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Splitting from my EU partner. Unmarried partner.

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

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

secret.simon
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Posts: 11040
Joined: Thu Feb 21, 2013 9:29 pm

Re: Splitting from my EU partner. Unmarried partner.

Post by secret.simon » Tue Jun 13, 2023 2:38 pm

emojik198 wrote:
Tue Jun 13, 2023 8:56 am
I have heard that you need to be with your partner for 3 years so that when you break up you you can still remain in the UK. I've read this applies to marriages and civil partnerships. Would it also apply in my case?
No, it does not apply in your case.

It applies very specifically to those who are married or in a civil partnership with an EEA citizen, for at least three years, at least one of which should have been in the UK.

That does not apply to those married to solely British citizens or those not married to EEA citizens or those who derived their visas from marriage to the family member of an EEA citizen, etc. It is a very specific exception to the general rule that you are expected to reside in the UK as a partner or spouse for at least five years.
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.

emojik198
Newly Registered
Posts: 8
Joined: Sun Apr 09, 2023 9:04 am
United Kingdom

Re: Splitting from my EU partner. Unmarried partner.

Post by emojik198 » Sat Jul 01, 2023 6:13 pm

Would my partner becoming a British citizen through naturalization affect my application for settled status next year?
Currently, he's an EEA national with settled status.

Also, would him becoming British have an effect on me bringing my mother into the UK under EEA law this year?

Maybe these questions are not very relevant to the topic but I'm considering many different scenarios at the moment.

meself2
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Posts: 3318
Joined: Mon Sep 06, 2021 4:10 pm
Ireland

Re: Splitting from my EU partner. Unmarried partner.

Post by meself2 » Sat Jul 01, 2023 7:26 pm

emojik198 wrote:
Sat Jul 01, 2023 6:13 pm
Would my partner becoming a British citizen through naturalization affect my application for settled status next year?
You might have to apply by post, delaying the process - see post2120135.html#p2120135 (and look up the Lounes route overall).
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

secret.simon
Moderator
Posts: 11040
Joined: Thu Feb 21, 2013 9:29 pm

Re: Splitting from my EU partner. Unmarried partner.

Post by secret.simon » Sun Jul 02, 2023 8:14 am

emojik198 wrote:
Sat Jul 01, 2023 6:13 pm
Also, would him becoming British have an effect on me bringing my mother into the UK under EEA law this year?
If you are an unmarried durable partner of an EEA citizen, you can't sponsor your mother to the UK under the Withdrawal Agreement. And that was also the case before Brexit under the EEA Regulations as well.

Only dependent parents of an EEA citizen and their spouses can be so sponsored.

"Durable partner" is a personal status; i.e. held by the person only and does not extend to the rest of their family. Their children and parents can't benefit from that status, because they are not related to the EEA citizen.

And once you became a British citizen, it would be next to impossible for you to sponsor your mother to the UK. A recent committee questioning of the Home Secretary revealed that the number of people entering the UK under the Adult Dependent Relative visa is in single digits per year.
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.

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