Immigrationboards.com

Hi,

First time on here and i'm desperately in need of some urgent advice.

I've lived in the UK for over 14 years. I was issued with a residency card as a family member of an EEA national in May 2011, which was valid until May 2016. My unmarried partner (an EEA national) was exercising treaty rights in the UK at the time. She was recalled by her employers to her home country in April 2015.

I made an in-time application in March 2015 for Further Leave to Remain outside of the rules (FLR(O)) as there are no provisions in place if you don't meet the 5yrs rule and as we were not married (durable relationship),, so a divorce option is not available either.

The application was subsequently refused in June 2015. In other words, discretion was not duly exercised.

In turn my 'right to work' has currently been revoked whist going through the appeals process. The home office states the reason for this as - Section 3C does not apply when switching categories from EEA Application to UK Immigration rules. They claim they are two completely different laws and are not interchangeable.

I have had to stop working whilst a decision on the appeal is pending. Is there something i have missed or should be doing?

Thanks

If you have no partner as qualified person then, as unmarried partner you have no protection under EEA Regulations.

Has partner come back/is partner coming back (to UK)?

A one-off absence due to exceptional reason does not necessarily break continuity of residence under EEA Regs..
Partner would have to have been back within 12 months.
PR clock would then not have been stopped.

My partner isn't coming back to the UK, as she has moved back to her home country.

I decided not to follow.

So does this mean i have no leg to stand on? I don't understand why they issue a Residence Card on the grounds of a durable relationship but make no provision for if or when the said 'durable relationship' breaks down...

jatu5 wrote:My partner isn't coming back to the UK, as she has moved back to her home country.

I decided not to follow.

So does this mean i have no leg to stand on? I don't understand why they issue a Residence Card on the grounds of a durable relationship but make no provision for if or when the said 'durable relationship' breaks down...

Most unfortunate.

'They' issue RCs in line with EU law.
A EFM RC is not a visa. (Its not necessarily valid for the full 5 years).

EFMs have less rights than FMs. EFMs have no ROR option.
Unfortunately you have no rights remaining on EU migration route as you now have no sponsor and have not yet acquired PR.

Thanks Noajthan!

I guess thats why my legal rep advised to apply for the FLR(O) instead.

But in switching from EEA application to Immigration rules, I've lost my right to work! Appeal decision still pending..

Just to be clear, given that i applied whilst my partner was still exercising treaty right in the UK, they still have the right to refuse me the right to work whilst an appeal is pending?

jatu5 wrote:Thanks Noajthan!

I guess thats why my legal rep advised to apply for the FLR(O) instead.

But in switching from EEA application to Immigration rules, I've lost my right to work! Appeal decision still pending..

Just to be clear, given that i applied whilst my partner was still exercising treaty right in the UK, they still have the right to refuse me the right to work whilst an appeal is pending?

My understanding is appeal rights have recently been substantially reduced for EFMs. And unclear what grounds you have to appeal on as you have no sponsor. UK rules (3C and similar) don't apply to EFMs either.

jatu5 wrote:I guess thats why my legal rep advised to apply for the FLR(O) instead.

Under what provisions of the Immigration rules did your legal rep think that you qualify?

vinny wrote:

jatu5 wrote:I guess thats why my legal rep advised to apply for the FLR(O) instead.

Under what provisions of the Immigration rules did your legal rep think that you qualify?

Perhaps 14 years residence or private life?

I've lived in the UK for over 14 years

Private life!

The 14yr rule is now 20yrs I believe.

At 20 years residence, you don't get ILR, you get another 2.5 year FLR(FP) which will need to be extended 4 times to make up 10 years on FLR(FP) before qualifying for ILR.

14 years illegal residence used to be an ILR option

Trying to apply to retain right of residence as my ex-partner and I, although not married lived together for over 4.5yrs in a relationship akin to marriage.

Do you think this is a viable option?

jatu5 wrote:Trying to apply to retain right of residence as my ex-partner and I, although not married lived together for over 4.5yrs in a relationship akin to marriage.

Do you think this is a viable option?

No for the reasons previously explained.

jatu5 wrote:Trying to apply to retain right of residence as my ex-partner and I, although not married lived together for over 4.5yrs in a relationship akin to marriage.

Do you think this is a viable option?

Were you living in the UK lawfully before you married.

I think it was stupid to apply for FLR(O) without seeking adequate advise. I wondered why a lawyer will advise to take than route.

As alluded by others already, no retention of residence for partners.

Have you resided in the UK legally for a continuous period of ten years? If so, would it not make more sense for you to apply for ILR(LR) directly?

No, was on reporting condition. until we met in 2010 and then stated living together 2011