Resident card as Unmarried Partner

Hi
I hva been reading this forum for a while and I find it helpful. I applied for a resident card on October 2011 as an unmarried partner of french citizen and I did it through a solicitor. In November the HO requested proof of durable orelationship which we provided. In January I received a Coa stating that they cannot confirm my right to work and. My solicitor tells me that I have the right to work and has sent some letters to HO but still no replied from them. ( I had a PSW visa that expired on October just after I submitted my application).
Please I need help. Has anybody experienced it before. What can I do to as my employer stopped me from working. Is it a bad or good sign.

Thanks for ur help

See also Policy on Section 3C leave and EEA applications and AB & Anor v Home Office [2012] EWHC 226 (QB) (16 February 2012) (unmarried partners' rights, damages).

Official , Section 3C don't Apply to Residence Card Apps

My solicitor tells me that I have the right to work

Your solicitor is entitled to his/her opinion, but I disagree!

The point is this. If you were within the definition of "family member" then indeed your solicitor would be right. For such persons the issue of a Residence Card is merely confirmatory, of rights already possessed, and those rights include the right to work.

However you are, hopefully, within the definition of "extended family member" but the ability to use Treaty Rights in that way it not automatic, and needs to be confirmed by the issue of a Residence Card. As I understand it, at this moment in time UKBA are considering the evidence of "durable relationship", and hopefully they will agree that you are within the definition of "extended family member" and will issue a Residence Card to you. Until then you have no Treaty Rights to exercise.

John wrote:

My solicitor tells me that I have the right to work

Your solicitor is entitled to his/her opinion, but I disagree!

The point is this. If you were within the definition of "family member" then indeed your solicitor would be right. For such persons the issue of a Residence Card is merely confirmatory, of rights already possessed, and those rights include the right to work.

However you are, hopefully, within the definition of "extended family member" but the ability to use Treaty Rights in that way it not automatic, and needs to be confirmed by the issue of a Residence Card. As I understand it, at this moment in time UKBA are considering the evidence of "durable relationship", and hopefully they will agree that you are within the definition of "extended family member" and will issue a Residence Card to you. Until then you have no Treaty Rights to exercise.

Thank you very much for your reply. I guess what I have to do is wait and hope. However and I m not very positive that the Resident card will be issued as my partner and I have not satisfied the 2years cohabitation. we have been living together for only 6 months and provided joint bank statements, joint bills and joint tenant lease, pictures, letters from freinds, his payslips, councils tax with both names. Have ever came accross such case and has the RC being issued.

The problem is that the term "durable relationship" is not defined in the EU Treaty. It is up to each EU Government to reach their own definition about what it means, and the UK has determined that it means the couple have to have lived together for at least two years.

So I think it is extremely doubtful that UKBA will agree the application for a Residence Card, indeed I am amazed that your solicitor gave you any hope at all in the matter.

But do you intend to appeal, and get the issue aired before a Tribunal? It certainly needs to be tested, as to whether the UKBA policy is in any way reasonable.

John wrote:

My solicitor tells me that I have the right to work

Your solicitor is entitled to his/her opinion, but I disagree!

As vinny pointed out, I believe your solicitor believes that section 3C protection is in place. This protection is in cases that you apply for a new visa before your visa expire. In these cases, you status (even if the visa expires) is not changed until the HO make a decision on the new application. However, this protection is not applicable for applications under EEA regulations. It is applicable if you would have made another Tier-1 application for example.

John wrote:The problem is that the term "durable relationship" is not defined in the EU Treaty. It is up to each EU Government to reach their own definition about what it means, and the UK has determined that it means the couple have to have lived together for at least two years.

So I think it is extremely doubtful that UKBA will agree the application for a Residence Card, indeed I am amazed that your solicitor gave you any hope at all in the matter.

But do you intend to appeal, and get the issue aired before a Tribunal? It certainly needs to be tested, as to whether the UKBA policy is in any way reasonable.

Yes I do but I dont nkow if it is worth it. I have heard that sometimes 6 MONTH is enough when u applied with a non british citizen partner as long as they are in the a member of EU. But i am so confused and the fact that im not working now does not give me any hope. Another pb is that it takes months and months for them to process the application.

The UK govermnent cannot have its cake and eat it.

On the one hand, they say they imposed the 2 years rule for durable partners to ensure they are treated in the same way as spouses of British National.

However this is a perfect example of difference in treatment which was mentioned in Reed vs Netherland, between national of a state and EU national.

