EU settlement scheme rights

[Loulou65]

Hi guys,

Great news about the Irish woman who won her case for the EU settlement scheme.

I, myself, have come over to the UK to live in Northern Ireland with my partner. I have a UK Spouse/Partner visa and have been living and working here since May 2018. Me and my partner now wish to apply to the EU settlement scheme as it's A LOT cheaper and easier than going the UK route. Can anyone tell me how and where to apply and what documents are needed? Can I apply even though my visa is valid until February 2021 or do I need to wait? Thanks for your help.

[kamoe]

I have a UK Spouse/Partner visa and have been living and working here since May 2018.

What's your partner's nationality and why do you have a UK spouse/Visa? And can you confirm whether you are married?

[Joadmi]

I have a UK Spouse/Partner visa and have been living and working here since May 2018.

What's your partner's nationality and why do you have a UK spouse/Visa? And can you confirm whether you are married?

Partner would be a dual Irish/British citizen as born in the North of Ireland.

[kamoe]

Partner would be a dual Irish/British citizen as born in the North of Ireland.

That's only an assumption until the OP confirms.

[Joadmi]

Partner would be a dual Irish/British citizen as born in the North of Ireland.

That's only an assumption until the OP confirms.

Yes, but the OP did say,

Great news about the Irish woman who won her case for the EU settlement scheme.

[kamoe]

Yes, but the OP did say,

Great news about the Irish woman who won her case for the EU settlement scheme.

They did not.

Again, we can all well assume that the partner is British and born in Norther Ireland (of course that is my assumption, but before I engage in sharing my opinion here I'd like a kind confirmation of my assumptions, this is but basic standard practice). Their partner's nationality was never actually explicitly said by the OP.

And since the fact whether they are married or not is also not clear, we need the OP's input, and it is crucial that we do not add more to this until the OP comes and confirms these two key pieces of information.

[Joadmi]

Yes, but the OP did say,

Great news about the Irish woman who won her case for the EU settlement scheme.

They did not.

Again, we can all well assume that the partner is British and born in Norther Ireland (of course that is my assumption, but before I engage in sharing my opinion here I'd like a kind confirmation of my assumptions, this is but basic standard practice). Their partner's nationality was never actually explicitly said by the OP.

And since the fact whether they are married or not is also not clear, we need the OP's input, and it is crucial that we do not add more to this until the OP comes and confirms these two key pieces of information.

Give the condescending overtones a break, for heaven's sake. Also, you might want to brush up on your English comprehension problems, while you're at it.

FYI the OP DID actually say the below:

Great news about the Irish woman who won her case for the EU settlement scheme.

[kamoe]

Give the condescending overtones a break, for heaven's sake.

You seem offended. Conveying condescendence was not my intention, so I apologise if my words created room to believe that. I'm just explaining why I believe it is necessary for the OP to give us some further input, that's all.

Also, you might want to brush up on your English comprehension problems, while you're at it.

One does not reach the invitation-only status of Respected Guru in this forum if one has English comprehension problems

FYI the OP DID actually say the below:

Great news about the Irish woman who won her case for the EU settlement scheme.

What I hoped I conveyed was that by saying the sentence above, the OP is not really saying their partner is also from Northern Ireland.

Of course, this can be assumed, and in all likeliness is the case, but as I explained, I'm not confident assuming something as key as a nationality in immigration matters. Since the OP does need to clarify if they are married (their options are reduced if they are not), I thought we might ask them well as to clarify what the nationality is.

[Loulou65]

Hello,

My partner has dual Irish/British citizenship. I am Canadian. We are not married yet. We have tried a few times but, the first time we were told both by the Registrar and Home Office that we couldn't get married in the UK because of the visa I hold (which I never understood why) and the second time, we were set to go get married in Canada and then COVID happened. I had orignally applied for a fiancee visa but was refused (by our own fault). We appealed the decision and were instead granted a Spouse/Partner visa. I have the right to work and live in the UK with that visa but not entitled to benefits. Now my question is, do we BOTH need to apply for the EU settlement scheme or just me?

