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You need to have married by Dec 31st 2020, since the family relationship needs to have started before the end of the transition period.
The family relationship in your case means the married relationship; unmarried partners are not family members unless they have a EEA RC as an unmarried durable partner.The deadline for you to join your family member in the UK is 31 December 2020 (or 31 December 2025 if your partner is Swiss and you get married or form a civil partnership after 31 December 2020).
If you’re not living in the UK by the deadline, you’ll still be able to apply if all of the following are true:
- your family member has either settled or pre-settled status
- your relationship began before 31 December 2020
- you remain a close family member, for example a spouse, civil partner, unmarried partner, a dependent child or grandchild, or a dependent parent or grandparent
You are cutting this close. A month ago, the average processing times for EEA RC cards was reported to be 6-7 months. Luckily the latest reports show processing times of between 1-2 months. A better perspective, still possible, but really time is running out if you want to have a EEA RC this year.So most likely I will need to apply under EUSS as a durable partner, which requires me to hold a relevant document (residence card in this case). We have been living together for more than 2 years and have proof of this.
You can only have one application under the same regulation, and likewise, only one visa or residence permit under the same regulation.1. I have an ILR application pending with the Home Office (EUSS is my backup plan). I understand that you can't have 2 applications pending at the same time. But I have heard that ILR is under UK law, while EEA residence card is under EU law, so I can have 2 pending applications without inadvertently withdrawing the ILR application. Is this correct?
I would not bank on this. I hope I am wrong, but there is a chance that you encounter difficulties if you do not get your EE RC before December 31st 2020. See this post.2. the EEA residence card will not be valid after Dec 31, 2020, but that doesn't matter anyway because I'm only using it to apply for EUSS. Let's say if I apply for this on Dec 30, and it takes a while to process the application, by the time I receive the EEA residence card it would not be valid, but is it okay if I'm only using it for EUSS?
You cannot.3. Regarding whether I can still apply under EUSS as a spouse WITHOUT applying for an EEA residence card
If you’re their unmarried (durable) partner
You must hold a relevant document issued to you under the EEA Regulations on the basis that you’re the durable partner of an EEA or Swiss citizen or person of Northern Ireland.
A relevant document here includes:
- a family permit
- a residence card
So you do not meet the requirement specified by (i)Re: (i) we will get married likely in Jan or Feb 2021, but this will be after the specified date (Dec 31, 2020);
So you do not meet the requirement specified by (ii) either.re: (ii) we will have been living together in a relationship akin to marriage for more than 2 years, but I do not hold a relevant document (residence card or family permit).
No, because...Do we satisfy the part about "definition of ‘durable partner’ in this table being met before that date rather than at the date of application"?
You do not hold a EEA RC and you are not resident outside the UK."...
(a) the person is, or (as the case may be) for the relevant period was, in a durable relationship with a relevant EEA citizen (or with a qualifying British citizen), with the couple having lived together in a relationship akin to a marriage or civil partnership for at least two years (unless there is other significant evidence of the durable relationship); and
(b) the person holds a relevant document (as described in sub-paragraph (a)(i) or (a)(ii) of that entry in this table) as the durable partner of the relevant EEA citizen (or of the qualifying British citizen) for the period of residence relied upon, unless the date of application is after 31 December 2020 and the person was resident outside the UK at that date; and..."
Thanks kamoe, bad news then, but I guess that makes sense. I applied for ILR Set O with in-person biometrics appointment but haven't heard back after a while, even though Set O is supposed to be straightforward.
For the benefit of future readers, the changes to the Immigration Rules that take effect on 31 December 2020 at 23:00 GMT specify that a UK-issued "relevant document", like an EEA residence card or EEA family permit, issued after that date based on an application submitted before that date will be regarded as having been held before that date.