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Please keep in mind that being in a relationship does not in itself automatically qualifies one as "durable partner" for the unmarried partner route. Please read this post.
You are right in wondering if she's eligible... but for the wrong reasons.- We cannot figure out what the correct route is for her to apply. The family route seems to require that I be "Settled" (as opposed to pre-settled). And we don't think she is eligible for the EU Settlement family permit because she already is in the UK.
The difficulty might be that your partner does not have a EEA-issued Residence Card, and now cannot get one since EEA RCs have been now phased out. The guidance texts have evolved continuously since the end of last year and it is not 100% clear if, as of today, a non-EU unmarried partner needs a EEA Residence Card to succeed an unmarried partner application to the EU Settlement Scheme.If you’re the family member of an EU, EEA or Swiss citizen
You can apply as the family member of an EU, EEA or Swiss citizen if they started living in the UK by 31 December 2020.
So I am afraid there is no guarantee of success if your partner applied to the EU Settlement Scheme without a EEA Residence Card. Not impossible, though.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.
A relevant document here includes:
- a family permit
If you’re the unmarried (durable) partner of a person of Northern Ireland, you’re unlikely to have a relevant document.
- a residence card
If you do not have a relevant document, you’ll need to show evidence:
- of your relationship to your unmarried (durable) partner
- that your relationship existed by 31 December 2020
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.
- that your relationship continues to exist on the date you apply
Evidence that you had lived together for at least 2 years by 31 December 2020:
- bank statements or utility bills in joint names at the same address
- residential mortgage statement or tenancy agreement in joint names
Evidence of joint finances, business ventures or commitments for at least 2 years by 31 December 2020:
- official correspondence that links you at the same address
Evidence of joint responsibility for a child by 31 December 2020:
- tax returns, business contracts or investments
- the child’s birth certificate which names both parents
The evidence will need to show that you’re still the unmarried (durable) partner of the EEA or Swiss citizen or the person of Northern Ireland, or that you are now their spouse or civil partner.
- a custody agreement showing that you’re living together and sharing parental responsibility
Apply for an EU Settlement Scheme family permit
You must apply online for an EU Settlement Scheme family permit.
You must be outside the UK to apply.
There’s no deadline for applications.
You can apply to remain in the UK as the family member, partner or child of a:
- British citizen
person settled (with indefinite leave to enter or remain) in the UK
person with pre-settled status under the EUSS in the UK
person who has refugee leave or humanitarian protection in the UK
person who has leave as a Turkish ECAA worker or business person in the UK
- I am a British citizen
I am settled in the UK (I have indefinite leave)
I have leave to remain in the UK as a refugee / or as a person requiring humanitarian protection
It is indeed not convenient, and possible only if her employer is flexible enough to let her work abroad for a few weeks (the FP is a 6-month entry permit and as such how long this takes depends on the country of application, but it is usually much faster than long-term permits).
You don't have to have children or have business ventures together to qualify. Joint tenancy/mortgage and bank accounts are enough evidence of your joint financial commitments.On the qualification for 'durable' partner:
Fair point, but I think we have a good chance of qualifying for this (joint accounts, joint mortgage, shared address for 4+ years). Only thing we don't have going for us are children and a joint business!
That is not the right route. That is the route for all other nationalities, not EU nationals. You can apply through that route, but it is much more expensive. What's sad is that the Home Office will not let you know you have made a mistake and would let you apply regardless of the fact that the EU Settlement Scheme is a free alternative for you.On the family route:
I don't think we were actually looking at the EUSS for her but at an "application to remain in the UK on the basis of family life or private life" - https://www.gov.uk/uk-family-visa/partner-spouse; https://visas-immigration.service.gov.u ... ily-routes
This route does not seem to require an EEA residence card, or did I miss something?
Inconsistent indeed. I think, at the end of the day what matters is that both applicants apply. And that the dependant adds the application number of the sponsor, so both applications are linked.That being said the website is inconsistent with the application form on the sponsor's Pre-settled status. It states:
You can apply to remain in the UK as the family member, partner or child of a:
- British citizen
person settled (with indefinite leave to enter or remain) in the UK
person with pre-settled status under the EUSS in the UK
person who has refugee leave or humanitarian protection in the UK
person who has leave as a Turkish ECAA worker or business person in the UK
Yet, when completing the application, the forms requires that the sponsor selects one of the following:
- I am a British citizen
I am settled in the UK (I have indefinite leave)
I have leave to remain in the UK as a refugee / or as a person requiring humanitarian protection
I doubt she will get Settled status immediately, why do you think that is the case?On the EUSS:
I suppose we could take a chance and apply for this one instead as it gets her a Settled status immediately while she would have to wait a few years via the family route above
No, it will only be affected/cancelled if the application is successful, since she can't have two visas at the same time. If it is unsuccessful, no impact.Can I just check that if her application is declined it wouldn't impact her current Tier 2 visa situation? I don't think it does but just double-checking!
I want to paraphrase a bit my last sentence here, since that is not true. The EU Settlement is convenient as it is free, but it's not her only option.