EUSS unmarried partner reqs

Hi gurus,

I need an advise with the EUSS decision. When I applied for EUSS as a non-EEA unmarried partner I didn't have a family permit (I was on a Tier 2 working visa at that moment) or a residence card, so I followed the guideline from gov.uk and provided evidence of cohabitation (a tenancy agreement, utility bills, correspondence):

"A relevant document here includes:

a family permit
a residence card
...
If you do not have a relevant document, you must provide evidence of your relationship. The list below gives some examples of evidence you can provide. This list is not exhaustive and other forms of evidence may be accepted. Each case will be considered on a case by case basis.

Evidence that you’ve lived together for at least the past 2 years:

bank statements or utility bills in joint names at the same address
residential mortgage statement or tenancy agreement in joint names
official correspondence that links you at the same address".

I've waited for 6 months and got the rejection based on the absence of the relevant document:
"The required evidence of family relationship for a durable partner of a relevant
EEA citizen is a valid family permit or residence card issued under the EEA
Regulations (or by the Bailiwick of Jersey, the Bailiwick of Guernsey or the
Isle of Man) as the durable partner of that EEA citizen and, where the
applicant does not have a documented right of permanent residence,
evidence which satisfies the Secretary of State that the durable partnership
continues to subsist.

In order to meet the definition of a durable partner as set out in Annex 1 of
Appendix EU to the Immigration Rules, you need to demonstrate that you are
a relative of your sponsor as claimed and that you hold a valid relevant
document."

I talked to Home Office after and a HO rep confirmed over phone that a residence card is a requirement which I didn't provide.

I'm wondering if I have a reason for an administrative review. I had an option to provide just evidence and I used the option. I would appreciate any advice or thoughts from your side.

Regards,
Andrei

a_kris wrote: ↑

Thu Aug 27, 2020 9:29 pm

I'm wondering if I have a reason for an administrative review.

I doubt it.

I had an option to provide just evidence

I'm afraid you did not. You failed to read attentively. Your quote above is ignoring the following sentence (which you are removing from your quoted text, although is right above it!) which clearly indicates that you need to have a EEA issued residence card to be able to apply: https://www.gov.uk/guidance/eu-settleme ... eu-citizen

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.

This is not new, it is a very-well known constraint for unmarried partners, and has been thoroughly quoted and pointed at in every single post on this forum whenever people ask how to apply to the EUSS as an unmarried partner with no EEA card or FP. The answer is, and continues to be, the same: It is not possible, you need to have a EEA document first.

The further paragraph you quote which refers to the option of alternative evidence is placed right after the mention how people that are family members of a person from Northern Ireland will likely not have a RC. So, quoting in context and without removing any inconvenient lines, as you should always do:

A relevant document here includes:

a family permit
a residence card
If you’re the unmarried (durable) partner of a person of Northern Ireland, you’re unlikely to have a relevant document.

If you do not have a relevant document, you must provide evidence of your relationship. The list below gives some examples of evidence you can provide. This list is not exhaustive and other forms of evidence may be accepted. Each case will be considered on a case by case basis.

In all likelihood, the last two sentences apply for applicants related to a person of Northern Ireland only.

I would appreciate any advice or thoughts from your side.

You now find yourself in a similar situation than the OP of this post. Even if you applied now for a EEA RC (which you should have done 6 months ago) you would likely not receive the RC card before December 31st 2020, which might have serious implications for your eligibility to the EUSS in 2021.

As I shared in that post, your best bet might be to go back to your country ASAP and apply there for a EEA FP. Or get married.

Hi kamoe,

Thank you for sharing your thoughts. I appreciate this.
I has another understanding or the requirements - I can provide either a RC or proofs of relationship, and 2 immigration solicitors supported it when I was submitting the application. So I personally believe that there is a reason for the administrative review - at least, it's not obvious from EUSS guidance that a RC is the only (well-known) option for an unmarried partner.

