Urgent! Eu settlement unmarried partners

lichzz · Post by **lichzz** » Thu Nov 28, 2019 4:07 am

I have found this forum tonight and it help me see my current problems in my application. But now I am confused. Hope someone can help.
I am non EEA and my partner is EU. We have live together for two years but first year was in taiwan and after in London. In my EU settlement application I did include the tenancy agreement in Taiwan but didn’t translate it. We have PACs(civil partnership in France) since this Sep. I am now holding a Tier 4 Visa student until Jan.2020.

He has applied and granted pre settlement status and since I gave my biometric and got COA it has been a month. I have called and they just said it’s under process.
But tonight I read this forum and found out unmarried partners can’t apply Settlement scheme without EEA family permit of UK residence card.
Since my student visa expire soon and I hope to stay in UK. Is it true I need to apply through EEA law?
If I start apply for UK residence card, will I still need to leave when my student Visa expire?
Is there other way that I don’t need to leave but to continue to have legal right to stay?
Thank you in advance!

secret.simon · Post by **secret.simon** » Thu Nov 28, 2019 7:59 am

lichzz wrote: ↑
Thu Nov 28, 2019 4:07 am
Since my student visa expire soon and I hope to stay in UK. Is it true I need to apply through EEA law?

You can apply under the EEA Regulations.

lichzz wrote: ↑
Thu Nov 28, 2019 4:07 am
If I start apply for UK residence card, will I still need to leave when my student Visa expire?

yes. Unmarried/durable partners do not have automatic rights to reside in the UK, until after they get the Residence Card. If you continue to reside in the UK after the expiry of your student visa, you will be illegally resident and that may have implications for any immigration or citizenship applications under UK law.

lichzz wrote: ↑
Thu Nov 28, 2019 4:07 am
Is there other way that I don’t need to leave but to continue to have legal right to stay?

Marry, possibly abroad (Home Office approval for marriage of non-EEA citizens in the UK can take up to 70 days).

sfljiaf · Post by **sfljiaf** » Thu Nov 28, 2019 9:45 am

Just to double check, your EEA partner is male, and you are female? If you were both the same gender, I understand the civil partnership would count as "married". For opposite-sex couples, it's more complicated. There was a court ruling a while ago requiring the government to allow civil partnerships for opposite-sex couples (and I assume thus also to recognise opposite-sex civil partnerships from other countries), but as far as I know this hasn't been implemented yet.

You might still be able to apply for the EEA Residence Card as unmarried partners. If you have lived together for two years you should qualify; and the PACS would surely also be strong evidence for your case, even if it is not legally recognised in the UK. A few questions:
1. Do you have mail to your previous address in Taiwan, addressed to both of you, or mail to each of you separately at that same address? Same for the London address? That is usually the most important kind of evidence for these applications.
2. Do you have a joint bank account?
3. When exactly does your Tier 4 expire? Early January? Late January? I assume you can't get any further extension of the Tier 4, correct? The main issue with the unmarried partners EEA RC is time. The EEA RC application can go through in as little as 4 weeks, but that's the best case scenario, so it would be tight. And as secret.simon points out, as unmarried partners you don't have an automatic right to stay, so if the application takes longer, you would be an overstayer.

Lastly, as secret.simon says, getting married would of course also be an option.

kamoe · Post by **kamoe** » Thu Nov 28, 2019 10:56 am

sfljiaf wrote: ↑
Thu Nov 28, 2019 9:45 am
The main issue with the unmarried partners EEA RC is time. The EEA RC application can go through in as little as 4 weeks, but that's the best case scenario, so it would be tight.

Applying for a EEA Family Permit might not have this isssue. In certain countries it can be as fast as three days.

Depending on your personal circumstances, a time-sensitive option might to go to France or a country where it's easy for you to go, and apply for a EEA Family Permit there. It does not have to be your own country. The application is free and as far as I understand, in most countries is treated in priority. You could then come back with a EEA Family Permit that covers you for 6 months. Obviously, check what are the latest processing times for a Family Permit in that country before you seriously consider this.

Not an option that avoids having to leave the UK, though.

Obie · Post by **Obie** » Thu Nov 28, 2019 12:24 pm

The Settled status scheme was designed to provide smooth transition for people who already have rights under the regulations.