[Br28016]

Requirement is that partner was born in N Ireland. That is the key requirement.

If not born in N Ireland will need to have been exercising treaty rights or had irish citizenship then naturalised as british.

As of 24th August on that basis you can apply for eu settlement scheme. Not 100% sure but think your partner can apply as will meet definition of eea citizen but does not need to and may also be rejected as they have British citizenship and seem to remember that was a big no for applying to settlement scheme. If your partner can apply then probably worth doing as potentially if sucessful gives the link to to your application as partner. Last time I checked rules I'm sure it specifically excluded me applying as had British citizenship as well as Irish citizenship. But as I said on 24th August I become a relevant person of N Ireland (Born in N Ireland) and situation may change.

Waiting myself for 24th August to get wife's application in along with step children and do switch so hope it all goes well.

Requirement to get married if here on visit is marriage visit visa (have to leave aftrr gettting married) or fiancee visa To can apply for settlement visa within Uk). It on normal visitor visa then referred to home office who can object which is I suspect whst happened

[Loulou65]

Requirement is that partner was born in N Ireland. That is the key requirement.

If not born in N Ireland will need to have been exercising treaty rights or had irish citizenship then naturalised as british.

So, if I understand correctly, if my partner was born in NI, he can apply for EU settlement scheme as well, after the 24th August and link his application to mine? It's all very confusing.. I thought it would be easier than going the normal UK visa route.

[Br28016]

He does not have to - only you but may be easier. Process and info required as I understand it is considerably less and less stressful than UK fiance visa or UK spouse visa. If you have completed one of those should be ok. Probably good to have marriage certificate before applying.

eea-route-applications/anxious-regardin ... 02290.html

Link above is similar case and just been sucessful although partner in this case identified as Irish only so not sure if that was a factor in success before 24 August.

They may be able to provide more details on what was required.

[Loulou65]

Hello,

I've submitted my application for the EU settlement scheme on 24/08/2020 as an unmarried partner. I still haven't heard anything back from them. I submitted more documents (bank statements, utility bills) on 19/10/2020. Since then, I've called them about once every few weeks and all they're telling me is that they have everything they need and I should get a decision soon(they've been telling me this since October). Now I'm getting worried... What are the reasons why I would get refused? I have unpaid taxed in Canada (which I wanted to deal with pre-pandemic, but haven't been able to). Would that stop me from getting the visa? My partner visa expires on 02/02/2021 and I'm scared I will have to quit the job I've had since 2018. Please, any help, advice or comments would help.

Thank you

[Loulou65]

Hello, I am presently in the UK under a Spouse/partner visa. I have been here since 2018 and have been working the same job since then, so over 2 years. Now my visa expires on 02/02/21. I have applied for the EU Settlement scheme on 24/08/2020 but haven't heard anything back. I've contacted them quite a lot but all they're telling me is there's no outstanding documents and you should hear soon. Ive lodged a complaint with them before Christmas. Now my question is, can i retain the right to work while waiting for a decision on the EU Settlement or is it possible to have an extension on my current visa? I dread having to quit my job in any situation but especially with the Covid situation at the moment. Thank you for your help

[CR001]

Hello, I am presently in the UK under a Spouse/partner visa. I have been here since 2018 and have been working the same job since then, so over 2 years. Now my visa expires on 02/02/21. I have applied for the EU Settlement scheme on 24/08/2020 but haven't heard anything back. I've contacted them quite a lot but all they're telling me is there's no outstanding documents and you should hear soon. Ive lodged a complaint with them before Christmas. Now my question is, can i retain the right to work while waiting for a decision on the EU Settlement or is it possible to have an extension on my current visa? I dread having to quit my job in any situation but especially with the Covid situation at the moment. Thank you for your help

1. Topics merged.

2. As an unmarried partner, you won't have any rights once your current visa issued under the UK immigration rules expires.

[kamoe]

Requirement is that partner was born in N Ireland. That is the key requirement.

If not born in N Ireland will need to have been exercising treaty rights or had irish citizenship then naturalised as british.