I read your reply to another OP also, could you explain why do you believe that RC application will take more than few months? I doubt that FP will be faster - I have a friend waiting in Moscow for FP(M) since January, and in my situation I expect it will take longer due the unmarried partner status.

I have a friend waiting in Moscow for FP(M)

What exactly is "FP(M)"? There is no such visa category.

CR001 wrote: ↑

Sat Aug 29, 2020 3:37 pm

I have a friend waiting in Moscow for FP(M)

What exactly is "FP(M)"? There is no such visa category.

Sorry, if I made it up - Family Permit and they're married.

a_kris wrote: ↑

Sat Aug 29, 2020 3:35 pm

2 immigration solicitors supported it when I was submitting the application.

Have you told your solicitors what the person at the EU Resolution Centre told you over the phone?

So I personally believe that there is a reason for the administrative review

You are of course always entitled to your own opinion.

it's not obvious from EU Settlement Scheme guidance that a RC is the only (well-known) option for an unmarried partner.

I'm really sorry, and remember this is only to help you, but, what part of "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." is not clear to you?

I read your reply to another OP also, could you explain why do you believe that RC application will take more than few months?

Because that's what the crowdsourced timeline posts here indicate. Latest confirmed processing times are between 6-7 months.

I doubt that FP will be faster

Again, you are always entitled to your own opinion.

While there is no guarantee it will be faster, there is definitely a possibility. I tested this first-hand. I applied for a RC inside the UK in September 2015. Come January 2016 I still had not received it, so we went ahead with our holiday plans and went home to Colombia. There, I applied for a FP. I got it within a few days. I used it to get back into the UK in February. Two days later I received my RC.

Why is this? Because RCs are applications done and received inside the UK, and there is no fast-track. FPs, on the other hand, are received abroad at each country's own established visa centre. At each of these locations, there is usually a priority for EU applications over Tier applications, and even if there was a queue for EU applications, this is much shorter than the general service for everyone applying inside the UK.

I have a friend waiting in Moscow for FP(M) since January

That is unfortunate, and definitely a possibility. But it does not mean that is the case in all countries. I do think timelines can vary widely among different countries, and all I can offer is my personal experience of 5 months for RC inside the UK vs less than a week for FP in my home country.

and in my situation I expect it will take longer due the unmarried partner status.

The bulk of the wait for these applications is not how complex your situation is, but the queue of people before you. When I did my RC I followed attentively everyone's timelines for September 2015, and without exception, everyone pretty much was bang on the 5 months mark. There were both married and unmarried applications. So I guess the processing of the application itself should take about a day, it's the queue, oh the queue, that takes 5-7 months.

Thank you very much for all details. Timeline is killing.

kamoe wrote: ↑

Sat Aug 29, 2020 5:22 pm

While there is no guarantee it will be faster, there is definitely a possibility. I tested this first-hand. I applied for a RC inside the UK in September 2015. Come January 2016 I still had not received it, so we went ahead with our holiday plans and went home to Colombia. There, I applied for a FP. I got it within a few days. I used it to get back into the UK in February. Two days later I received my RC.

Why is this? Because RCs are applications done and received inside the UK, and there is no fast-track. FPs, on the other hand, are received abroad at each country's own established visa centre. At each of these locations, there is usually a priority for EU applications over Tier applications, and even if there was a queue for EU applications, this is much shorter than the general service for everyone applying inside the UK.

Hi again,

Kamoe, could you please elaborate a bit on this piece - do I understand you correctly, that it's ok to apply for RC card then to travel back to your country and get back when RC is approved to collect it? Can I collect it being on a tourist visa and then apply for EUSS straight forward (don't think so, but just to confirm)?

Also more general question to anyone.
I applied for RC from the UK as unmarried partner, but as we've discussed already, it's unlikely that RC will be ready by the end of the year. And I know that if I have no RC by that moment there is no chance to apply for the pre-settled status after 1/1/2021. Is it the same for EUSS FP? If I go back to my country and apply for EUSS FP as a durable partner from there (we have evidence of 2+ years cohabitation in the UK) and get FP after Jan 1st, will I be able to come back to the UK and apply for the pre-settled status before July 2021?
Or is EUSS FP for married partners only and I can apply for EEA FP (my partner has the settled status)?

