Eea settlement refused - any help ?

I applied in Feb 22 after already holding eea permit as durable partner until 2023. Our relationship started in 2016.

Home office sent this as I didn't sent them my cohabitation documents as I already have eea resident permit based on it.

Letter said

Consideration has been given as to whether you qualify for settled status on the basis of
completing a continuous qualifying period of five years’ residence in the UK and Islands.
A five-year continuous qualifying period means that for five years in a row, you were any
combination of the following:
a relevant EEA citizen;
a family member of a relevant EEA citizen;
a family member who retained the right of residence by virtue of a relationship with a
relevant EEA citizen;
a person with a derivative right to reside;
a person with a Zambrano right to reside;
a family member of a qualifying British citizen;
a family member who retained the right of residence by virtue of a relationship with a
qualifying British citizen,
and in the UK and Islands for at least six months in any 12-month period. An exception to
that is one period of up to 12 months absence from the UK and Islands for an important
(for example pregnancy, childbirth, serious illness, study, vocational training or an
overseas work posting or because of COVID-19). Other exceptions due to the impact of
COVID-19 are set out in the definition of "continuous qualifying period” in Annex 1 to
Appendix EU, or an absence of any length:
on compulsory military service; or
on a posting on Crown service, including as a member of HM Forces; or
as a spouse, civil partner, durable partner or child, accompanying a person on
Crown service, including as a member of HM Forces; or
spent working in the UK marine area (as defined in section 42 of the Marine and
Coastal Access Act 2009).
However, the evidence available to us does not show that you have resided in the UK for
five years. Therefore, you do not meet the requirements for settled status based on a
continuous qualifying period of five years

Does that mean I can get settled status even if I don't have current relationship evidence if I send them my continous residence evidence. I have been living in the UK from 2010 and resident card was issued in 2018

Any advice would be helpful

resident card was issued in 2018

Your residence clock for qualifying for settled status starts counting from the date your residence card was issued to you in 2018 as a durable partner. You will only qualify for settled status in 2023.

What is your immigration history between 2010 and 2018 when you received the residence card??

if I don't have current relationship evidence

Are you no longer in this durable relationship??

Unfortunately not we broke up last year

Thing is that I didn't provide full 5 years resident documentation I only provided until 2020.

you not qualify until 2023 for settled status so wait until then. but you broke up so must inform home office. apply for retained rights of residence

how many years you live together in uk as couple since got residence card in 2018?

About 5 and half years before

seekingadvice87 wrote: ↑

Mon Dec 19, 2022 5:01 pm

apply for retained rights of residence

I doubt that Retained Right of Residence applies to durable partners. To the best of my knowledge, it only applies to married couples, of which one partner is an EEA citizen, whose marriage end in divorce.

If the durable partnership has come to an end, I believe that the OP fails the requirements for Settled Status.

Gs7489 wrote: ↑

Sun Dec 18, 2022 11:49 pm

Unfortunately not we broke up last year

In this case you cannot bank on this relationship anymore for further leave under the EU Settlement scheme. Your current pre-settled status won't get curtailed, but it cannot be extended after its expiration date.

As @secret.simon says, retained right of residence does not apply to your case. That is only available for married couples, I am afraid.