Immigrationboards.com

Hi all!
I would really appreciate your help as I already read official information but it is still not clear to me.

So the situation:
Came to UK in November 2018 (1,5 years ago), I have a 5-years residence card as EEA unmarried partner (as my partner is EEA national) and we have a common 4 y.o. child (EEA national as well). My partner is self-employed.
In case of separation... in order to stay in UK so we can all live in the same country and share responsibility for the kid can I apply for retained right of residence? (or maybe derivative right of residence?)

In the retained right guidance it is says I can apply for it if "you’re the parent and have custody of a child who has a retained right of residence because they’re in education in the UK". So my question is how exactly I know if my child has retained right of residence?
Also What's "in education" means? Is being in reception class considered "being in education"?

Any relevant information is helpful and appreciated. Thanks!

OlgaN wrote: ↑

Tue May 05, 2020 11:19 am

can I apply for retained right of residence?

No, because retained right of residence only applies to married spouses, not unmarried partners.

You may be able to apply for a derivative right of residence based on your child.

Unsure of whether reception counts as "being in education" and I will leave it for others to answer.

secret.simon wrote: ↑

Tue May 05, 2020 6:05 pm

OlgaN wrote: ↑

Tue May 05, 2020 11:19 am

can I apply for retained right of residence?

No, because retained right of residence only applies to married spouses, not unmarried partners.

You may be able to apply for a derivative right of residence based on your child.

Unsure of whether reception counts as "being in education" and I will leave it for others to answer.

She may apply for Pre settled status under Chen, and could potentially add time spent as unmarried partner towards settled status.

I accept however, that retained right of residence under the regulations is not an option available to the OP.

secret.simon wrote: ↑

Tue May 05, 2020 6:05 pm

OlgaN wrote: ↑

Tue May 05, 2020 11:19 am

can I apply for retained right of residence?

No, because retained right of residence only applies to married spouses, not unmarried partners.

You may be able to apply for a derivative right of residence based on your child.

Unsure of whether reception counts as "being in education" and I will leave it for others to answer.

I know that I don’t have retained right as unmarried partner but do I have it as a parent of a child that has retained right?

Obie wrote: ↑

Tue May 05, 2020 8:58 pm

secret.simon wrote: ↑

Tue May 05, 2020 6:05 pm

OlgaN wrote: ↑

Tue May 05, 2020 11:19 am

can I apply for retained right of residence?

No, because retained right of residence only applies to married spouses, not unmarried partners.

You may be able to apply for a derivative right of residence based on your child.

Unsure of whether reception counts as "being in education" and I will leave it for others to answer.

She may apply for Pre settled status under Chen, and could potentially add time spent as unmarried partner towards settled status.

I accept however, that retained right of residence under the regulations is not an option available to the OP.

I now have pre settled status as unmarried partner.

In the guidance for derivative right the child should be either financially independent (not our case) or child of a former worker in education which is not our case either as my partner is self employed. Feels like it’s a dead end.

OlgaN wrote: ↑

Wed May 06, 2020 8:45 am

my partner is self employed.

Fairly certain that a self-employed person is also a worker.

secret.simon wrote: ↑

Wed May 06, 2020 8:57 am

OlgaN wrote: ↑

Wed May 06, 2020 8:45 am

my partner is self employed.

Fairly certain that a self-employed person is also a worker.

I am not sure that is correct. In some context EU self employed are treated as a worker.

However by definition, a worker has different meaning from a self employed.

Also see Hrabkova

Also
Czop.

In the particular topic on this thread, no it is not possible for a self employed to be treated as employed.

Obie wrote: ↑

Wed May 06, 2020 11:18 am

secret.simon wrote: ↑

Wed May 06, 2020 8:57 am

OlgaN wrote: ↑

Wed May 06, 2020 8:45 am

my partner is self employed.

Fairly certain that a self-employed person is also a worker.

I am not sure that is correct. In some context EU self employed are treated as a worker.

However by definition, a worker has different meaning from a self employed.

Also see Hrabkova

Also
Czop.

In the particular topic on this thread, no it is not possible for a self employed to be treated as employed.

Yes, this is what I was talking about(( Thanks for info anyway.

I also looked up Chen case and it seems it doesn't apply to use either. As in order to get it I should be the primary carer or share a custody with someone who has not a right to reside in UK which is not our case as in case of separation we d have a shared custody between two of us and my partner has a right to reside. We are in a dead end again.

Chen does apply to you, as you have an EU child whom you are looking after.

Obie wrote: ↑

Wed May 06, 2020 11:40 am

Chen does apply to you, as you have an EU child whom you are looking after.

This is from Chen cases guidance:

12. Where a person shares responsibility equally with another person who has a right of residence in the UK, for example because they are settled, a British citizen, or has another right to remain in the UK under the Immigration Rules or Regulations, then the person claiming a derived right of residence would not meet the definition of primary carer as set out in 15A(7).

That's why I think it doesn't apply to me.

Hi everyone!

I'm in a relationship with a eu national, but we are going to separate. I was going to apply for Chen (as we have a child) but now I see there was a new law in January that equalised opposite sex civil partnership and same sex civil partnership. We signed "pareja de echo" (spanish equivalent) back in Spain 4 years ago and we've been living here for almost 2 years so technically I'm eligible for retained rights as same sex civil partners are eligible and now it is equalised.

now the question is:

1) is there anyone who tried this? As I checked all the info on the gov website and the guidances etc. Anywhere it says explicitly smth like "now opposite sex civil parters can apply for retained rights". Do you know about any cases like this. or any information about it. Any help is appreciated.

2) I think it might be a topic for a new thread but will still ask. I have a biometric card and pre-settled status. In case I apple for retained right should I apply after the separation or wait and apply in the end of 5 years. I've seen some controversial information. If now, is it online? will I need to change my biometric card?...

Thank you everyone!

Opposite sex "pareja de hecho" from either Galicia or the Basque country in Spain are recognised in the UK. Where in Spain was your "pareja de hecho" conducted?

secret.simon wrote: ↑

Wed May 27, 2020 5:28 pm

Opposite sex "pareja de hecho" from either Galicia or the Basque country in Spain are recognised in the UK. Where in Spain was your "pareja de hecho" conducted?

Galicia