Baitaska wrote: ↑Sat May 16, 2020 8:41 pm
Hi, I am an unmarried partner of EU citizen, we are together for 4 years, 2 years ago we have moved to the UK and started to live together. Currently, I work on a Tier 2 visa. Tier 2 it's quite restrictive in case if I want to change a job or if I lose my current job. So I would like to receive a residence permit as an unmarried partner of EU citizen. In my situation is it better to apply for a residence card as an unmarried partner or for a pre-settled status together with my partner?
I'm afraid in your situation you have no choice but apply for a EEA residence card first, then pre-settled status.
This is the bit that you need to remember:
Unmarried partners who do not already have a EEA-issued card (as in, issued under EEA regulations, so Tier cards like yours do not count) cannot apply to the Settlement Scheme. As you surely have seen, it is spelled out here:
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 EU citizen.
A relevant document here includes:
a family permit
a residence card
Then, regarding your further rationale:
As I understand residence card will be valid only until the end of the year and as it takes time to be produced, it's possible that I will receive it only by the end of the year.
Inconvenience for applicants has never been a reason for the Home Office to make exceptions, so again, I'm sorry to say you have no choice.
For pre-settled status, it seems that I need to present family residence card, which I don't have as I have only Tier 2 residence permit. Is it possible to apply directly to a pre-settled status with Tier 2 permit and add to my application proof of our co-habitation and our relationships?
As said above, no. The point of presenting a family residence card is to prove your relationship to your sponsor. Contrary to a EEA card, your Tier 2 was not issued on the basis of your relationship, thus it does not prove it, so, no,
your Tier 2 card it is not a valid document that can replace a EEA-issued card.
Are there any risks for my current status? For example, in case if I receive a negative decision or while I will wait for the decision, is there a chance that I will lose my current work permit?
Your Tier status is completely independent of the EEA route, since it was issued under UK law and EEA cards are issued under EU law. They are not mutually exclusive and one person can have one of each at the same time.
However: once you are issued a EU Settlement scheme status, I believe your Tier visa will be terminated, since EU status is issued under UK law, and no one can have two permits under UK law at the same time. But I suppose this is not an issue for you, since you will then have a stronger residence permit (not tied to a company, no work restricted). As far as I understand, there is no reason your Tier 2 visa will be terminated in case your EU Settlement scheme application is refused, the only reason for terminating is so that you do not have two valid permits at the same time.
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.
