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Non EEA Member in partnership with an EEA National

Posted: Tue Jan 28, 2014 4:31 am
by confusd267
Dear Forum,

I have been awarded a residence permit as I have been in a long standing relationship with an EEA national (7 years). I received this permit in September 2011 and the expiry is September 2016, by which time I will be in a position to then apply for Indefinite Leave to Remain. Recently I have discovered that the two 6 month EEA visitor permits prior to that which also count towards that required 5 year mark, so this then theoretically brings forward my application to September 2015.

Unfortunately, my long standing relationship is currently going through a very difficult time, so difficult that we are considering our options. I know that once our relationship has dissolved, my partner needs to then inform the UKBA. Is there any options that we could work with, if I perhaps move out for a couple of months but still remain in the relationship, in order to sort out issues, will this then be ok?

How long do you have before you are required to leave the country? What happens if your partner does not report it to the UKBA? What are the legal ramifications?

What happens if you stay but chose to live in separate accommodation, will this still be ok?

Are there any other options available? returning back to my country is not a great option, it is corrupt and very unsafe.

Any advice will be most appreciated.....

Re: Non EEA Member in partnership with an EEA National

Posted: Tue Jan 28, 2014 5:01 am
by askmeplz82
When did you arrive in the UK?
How long you both married for?
Is your EEA family member working now?
and How long he/she living in the UK?
Is he/she Permanent Resident holder in the UK?

You do not have to live in the same household as the EU national spouse with whom you legally entered the UK under EU law.
You do not have to inform if you are only separated not divorced
You can continue live here in the UK as long as EU national exercising treaty right in the UK ( example : working ) but
under EEA law you apply for PR not ILR

Re: Non EEA Member in partnership with an EEA National

Posted: Tue Jan 28, 2014 5:29 am
by confusd267
When did you arrive in the UK?
09/08/2010
How long you both married for?
Been in a relationship akin to marriage for 7 years, not married
Is your EEA family member working now?
Yes, is an entrepreneur
and How long he/she living in the UK?
5 yeas June
Is he/she Permanent Resident holder in the UK?
Resident holder

You do not have to live in the same household as the EU national spouse with whom you legally entered the UK under EU law.
You do not have to inform if you are only separated not divorced.
we are not married, I am not his spouse but long term partner

You can continue live here in the UK as long as EU national exercising treaty right in the UK ( example : working ) but
under EEA law you apply for PR not ILR. What is the difference and when do I apply after the 5 years?

Re: Non EEA Member in partnership with an EEA National

Posted: Tue Jan 28, 2014 8:43 am
by askmeplz82
If you're unmarried there would be no retained right of residence, the right of residence would lapse if the relationship ends. when a durable relationship breaks down, the non-EEA national cannot rely on the same protection and s/he is no longer recognized as a family member from that point so it will be very hard to get Permanent residency.

If the HO finds out/your partner informs them, they may curtail it.

rights to Permanent Residence start from the Resident card issued date. So you can apply for PR 5 yrs after your Resident card issued date normally ( but you may be right to count from the date you entered the UK ). i will have to check this out because i'm not sure

Do you have children? what you mean by "two 6 month EEA visitor permits" ?


PR : under EEA law

ILR: under UK Law

Re: Non EEA Member in partnership with an EEA National

Posted: Tue Jan 28, 2014 12:23 pm
by confusd267
askmeplz82 wrote:If you're unmarried there would be no retained right of residence, the right of residence would lapse if the relationship ends. when a durable relationship breaks down, the non-EEA national cannot rely on the same protection and s/he is no longer recognized as a family member from that point so it will be very hard to get Permanent residency.

If the HO finds out/your partner informs them, they may curtail it.

rights to Permanent Residence start from the Resident card issued date. So you can apply for PR 5 yrs after your Resident card issued date normally ( but you may be right to count from the date you entered the UK ). i will have to check this out because i'm not sure

Do you have children? what you mean by "two 6 month EEA visitor permits" ?


PR : under EEA law

ILR: under UK Law
Before Obtaining my Residence Documentation, I got two 6 month EEA UK Entry Clearance under the visa type: Visa EEA FP: Family member to acc.... I have been to an immigration solicitor and they have told me those can be included in the 5 year probationary period.

I do not have any children, if I did what will that help?

So it seems my choices are really simple, either move on and leave the UK or stay and try make it work. Quite discriminatory against people who elect to not get married, no rights as a partner.

:(

Re: Non EEA Member in partnership with an EEA National

Posted: Wed Jan 29, 2014 10:48 am
by askmeplz82
still didn't get it why you have two 6 months FP? What was your partner doing that time in the UK? gap between two FP?

Re: Non EEA Member in partnership with an EEA National

Posted: Wed Jan 29, 2014 9:59 pm
by confusd267
They were two temporary 6 months permits I travelled on until I moved here and then applied for a residence permit. Awarded that September 2011.

How does having a child impact ILR? If you have a child do you have entitlement outside of a relationship if unmarried?