Hello

Cohabitation is not immigration friendly. Immigration laws are built around a traditional family principle with both parties being married. The recognition of cohabitation akin to marriage has been added down the line and doesn't equal a proper marriage.

You can't apply for Administrative Review on a justified refusal. Another case worker would look at it and he will stand by the decision. Administrative Reviews are good when there a blatant mistake from the case worker such as an ignored document and similar.

If you apply for an EEA EFM, you are not going to get it in 2020. We can't be 100% sure from that, but there is a strong possibility that you will get it in 2021. This means too late for EUSS application.

It's not possible to apply for visitor / tourist visa to come back while you have an immigration application pending or issues. That's not possible.

Applying for Family Permit could be a viable option:

https://www.gov.uk/family-permit/eea-family-permit

Zerubbabel wrote: ↑

Wed Oct 07, 2020 1:28 pm

Applying for Family Permit could be a viable option:

https://www.gov.uk/family-permit/eea-family-permit

Thank you. Can I apply for EEA FP, get it after Jan 1st and apply from the UK for EUSS as unmarried partner? Asking as my partner wants to postpone the marriage due COVID travel restrictions for relatives.

a_kris wrote: ↑

Wed Oct 07, 2020 12:49 pm

Kamoe, could you please elaborate a bit on this piece - do I understand you correctly, that it's ok to apply for RC card then to travel back to your country and get back when RC is approved to collect it?

Yes, this is possible. But please read below.

Can I collect it being on a tourist visa and then apply for EUSS straight forward (don't think so, but just to confirm)?

What you should do, what it is actually recommend by the Home Office themselves that you do, is that if you have to travel abroad while your RC application is in progress, is to apply for a Family Permit abroad to facilitate you entry back into the UK. That will give you 6 months of legal residence. That's what I did. That's what a Family Permit is there for. Applying for a tourist visa makes no sense, since you are not a tourist. Also a FP is free, and treated in priority, while a tourist visa is costly and not a priority.

Also more general question to anyone.
I applied for RC from the UK as unmarried partner, but as we've discussed already, it's unlikely that RC will be ready by the end of the year. And I know that if I have no RC by that moment there is no chance to apply for the pre-settled status after 1/1/2021.

I am keen to highlight this is just an interpretation. There is a chance it is possible, although probably not straightforward, for people with RCs issued in 2021 to still be able to apply for the EUSS.

Is it the same for EUSS FP? If I go back to my country and apply for EUSS FP as a durable partner from there (we have evidence of 2+ years cohabitation in the UK) and get FP after Jan 1st, will I be able to come back to the UK and apply for the pre-settled status before July 2021?
Or is EUSS FP for married partners only and I can apply for EEA FP (my partner has the settled status)?

If you are unmarried partner you have to have a EEA document first (either a Family Permit or Residence Card) to be eligible to apply for the EUSS. So no, you cannot do what you suggest.

Thanks again.
So, I see 2 options:
1. If I receive RC before 2021, then I apply for EUSS from the UK.
2. If I don't receive before 2021, then I go back to my country and apply for EEA FP. As soon as I get FP (between January and July 2021), I travel back to the UK and apply for EUSS based on FP, no matter if RC is ready or not.
Am I correct?

a_kris wrote: ↑

Wed Oct 07, 2020 2:57 pm

1. If I receive RC before 2021, then I apply for EUSS from the UK.

That would be the best case scenario, although you have to be aware that this might not be realistic given current timelines.

2. If I don't receive before 2021, then I go back to my country and apply for EEA FP.

No.

You have not understood what the problem is.