If you were an unmarried partner of a British, you will be allowed to work, but you are being disadvantaged because you are an unmarried partner of a European Union national.

This is surely in violation of EU law, and such discrimination is wholly unacceptable under community law.

Obie wrote:You UK govermnent cannot have its cake and eat it.

On the one hand, they say they imposed the 2 years rule for durable partners to ensure they are treated in the same way as spouses of British National.

However this is a perfect example of difference in treatment which was mentioned in Reed vs Netherland, between national of a state and EU national.

If you were an unmarried partner of a British, you will be allowed to work, but you are being disadvantaged because you are an unmarried partner of a British national.

This is surely in violation of EU law, and such discrimination is wholly unacceptable under community law.

Hi and thanks for ur reply
Do you mean there is a possibility for me to work. if yes what can i do about it.

If you were an unmarried partner of a British, you will be allowed to work .....

But surely not while the application for a UPV is being processed!

In the context of Section 3c, yes he certainly would, as he applied before his leave expired. He is only in this position because his partner is not British, this cannot be right, as OP has no means to remedy the situation.

John wrote:

If you were an unmarried partner of a British, you will be allowed to work .....

But surely not while the application for a UPV is being processed!

if she had switched under the immigration rules from PSW to unmarried partner of a British citizen/settled person then she would continue to have the right to work as s/he would be covered by section 3c, I don't believe it is a violation of EU law though.

Greenie, would you kindly explain how you came to the conclusion that the difference in treatment is not discrimination. I might be wrong.

For the benefit of other, please see Reed vs Netherland.

John wrote:

My solicitor tells me that I have the right to work

Your solicitor is entitled to his/her opinion, but I disagree!

The point is this. If you were within the definition of "family member" then indeed your solicitor would be right. For such persons the issue of a Residence Card is merely confirmatory, of rights already possessed, and those rights include the right to work.

However you are, hopefully, within the definition of "extended family member" but the ability to use Treaty Rights in that way it not automatic, and needs to be confirmed by the issue of a Residence Card. As I understand it, at this moment in time UKBA are considering the evidence of "durable relationship", and hopefully they will agree that you are within the definition of "extended family member" and will issue a Residence Card to you. Until then you have no Treaty Rights to exercise.

Hi I cant beleived it but I got my RC and my lawyer received it yesterday.
Thank you very much for your support.

Hi there congrtulations!!! Great news.i am about to submit my application as a unmarried partner for eea2 wonder if you could tell me what documents and how many of each u send? me and my partner only been living together 14 months and we been together for 2.5 years.did u prove 2 year co hab?sorry for asking too many questions im sure u know how i feel.thank you very much.

angel25 wrote:Hi there congrtulations!!! Great news.i am about to submit my application as a unmarried partner for eea2 wonder if you could tell me what documents and how many of each u send? me and my partner only been living together 14 months and we been together for 2.5 years.did u prove 2 year co hab?sorry for asking too many questions im sure u know how i feel.thank you very much.

hi
sorry for my late answer. actually my prtner and I had only been leaving for 2months as he had just moved in uk from france ( although we have been together for mpre than 2years) when we submitted the application which is why i was surprised because i didnt think I had a chance. Anyway we submitted joint electricity, gas and telphone biils, joint bank statements, joint tenancy agreement, joint council tax, pictures of us, all dated fron the time we started living togethr. a letter from a freind stating that we have been together for more than 2years. my partner employement contract and his payslips. I dont nkow if it helped but we gave notice to get married and submitted the document they gave us at the register office. we had a solicitor too.

We submitted the application in october and in december the Home office requested more evidences. we submittted the latest biils and bank statement we had.

Hope it will help.

than you for the reply .it all helps i just submitted my eea2 as a unmarried partner today.i ve included joint tenancy,joint gas electricity,joint council tax and joint bank statement.ive also sent some pictures and statements from us.we've only been living together 15 months.we have been together more than two and a half years.fingers cross it will be ok.thanks again and all the best for you.

i applied for RC back in 2010 as unmarried to my EU-partner , but i was given a COA with doesnt allow me to work then, and after few months my application was refused based on EU ID CARD validity.
i immediately re-applied with corrections and within 3weeks i got COA allowing me to work and the folLowing week i got my RC.
at 2nd attempt , all took jst 1mnth.
so i think sometimes UKBA jst issue COA which ever way they view apllications.
i have read it here few times that some married applicatnts didnt get COA which allows to work, but after they complain to ukba, they later got the COA to work.