EU settled scheme as unmarried partner

hello guys

Am new here and i really help or advise on my application i did, My girlfriend is from Northen Ireland and we been living here in Northen Ireland for the pass 4 year we have two kids. So i applied for the eu EU Settlement Scheme as unmarried partner with my girlfriend who is northen lreland irish and they have refuse my application on the grouds that i dont have resident permit or residncey here in the uk which the rules clealy state that if your partner is from northen Ireland and if not have does documents you can still allplice all you need is to show is evidance that yiour relationship with your partner for 2years. i i have show all this but they just refuse me becos i do not hace residence here.

Does anyone here know what i show do next please thank you.

youngcee wrote: ↑

Wed Dec 08, 2021 11:29 pm

they have refuse my application on the grouds that i dont have resident permit or residncey here in the uk

What do you mean you do not have residency here? What is the status in the UK, on what basis have you been resident here all this time?

There are two things they might be saying here:

1. You do not have documentation under the EEA route as the unmarried partner of a EEA citizen, which can be waived if your partner is from Northern Ireland.

2. You do not have proof of your legal status in the UK. This cannot be waived, you need to prove you have been a legal resident throughout.

Hello

Thank you, Yeah am illegal here but their law is stating that under the northen Ireland rules i can still alpplied even if am illegal here. Thats why am confuse here about they rejecting the application in the bases of me not having any Eu documentation or not have the Home Office registered certificate.

youngcee wrote: ↑

Thu Dec 09, 2021 5:18 pm

Yeah am illegal here but their law is stating that under the northen Ireland rules i can still alpplied even if am illegal here.

As far as I can tell, your understanding is incorrect.

The Appendix EU does spell out that the eligibility for durable partners is conditioned to either have documentation under the EEA route, or otherwise have a lawful base of stay in the UK. It says in subparagraph (aaa) on the definition of "durable partner", eligibility can be fulfilled if the person:

(aaa) was not resident in the UK and Islands as the durable partner of a relevant EEA citizen (where that relevant EEA citizen is their relevant sponsor) on a basis which met the definition of ‘family member of a relevant EEA citizen’ in this table, or, as the case may be, as the durable partner of the qualifying British citizen, at (in either case) any time before the specified date, unless the reason why, in the former case, they were not so resident is that they did not hold a relevant document as the durable partner of a relevant EEA citizen for that period (where their relevant sponsor is that relevant EEA citizen) and they did not otherwise have a lawful basis of stay in the UK and Islands for that period

The blue part is saying that not meeting the definition of family member (which requires either being married or having a EEA document before December 31st 2020) is fine, as long as the yellow part is not true.

The yellow part is saying that the reason of not meeting the definition of family member is both that the applicant doesn't have an EEA document and also does not have any other legal status in the UK.

In other words, I'm afraid, the above paragraph is exactly and specifically written against unmarried partners who have no other legal status in the UK.