The problem is that if the EEA document (RC or PF) is not issued in 2020 your application for EUSS might not be straightforward, or it might not be possible. The only advantage of a Family Permit is that it seems to be generally issued faster than a RC, giving you more chances of getting it in 2020. Waiting for December 31st to apply for it completely defeats the purpose.

Again, this is a problem because:

• to be able to apply for the EUSS, the start of your relationship needs to be on or before 2020.

• As unmarried partner, your relationship does not exist until you have a EEA document.

• Once you have a EEA document, the official start of your relationship is the issue date of that document.

• If the start of relationship is not on or before 2020, you might have a problem.

(Again this is just an interpretation of the rules as they are, and the information we have been able to gather from the EU Resolution centre. The detail of how possible and/or easy an application with EEA documents issued in 2021 are still yet to be clarified).

Furthermore, by January 2021 the EEA route will almost certainly be already shut down since the transition period will be over. The exact cutt-off date for EEA applications has not officially been communicated, but a common assumption is that this is likely on or shortly before December 31st 2020.

If at all you want to try for the EEA Family Permit, you need to do it before December 31st.

As soon as I get FP (between January and July 2021), I travel back to the UK and apply for EUSS based on FP, no matter if RC is ready or not.

Again, this is possible and makes sense only if you get the EEA FP before December 31st.

Clear now. Thank you so much for the details.

Last clarification, though, sorry.
In the timeline:
- RC application submitted in September
- I travel back to my country in October/November
- EEA FP applied in November
- RC is issued in December (by miracle )
- EEA FP is issued in January
can I travel back to the UK in February to collect RC and submit for EUSS based on RC issued in 2020?

a_kris wrote: ↑

Wed Oct 07, 2020 3:51 pm

Last clarification, though, sorry.
In the timeline:
- RC application submitted in September
- I travel back to my country in October/November
- EEA FP applied in November
- RC is issued in December (by miracle )
- EEA FP is issued in January
can I travel back to the UK in February to collect RC and submit for EUSS based on RC issued in 2020?

Assuming the above timeline, I see no reason why you could not do as you suggest. Seems like a perfectly valid thing to do.

If you are asking wether the later EEA FP would interfere or cancel out your EEA RC, in case the RC was issued before the FP, the answer is no. Both your FP and RC will be valid in case you had both at the same time. Again, the advise to apply for a Family Permit abroad to facilitate your entry back into the UK while a RC application is in progress is official advise from the Home Office.

And even if the EEA FP is issued in January, after the end of the transition period, as long as you logged in the application before the deadline (Dec 31st), the document should be valid for you to come back into the UK.

Now, keep in mind, that you could come back into the UK as soon as your EEA FP is issued, and this might be in 2020. And you could also apply to the EUSS directly with this document, without waiting for the RC. You would not be able to apply using the app though, but you could apply using online+post option.

Sounds great. Thank you once again.

a_kris wrote: ↑

Thu Aug 27, 2020 9:29 pm

Hi gurus,

I need an advise with the EUSS decision. When I applied for EUSS as a non-EEA unmarried partner I didn't have a family permit (I was on a Tier 2 working visa at that moment) or a residence card, so I followed the guideline from gov.uk and provided evidence of cohabitation (a tenancy agreement, utility bills, correspondence):

"A relevant document here includes:

a family permit
a residence card
...
If you do not have a relevant document, you must provide evidence of your relationship. The list below gives some examples of evidence you can provide. This list is not exhaustive and other forms of evidence may be accepted. Each case will be considered on a case by case basis.

Evidence that you’ve lived together for at least the past 2 years:

bank statements or utility bills in joint names at the same address
residential mortgage statement or tenancy agreement in joint names
official correspondence that links you at the same address".

I've waited for 6 months and got the rejection based on the absence of the relevant document:
"The required evidence of family relationship for a durable partner of a relevant
EEA citizen is a valid family permit or residence card issued under the EEA
Regulations (or by the Bailiwick of Jersey, the Bailiwick of Guernsey or the
Isle of Man) as the durable partner of that EEA citizen and, where the
applicant does not have a documented right of permanent residence,
evidence which satisfies the Secretary of State that the durable partnership
continues to subsist.

