EEA2 possible break up - options to remain in the UK?

[mcd2016]

Hi, thanks for taking the time to read this post.

I have been in the UK for 10 years (the first 6 with a student visa, the remaining 4 with an EEA2 card as the non-married partner of a EU national with whom I've stayed in a long-term relationship of 12 years, so we came to the UK together back in 2006). My EEA2 card expires in May next year and it's likely that my partner and I will break up before then as we've been having lots of difficulties.

Once my EEA2 card expires (May 2017), what options do I have to remain in the UK?

(I've been working full-time since 2012 and part-time since 2006. I'm 33, no kids. My current job is ending at the end of this year)

Many thanks for your help!

Zoe

[noajthan]

Hi, thanks for taking the time to read this post.

I have been in the UK for 10 years (the first 6 with a student visa, the remaining 4 with an EEA2 card as the non-married partner of a EU national with whom I've stayed in a long-term relationship of 12 years, so we came to the UK together back in 2006). My EEA2 card expires in May next year and it's likely that my partner and I will break up before then as we've been having lots of difficulties.

Once my EEA2 card expires (May 2017), what options do I have to remain in the UK?

(I've been working full-time since 2012 and part-time since 2006. I'm 33, no kids. My current job is ending at the end of this year)

Many thanks for your help!

Zoe

Sadly, unmarried partners have few or no options after such a separation unless you can switch to a viable UK immigration route;
10-year LR comes to mind - you would have to dig into that: https://www.gov.uk/long-residence/overview

This is because...

If the relationship is terminated at any point during the five years immediately before permanent residence, then the durable partner no longer has a right of residence.

See HO guidance on this vital matter:
https://www.gov.uk/government/uploads/s ... _clean.pdf
- ref page 23+

[CR001]

Do you think you partner will cooperate and provide you with all the 'exercising treaty rights' documents for the 4 years you have had a residence card?

If so, you could perhaps look at applying for ILR based on 10 years long residence using form Set(LR) and paying the high fee.

[noajthan]

Alternatively, can you hang on for a year in some semblance of a relationship & then shoot for confirmation of PR?

[mcd2016]

Hi all, many thanks for the very helpful replies. May I ask what 'a semblance of a relationship for a year' might involve in terms of evidence?

Also what form would I need to use to go from EEA2 to PR? Is Set (LR) the same than PR in terms of benefits and rights, or I would be more convenient to get PR than Set (LR). Many thanks!!!

[CR001]

EEA route to PR info in link below

https://www.gov.uk/apply-for-a-uk-resid ... dence-card

PR and ILR are essentially the same end result and both can be lost if absence from the UK for 2 or more years. The main differences between the two are as follows :

PR
Applied/Granted under the EEA/EU route.
Costs £65

ILR
Applied and granted under the UK immigration rules.
Costs £1,875 for a postal application or £2,375 for an in person, same decision appointment.

[noajthan]

Hi all, many thanks for the very helpful replies. May I ask what 'a semblance of a relationship for a year' might involve in terms of evidence?

Also what form would I need to use to go from EEA2 to PR? Is Set (LR) the same than PR in terms of benefits and rights, or I would be more convenient to get PR than Set (LR). Many thanks!!!

Well it may help to know that (under EU law) you don't necessarily have to be co-habiting. Ofcourse its easier to produce evidence if you are.

You would need the usual evidence of residency in UK & of a relationship:

• letters/documents;
  tenancy or housing details;
  utility bills;
  official correspondence from various bodies/agencies;
  few photos;

& etc.

The form for confirmation of PR is EEA (PR) on Gov UK website.

[mcd2016]

Many thanks for this very helpful information! Great board!