As you do not have rights under the regulations yet, you will need to apply for family permit.

lichzz · Post by **lichzz** » Thu Nov 28, 2019 2:09 pm

secret.simon wrote: ↑
Thu Nov 28, 2019 7:59 am

lichzz wrote: ↑
Thu Nov 28, 2019 4:07 am
Since my student visa expire soon and I hope to stay in UK. Is it true I need to apply through EEA law?
You can apply under the EEA Regulations.

lichzz wrote: ↑
Thu Nov 28, 2019 4:07 am
If I start apply for UK residence card, will I still need to leave when my student Visa expire?
yes. Unmarried/durable partners do not have automatic rights to reside in the UK, until after they get the Residence Card. If you continue to reside in the UK after the expiry of your student visa, you will be illegally resident and that may have implications for any immigration or citizenship applications under UK law.

lichzz wrote: ↑
Thu Nov 28, 2019 4:07 am
Is there other way that I don’t need to leave but to continue to have legal right to stay?
Marry, possibly abroad (Home Office approval for marriage of non-EEA citizens in the UK can take up to 70 days).

As I understand from Gov.UK, the residence card need to be apply with a valid visa still six months remains right? So perhaps the only way for me is to apply family permit. With Christmas coming I think I have to be quick. Any chance that you know if we want to prove our cohabitation before in other country and the documents are not in English, should I find a translator?
Thanks

lichzz · Post by **lichzz** » Thu Nov 28, 2019 2:16 pm

sfljiaf wrote: ↑
Thu Nov 28, 2019 9:45 am
Just to double check, your EEA partner is male, and you are female? If you were both the same gender, I understand the civil partnership would count as "married". For opposite-sex couples, it's more complicated. There was a court ruling a while ago requiring the government to allow civil partnerships for opposite-sex couples (and I assume thus also to recognise opposite-sex civil partnerships from other countries), but as far as I know this hasn't been implemented yet.

You might still be able to apply for the EEA Residence Card as unmarried partners. If you have lived together for two years you should qualify; and the PACS would surely also be strong evidence for your case, even if it is not legally recognised in the UK. A few questions:
1. Do you have mail to your previous address in Taiwan, addressed to both of you, or mail to each of you separately at that same address? Same for the London address? That is usually the most important kind of evidence for these applications.
2. Do you have a joint bank account?
3. When exactly does your Tier 4 expire? Early January? Late January? I assume you can't get any further extension of the Tier 4, correct? The main issue with the unmarried partners EEA RC is time. The EEA RC application can go through in as little as 4 weeks, but that's the best case scenario, so it would be tight. And as secret.simon points out, as unmarried partners you don't have an automatic right to stay, so if the application takes longer, you would be an overstayer.

Lastly, as secret.simon says, getting married would of course also be an option.

Yes we are opposite sex. This is the main issue because before we apply we are not sure about do they recognize it. I have sent mail to them to ask and got really blur reply.

And we don’t have jointed account. Is it useful that we open one now?
I believe we can find some letter that was send to the same address for the first year but not much. As for the one year in UK we have joint Council tax, tenancy agreement and Tenancy Deposit Protection Scheme And brunch of letter send to the same place.
My Tier 4 expires in late January. Should I try to apply before Christmas?

lichzz · Post by **lichzz** » Thu Nov 28, 2019 2:21 pm

Anyone happen to know if some of my prove for relationship documents are not one english, should I translate it with a translator?

lichzz · Post by **lichzz** » Thu Nov 28, 2019 2:22 pm

kamoe wrote: ↑
Thu Nov 28, 2019 10:56 am

sfljiaf wrote: ↑
Thu Nov 28, 2019 9:45 am
The main issue with the unmarried partners EEA RC is time. The EEA RC application can go through in as little as 4 weeks, but that's the best case scenario, so it would be tight.
Applying for a EEA Family Permit might not have this isssue. In certain countries it can be as fast as three days.

Depending on your personal circumstances, a time-sensitive option might to go to France or a country where it's easy for you to go, and apply for a EEA Family Permit there. It does not have to be your own country. The application is free and as far as I understand, in most countries is treated in priority. You could then come back with a EEA Family Permit that covers you for 6 months. Obviously, check what are the latest processing times for a Family Permit in that country before you seriously consider this.

Not an option that avoids having to leave the UK, though.

Yes I am now considering going to Paris to apply EEA family permit. I have checked the process time is around 15 days and can be pay to escalate in 5 days.

iwolga · Post by **iwolga** » Thu Nov 28, 2019 5:48 pm

Yes I am now considering going to Paris to apply EEA family permit. I have checked the process time is around 15 days and can be pay to escalate in 5 days.

Are you sure escalation is possible for EEA FP? I would double check that. I don't think they even had an official price for a priority for this type of visa.

Please note that 15 days are 15 working days and can be longer.

iwolga · Post by **iwolga** » Thu Nov 28, 2019 5:51 pm

lichzz wrote: ↑
Thu Nov 28, 2019 2:21 pm
Anyone happen to know if some of my prove for relationship documents are not one english, should I translate it with a translator?

All shall be in English, yes. There's no requirement though to ask a sworn translator to do it.

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Urgent! Eu settlement unmarried partners

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