In order to meet the definition of a durable partner as set out in Annex 1 of
Appendix EU to the Immigration Rules, you need to demonstrate that you are
a relative of your sponsor as claimed and that you hold a valid relevant
document."

I talked to Home Office after and a HO rep confirmed over phone that a residence card is a requirement which I didn't provide.

I'm wondering if I have a reason for an administrative review. I had an option to provide just evidence and I used the option. I would appreciate any advice or thoughts from your side.

Regards,
Andrei

Hi! Any updates about your process? Did you manage to get your RC or are you going to go through the FP route? I happen to be in a similar situation as you (wish I had seen your post before applying), but I still haven't received the outcome of my application. I was advised by a legal advice clinic (suggested to me by my local Citizens Advice) to pursue my EUSS application as an unmarried durable partner of an EU citizen, even though I didn't have a residence card or family permit, and to provide cohabitation evidence/joint bank statements instead. I originally applied with my Tier 4 BRP but I was eventually asked to submit my biometrics, and that is what they are considering as the first day of application (6 weeks after my original application date). Did you also have to submit your biometrics separately? How long after receiving your CoA did you get the decision? My current visa expires at the end of Jan and I have alternative routes to stay in the UK, so I'm tempted to cancel my EUSS application and go for the Tier 4 doctorate extension or even a Tier 2 application (my employer would be happy to do it). I just don't know what to do! Any advice would be highly appreciated.

Hi,

I managed to get PSS, but it was a miracle in my case. And it was before 2021, so I guess that you're in the different situation now.
Anyway, this is what happened:
I applied for the admin review, but I also applied for RC. the estimation for RC was 6 months (COA also said the same), so I decided to move back to my country and apply for FP. It was the end of October.
In November I got a RC positive decision and the card itself delivered to my partner in London - it took 5-6 weeks since the biometrics. That was what I call a miracle.
I contacted HO regarding the administrative review and shared the RC outcome. A week later I got PSS. The decision letter says that RC was mandatory to prove the durable relationship:
"At the initial application stage, you did not hold, nor had you ever been issued with a
relevant document demonstrating you are in a durable relationship with a relevant
EEA citizen. The reasons given in the original decision and the refusal were correct.
However, as you have now been granted a residence card as a family member of a
relevant EEA national, that confirms that you are the durable partner of a Bulgarian
national, you now qualify for pre settled status on this basis.
Therefore, the fee for your administrative review application will not be refunded
since your application succeeded only because of new evidence that was not before
the original decision maker."

So, I believe there is a big chance that you will get a refusal if you don't hold RC issued by end of 2020. Not sure if you can apply for RC now.
If you have another way to stay in the UK, I would suggest to use it. It could also save you some nerves if later your partner decides that you have used your relationship to get PSS
I wish you good luck and patience whatever option you choose.

PS. I had to submit my biometrics twice - in April when I applied for EUSS and in September for RC.

chiaseeds wrote: ↑

Thu Jan 14, 2021 5:22 pm

I was advised by a legal advice clinic (suggested to me by my local Citizens Advice) to pursue my EUSS application as an unmarried durable partner of an EU citizen, even though I didn't have a residence card or family permit, and to provide cohabitation evidence/joint bank statements instead.

Only partners of people from Northern Ireland are allowed to apply to the EUSS without a EEA Residence Card or Family Permit. Is your partner from Northern Ireland?

My current visa expires at the end of Jan and I have alternative routes to stay in the UK, so I'm tempted to cancel my EUSS application and go for the Tier 4 doctorate extension or even a Tier 2 application (my employer would be happy to do it). I just don't know what to do! Any advice would be highly appreciated.

Unless your partner is from Northern Ireland, your EUSS application will likely not be successful, as I explained in a post above, and as per @a_kris experience.