So, if I understand correctly, if my partner was born in NI, he can apply for EU settlement scheme as well, after the 24th August and link his application to mine? It's all very confusing.. I thought it would be easier than going the normal UK visa route.

Is he or is he not a person from Northern Ireland? This is a key element, and you have not clarified if it is the case. If he isn't, your application to the EU Settlement Scheme might not be successful. Unmarried partners without prior EEA documentation can only apply to the EU Settlement Scheme if their partner is from Northern Ireland.

[kamoe]

I've submitted my application for the EU settlement scheme on 24/08/2020 as an unmarried partner(...) Since then, I've called them about once every few weeks and all they're telling me is that they have everything they need and I should get a decision soon(they've been telling me this since October).

Then why do you keep calling? I have not heard a single case of anyone obtaining an actual answer from calling the EU Resolution centre asking for updates. It's all canned answers.

Now I'm getting worried... What are the reasons why I would get refused?

If you are not eligible you will get refused. Is your partner from Northern Ireland, yes or no? If he isn't you will be refused.

I have unpaid taxed in Canada (which I wanted to deal with pre-pandemic, but haven't been able to). Would that stop me from getting the visa?

Completely irrelevant.

My partner visa expires on 02/02/2021 and I'm scared I will have to quit the job I've had since 2018. Please, any help, advice or comments would help.

When are you getting married? With no visa or permit, and no marriage certificate, no, you do not have an automatic right to work.

[Loulou65]

Kamoe,

Yes my partner has dual Irish/British nationality. We have tried to get married several times but it has never worked out. The last time was right before COVID and since then, it's impossible to get a date for a wedding. I am currently on a partner visa and have the right to work in the UK. I've had a job for the past 2+ years. I was just wondering if there was a way to get an extention on my current visa, which gives me the right to work in the UK, while waiting for a decision on the EU settlement. I am residing in the UK and hold a visa for it until 02/02/2021. I know I have the right to remain in the UK until a decision.

[CR001]

It is not about simply holding dual Irish/British citizenship. What we have been trying to establish is if your partner was born in and from northern ireland.

[Loulou65]

Yes my partner was born in Belfast and lived there his whole life, still does now.

[Obie]

If what you are saying is correct, then you will benefit from section 3C rights whiles the application is pending.

[Loulou65]

Thanks Obie,

Here's my situation in full.

My partner was born, raised and still lives in Norther Ireland.
We have been together for 10 years, living together for 3 years.
We are not married yet as it is impossible at the moment.
I am on a Spouse/Partner visa, which expires on 02/02/2021, which gives me the right to work.
I've had the same job since 10/2018.
I have now applied for EU Settlement scheme on 24/08/2020

Does that 3C rights apply if it's not the same visa? As in I was on a partner visa and now waiting on decison to EU Settlement scheme?

Thanks

[kamoe]

Yes my partner was born in Belfast and lived there his whole life, still does now.

Thanks for confirming. As CR001 said, the main point was to clarify whether your partner was born in Norther Ireland or not. That is what makes you eligible to apply as an unmarried partner. This was asked several times and you kept giving the same tangent answer of him being dual national...

That being clarified, as long as you have provided all required proof, there is no reason for you to get refused.

For a direct line of communication, and to escalate any reasonable delays in applications, people should normally contact their MP. As I said, don't waste your time contacting the resolution centre directly, they have already told you they have all you need, and also, they can't help you. Contact your MP, ask them to escalate your case to the Home Office, and stress that you have an expiring visa.

[Loulou65]

Thanks Kamoe,

I'm sorry I wasn't clearer in my explanations. We have already sent a letter to our MP explaining the whole situation with the expiring visa. Haven't heard back but not surprised with the holidays. Our only worry is that the MP in question does not really have a good reputation in his dealings with Catholics and my partner is Catholic. But coming from Canada, my reasoning is: He still has a duty to do his job, Catholic or not... Let's hope I'm right

[Obie]

Based on the facts you provided, your partner is a person from Northern Ireland.

You do benefit from section 3C.