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Retained rights

Posted: Wed Feb 12, 2020 1:23 am
by R1984
Hi,
I stayed in this country since 2006 (UK student visa) and 2011 I have applied for dependant of a EE national and got the visa in 2013. 2 years fighting with home office then court accepted my application which was 5 year visa (civil partnership until 2018).

2018 I applied for ILR on the basis of 10 years long resident of the country. I couldn’t go with 5 year EE route because of some personal issues with my partner. Still I could prove my partner was seeking treaty rights. I had his employment history from the HMRC.

Home office rejected the application and court rejected too after my appeal on the ground of new law called “ Aybangbee” (which says my 10 year continues stay is broken on 2011 to 2013 thats 2 year gap) now I have made a new application for retained rights of a EE family member. Its been 2 month they havent taken the application fee.

I am still confused with my application dont know I am eligible for it!
I am not married to my partner and we are separated now.
Any one in similar situation? Or any one know more about it? Please share

Re: Retained rights

Posted: Wed Feb 12, 2020 10:27 am
by secret.simon
When and where did you enter the civil partnership? When and where did you get divorced? What are your nationalities and those of your former civil partner?

Re: Retained rights

Posted: Thu Feb 13, 2020 12:27 am
by R1984
Im from India and my partner is spanish national.
We made the application on 2011 and court agreed after the appeal and obtained visa on 2013. As we are not married or divorced. But ended the relationship by 2017 but its not officially declared
Thanks

Re: Retained rights

Posted: Fri Feb 14, 2020 10:53 pm
by secret.simon
Are you a civil partner (equivalent to a spouse; there would likely have been a ceremony in a registrar's office) of the Spanish national? Or are you a durable partner (you've lived together, but are neither married nor civil partnered)? The rules about the two are quite different.

If you are a civil partner, what was the date of the civil partnership ceremony? Was it before or after your Tier 4 visa had expired?