Between a Tier 4 extension and a Tier 2, know that time spent as Tier 4 only ever counts towards ILR if you pursue the 10-year route. Tier 2 counts for a 5-year route.

As @kamoe and @a_kris predicted, I received my refusal to the EUSS today. I'm now trying to figure out what the best course of action is. Just to give a bit more detail, I have been in a relationship with my partner since April 2017 and lived with him since September 2018 in the UK (he was here as an EU citizen, now on pre-settled status, I was here on Tier 4 visa). I would like to verify whether if I go back to my home country, apply for a family permit (EEA FP from my understanding) as a durable, unmarried partner, provide all types of documents showing co-habitation for 2+ years (utility bills, joint bank account etc), I am likely to be issued with a FP, which will then allow me to travel to the UK and apply for the EUSS again. Is it a problem that I have co-habited with an EU partner in the UK (as I didn't apply for a residence card before Dec 31st 2020)?

Also, I would really appreciate it if someone could explain how pg. 82-83 of the EUSS casework guidance below relate to my situation. Are there any grounds at all for challenging (admin review/appeal) my current EUSS decision in 2021/post-Brexit?

https://assets.publishing.service.gov.u ... 9.0ext.pdf

Thank you very much for all your advice!

I think you should make an application asap, for an eea fb.

Application are still accepted, it’s made clear at least to me the it’s possible.

https://www.gov.uk/family-permit
if you go to the bottom of the page you see this:

How long you can stay
EEA family permits are usually valid for 6 months. However, they will not be valid after 30 June 2021, even if there is time left on the permit.

An EUSS family permit is valid for 6 months, unless:

you plan to arrive in the UK on or after 1 April 2021
your application is approved more than three months ahead of your planned arrival date
In this case, it’s valid for 4 months from your planned arrival date.

Staying in the UK after your family permit expires
If your eligible family member was living in the UK by 31 December 2020, you can apply to the EU Settlement Scheme to continue living here after your family permit runs out.

If they came to the UK on or after 1 January 2021, you’ll usually need to apply for a visa to live, work or study.

So you have a chance, you can start filling out the application even before you travel, at the end of the application (based on the ansower you give), you will be give a checklist of documents you need use to support you application, do prepare these papers before you travel to apply (you need original certified photo copy of your partner id\passport, for example).

Best,,,
Adam

Hi Andrei,

I wonder if you opted for administrative review of the HO decision and what the outcome was, as I have a very similar situation (I am in durable partnership for 5 years, but in marriage only for 2.5 and plan to apply for the settled status). Many thanks!

Hi Sandra

I applied for the administrative review, and simultaneously for the residency card. By miracle I got the BRC very fast within 5 weeks. I sent the BRC number to HO adm review team and received the positive decision shortly after. However, the letter says that the initial rejection was valid as I didn’t have the BRC, and the BRC is mandatory for a settled status.
But you’re married, so you don’t need a BRC, as you can provide the marriage certificate. Why are you interested in the administrative review?

Sandra1208 wrote: ↑

Sun May 23, 2021 7:59 pm

Hi Andrei,

I wonder if you opted for administrative review of the HO decision and what the outcome was, as I have a very similar situation (I am in durable partnership for 5 years, but in marriage only for 2.5 and plan to apply for the settled status). Many thanks!

Only time spent as the family member of a EU national counts towards Settled Status.

For couples, that means time spent as either:
a) Unmarried partner with EEA Residence Card (clock starts from date of issue of the card)
b) Married spouse (clock starts from legal wedding date)

So if you never had a EEA RC, you have accrued only 2.5 years as family member and thus you are eligible for Pre-Settled status. No amount of cohabitation before marriage counts if you did not have a EEA RC during that period.

I know this from first-hand experience. I was unmarried partner for 7 years but with EEA RC for only 3 years. I was given Pre-Settled status, I was told that I wasn't getting Settled Status since my cohabitation time prior to my EEA card did not count. The moment I completed 5 years after date of issue of the card I applied again and got Settled Status (for you it will be 5 years after wedding date).