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Unmarried partner right of Retention! !
Posted: Sat Apr 14, 2018 3:52 pm
by fridrik2
Hi
I was partnership unmarried from 04/2013 with EEA Spanish so we come to uk 2015 ..we get separation 04/217
Igot all paper work self-employed from 2015 till 2018.
I applied for retention 10/2017 I got refuse in 01/2018 (no ID)
Applying fresh application 03/2018 .
My solicitor he did all . And I got COA ...
I still wait
I have got with her some emails explaining she don't want to give me her ID
So my question
What HO they will say in this proof now?
Re: Unmarried partner right of Retention! !
Posted: Sat Apr 14, 2018 6:25 pm
by secret.simon
Unmarried partners do not have a right of retention. It is restricted to marriages that break down.
Re: Unmarried partner right of Retention! !
Posted: Sat Apr 14, 2018 6:34 pm
by Obie
Not sure why i have been notified of this post when i have never contributed to it, perhaps it was linked to another post.
RE : Secretsimon.
In the generality of cases, and especially cases like the one here, you are rights.
However in circumstance where Durable partner faced domestic violence, I have successfully argued, that they should be able to retain a right of residence, just like the unmarried partner of a British Citizen.
This solicitor is clearly leading this individual along the wrong path. He will not be able to retain a right of Residence.
Re: Unmarried partner right of Retention! !
Posted: Sat Apr 14, 2018 7:16 pm
by CR001
Obie wrote: ↑Sat Apr 14, 2018 6:34 pm
Not sure why i have been notified of this post when i have never contributed to it, perhaps it was linked to another post.
Sorry that was me as user tagged onto another topic you had offered advice on and I forgot to state I split the post to its own topic.
Re: Unmarried partner right of Retention! !
Posted: Sat Apr 14, 2018 7:39 pm
by secret.simon
Obie wrote: ↑Sat Apr 14, 2018 6:34 pm
RE : Secretsimon.
In the generality of cases, and especially cases like the one here, you are rights.
However in circumstance where Durable partner faced domestic violence, I have successfully argued, that they should be able to retain a right of residence, just like the unmarried partner of a British Citizen.
This solicitor is clearly leading this individual along the wrong path. He will not be able to retain a right of Residence.
Thank you for the clarification,
Obie. I also realised another exception after I posted; if the OP is in a registered same-sex partnership, equivalent to a civil partnership, I presume that retention of right of residence would still apply. Would I be correct in that interpretation?
Re: Unmarried partner right of Retention! !
Posted: Sat Apr 14, 2018 10:10 pm
by Obie
CR001 wrote: ↑Sat Apr 14, 2018 7:16 pm
Obie wrote: ↑Sat Apr 14, 2018 6:34 pm
Not sure why i have been notified of this post when i have never contributed to it, perhaps it was linked to another post.
Sorry that was me as user tagged onto another topic you had offered advice on and I forgot to state I split the post to its own topic.
No need to apologise char, you did precisely the right thing. Was just puzzled that all.
Re: Unmarried partner right of Retention! !
Posted: Sat Apr 14, 2018 10:14 pm
by Obie
secret.simon wrote: ↑Sat Apr 14, 2018 7:39 pm
Thank you for the clarification,
Obie. I also realised another exception after I posted; if the OP is in a registered same-sex partnership, equivalent to a civil partnership, I presume that retention of right of residence would still apply. Would I be correct in that interpretation?
I agree, provided the registered partnership is recognized in UK law as equivalent to a Marriage. Otherwise retention cannot be derived from it.
I think in the UK, same sex partnership appears to have more rights in that only they can choose to do marriage or enter into a civil partnership, both of which confer similar advantage under the directive and regulation.