# EEA PR refusal - Shall I appeal?



## mekk (Jan 9, 2013)

Hello all, 

Finally our EEA PR application has been decided after 6 months, and my EEA partner got the permanent residency but myself non-EEA got refused on the basis of EEA Regulations 26 @ 7.3. 

I am a Non-EEA citizen living with my girlfriend/EEA citizen since October 2009. 
June 2013, my girlfriend got her residence certificate (EEA1 app) and I got an EEA family permit visa (unmarried) (EEA2 app) valid for 5 years expiring in 2018.

Since we have been living together for 7 years continuously and legally in the UK, we thought we would not need to wait until 2018 to apply for EEA PR. (HO also confirms in refusal letter that we are in a genuine e and subsisting partnership since 2009.) 

However, HO said as we are an unmarried couple, which is in extended-family member category, my timeline as family member starts from Jun 2013 when I got my first EEA family visa.

“As you were issued with a Residence card on Jun 2013, then pursuant to Regulation 7 (3) of the Regulations, you would not be eligible for permanent residence until June 2018”

Here is the Regulation 2006 @ 7 (3) :


> (3) Subject to paragraph (4), a person who is an extended family member and has been issued with an EEA family permit, a registration certificate or a residence card shall be treated as the family member of the relevant EEA national for as long as he continues to satisfy the conditions in regulation 8(2), (3), (4) or (5) in relation to that EEA national and the permit, certificate or card has not ceased to be valid or been revoked.


It seems to me, this is a statement to prevent any discrimination against extended family members. This does not seem to mean that the extended family members are to be disregarded as a family member before getting issued a residency card.

What do you think? Shall I appeal against the decision or shall I wait until 2018 as HO suggested. 

How long would the appeal process take? Any idea?

Thanks in advance for any input.


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## mekk (Jan 9, 2013)

In another forum, i got a reply regarding my question.

unfortunately there is nothing i can do, no point of appealing.

If there is anyone with similar situation (un-married family member=extended family member) with me and planning to apply for permanent residency, they should not apply, instead wait until 5 years to pass with family member residence card.

Here is more reading about it: https://www.gov.uk/government/uploa...50/Extended_Family_Members_v2.0_ext_clean.pdf


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## Joppa (Sep 7, 2009)

I agree with that advice. You need to have been in UK under residence card for at least 5 years as unmarried partner:


> Applying for permanent residence Under regulation 8 of the regulations
> you cannot consider an applicant to be the extended family member of an EEA national until they have been issued either a:
> registration certificate, or 
> residence card.
> ...


https://www.gov.uk/government/uploa...50/Extended_Family_Members_v2.0_ext_clean.pdf Page 32-33


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