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Settled Status: When do clock starts for unmarried partners?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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kamoe
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Posts: 2947
Joined: Mon Sep 07, 2015 11:57 am
European Union

Settled Status: When do clock starts for unmarried partners?

Post by kamoe » Tue Feb 12, 2019 9:45 pm

We know that for Settled Status:
Persons eligible for indefinite leave to remain as a relevant EU citizen or their family member wrote:3. (a) The applicant is (i) a relevant EU citizen, (ii) a family member of a relevant EU citizen or (iii) a family member who has retained the right of residence by virtue of a relationship with a relevant EU citizen; and
(b) The applicant has completed a continuous qualifying period of five years in any (or any combination) of those categories; and
(c) Since then no supervening event has occurred
So, for unmarried partners, when does the clock start? Assuming all the below takes place within the UK:

a) From the moment they started living together with their EU partner.
b) From the moment they completed 2 years living together with their EU partner.
c) From the moment they were first issued a RC under EU rules, as the unmarried partner of an EU citizen.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

secret.simon
Moderator
Posts: 11475
Joined: Thu Feb 21, 2013 9:29 pm

Re: Settled Status: When do clock starts for unmarried partners?

Post by secret.simon » Wed Feb 13, 2019 9:08 am

kamoe wrote:
Tue Feb 12, 2019 9:45 pm
c) From the moment they were first issued a RC under EU rules, as the unmarried partner of an EU citizen.
The definition of durable partner still retains the requirement of holding Home Office documentation issued as a durable partner for that period to count.
durable partner
(a) the person is, or (as the case may be) for the relevant period was, in a durable relationship with a relevant EU 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 the durable partner of the relevant EU citizen for the period of residence relied upon, unless the date of application is after the specified date and the person was resident outside the UK at that date; and
(c) it is, or (as the case may be) for the relevant period was, not a durable partnership of convenience; and
(d) neither party has, or (as the case may be) for the relevant period had, another durable partner, a spouse or a civil partner with (in any of those circumstances) immigration status in the UK based on that person’s relationship with that party
...
family member of a relevant EU citizen
a person who has satisfied the decision-maker, including by the required evidence of family relationship, that they are (and for the relevant period have been), or (as the case may be) for the relevant period (or at the relevant time) they were:
...
(b) the durable partner of a relevant EU citizen, and:
(i) the partnership was formed and was durable before the specified date; and
(ii) the partnership remains durable at the date of application (or it did so for the relevant period or immediately before the death of the relevant EU citizen); or
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

kamoe
Moderator
Posts: 2947
Joined: Mon Sep 07, 2015 11:57 am
European Union

Re: Settled Status: When do clock starts for unmarried partners?

Post by kamoe » Wed Feb 13, 2019 10:15 am

secret.simon wrote:
Wed Feb 13, 2019 9:08 am
kamoe wrote:
Tue Feb 12, 2019 9:45 pm
c) From the moment they were first issued a RC under EU rules, as the unmarried partner of an EU citizen.
The definition of durable partner still retains the requirement of holding Home Office documentation issued as a durable partner for that period to count.
durable partner
(a) the person is, or (as the case may be) for the relevant period was, in a durable relationship with a relevant EU 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 the durable partner of the relevant EU citizen for the period of residence relied upon, unless the date of application is after the specified date and the person was resident outside the UK at that date; and
(c) it is, or (as the case may be) for the relevant period was, not a durable partnership of convenience; and
(d) neither party has, or (as the case may be) for the relevant period had, another durable partner, a spouse or a civil partner with (in any of those circumstances) immigration status in the UK based on that person’s relationship with that party
...
family member of a relevant EU citizen
a person who has satisfied the decision-maker, including by the required evidence of family relationship, that they are (and for the relevant period have been), or (as the case may be) for the relevant period (or at the relevant time) they were:
...
(b) the durable partner of a relevant EU citizen, and:
(i) the partnership was formed and was durable before the specified date; and
(ii) the partnership remains durable at the date of application (or it did so for the relevant period or immediately before the death of the relevant EU citizen); or
Clear as water! Thank you simon!
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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