been living together since 2008 ( studio flat ) I am exercising treaty rights in the Uk as a worker. I am currently applying for a registration certificate / EEA1 .. its best have this covered too.

[applicanteea2]

It certainly doesnt matter that you havent lived in Portugal before. You only need to be a EEA citizen.
Just to verify, the two of you have been living together in the UK since 2008 and you are exercising treaty rights in the UK? Then you should be able to apply.

You can apply for EEA1 before or while your partner applies for EEA2 if you like, but it isnt necessary.

Hi Victoriajam, for the purpose of demonstrating that me and my partner are in a 'durable relationship' I have collected documents such as council tax statements, water bill and etc ... (nearly 4 years of docs / 14 documents in total)

Question:
since I adjusted my status to that of a EU Citizen in May 2013.. will the above duration of 4 years still hold valid for the purposes of proving to be in a relationship .. and exercising treaty rights in the UK..
or,
Is there a pre determined time frame for EU citizens to prove durable relationship and Treaty rights.

sorry for appearing to be so vague, but if you dont ask you dont know!

Cheers
Dennis

[sheraz7]

I returned to Uk applied for my Portuguese Nationality, was granted EU citizenship on May 13th, 2013

Please bear in mind that I have never lived in Portugal or any other EU country. ( not even visited )

Just for information, how you achieved Portugeese nationality?

[Victoriajam]

Hi Dennis,

firstly, I am not aware of any clause that says you have to be an EU citizen for so and so many years before your partner can apply for EEA2. I would say the fact that you are now is sufficient.
For a durable relationship, evidence of 2 years of living together is required.
To prove that you are exercising treaty rights, check the EEA2 application form. It states which documents are required. I seem to remember it was either your work contract, a confirmation from your employer you are working with them or the most recent pay slips. I don't think there was a minimum time given for which you had to be employed. If you have your contract and the last 3 payslips that should be fine, for example.

[applicanteea2]

I returned to Uk applied for my Portuguese Nationality, was granted EU citizenship on May 13th, 2013

Please bear in mind that I have never lived in Portugal or any other EU country. ( not even visited )

Just for information, how you achieved Portugeese nationality?

My grandfather was Portuguese by birth

[askmeplz82]

I returned to Uk applied for my Portuguese Nationality, was granted EU citizenship on May 13th, 2013

Please bear in mind that I have never lived in Portugal or any other EU country. ( not even visited )

Just for information, how you achieved Portugeese nationality?

My grandfather was Portuguese by birth

‘All people born in GOA ( STATES in India ) before Dec 1961 are Portuguese by birth’ although it's true all of them become Indian Nationals by default (naturalisation or by Descent ) after liberation around March 1962. They could leave with them (Portuguese) if they wanted to but they opted to stay behind in Republic of India, hence they are Indians. Portugal left the option open if they still wish to acquire Portuguese passport; they can