Can durable partner get settled status without relevant document?
Posted: Wed Aug 03, 2022 5:18 pm
Hello, I know the topic has been discussed before on whether a durable partner needs a relevant document.
In appendix EU, this is listed:
"where the person is applying as the durable partner of a relevant sponsor (or, as the case may be, of a qualifying British citizen), or as the spouse or civil partner of a relevant sponsor (as described in sub-paragraph (a)(i)(bb) of the entry for ‘joining family member of a relevant sponsor’ in this table), and does not hold a document of the type to which sub-paragraph (b)(i) above applies, and where (...)
was not resident in the UK and Islands as the durable partner of a relevant EEA citizen (where that relevant EEA citizen is their relevant sponsor) on a basis which met the definition of ‘family member of a relevant EEA citizen’ in this table, or, as the case may be, as the durable partner of the qualifying British citizen, at (in either case) any time before the specified date, unless the reason why, in the former case, they were not so resident is that they did not hold a relevant document as the durable partner of a relevant EEA citizen for that period (where their relevant sponsor is that relevant EEA citizen) and they did not otherwise have a lawful basis of stay in the UK and Islands for that period"
Doesn't this mean if your residence in the UK is not reliant on being a durable partner (i.e. you had other lawful means of being in the UK, such as a visa) then you do not need a relevant document?
Also in this guidance (pg.120)https://assets.publishing.service.gov.u ... embers.pdf
The effect of the above provisions is that, where, at the specified date, a person was continuously resident in the UK and Islands as the durable partner of a relevant EEA citizen (where that relevant EEA citizen is their relevant sponsor) and did not hold a relevant document as that durable partner, they must (unless they otherwise had a lawful basis of stay in the UK and Islands for that period, for example as a student) break their continuity of residence in the UK and Islands before they can apply as a joining family member and the durable partner of the relevant sponsor. They can then rely on the evidence referred to in the previous paragraph. In such a case, the person’s continuous qualifying period as a joining family member of a relevant sponsor can only have commenced on or after 1 January 2021
When does the continuous period of the durable partner start? It says unelss they were a student, they would need to break their continuity of residence before applying.
Thank you.
In appendix EU, this is listed:
"where the person is applying as the durable partner of a relevant sponsor (or, as the case may be, of a qualifying British citizen), or as the spouse or civil partner of a relevant sponsor (as described in sub-paragraph (a)(i)(bb) of the entry for ‘joining family member of a relevant sponsor’ in this table), and does not hold a document of the type to which sub-paragraph (b)(i) above applies, and where (...)
was not resident in the UK and Islands as the durable partner of a relevant EEA citizen (where that relevant EEA citizen is their relevant sponsor) on a basis which met the definition of ‘family member of a relevant EEA citizen’ in this table, or, as the case may be, as the durable partner of the qualifying British citizen, at (in either case) any time before the specified date, unless the reason why, in the former case, they were not so resident is that they did not hold a relevant document as the durable partner of a relevant EEA citizen for that period (where their relevant sponsor is that relevant EEA citizen) and they did not otherwise have a lawful basis of stay in the UK and Islands for that period"
Doesn't this mean if your residence in the UK is not reliant on being a durable partner (i.e. you had other lawful means of being in the UK, such as a visa) then you do not need a relevant document?
Also in this guidance (pg.120)https://assets.publishing.service.gov.u ... embers.pdf
The effect of the above provisions is that, where, at the specified date, a person was continuously resident in the UK and Islands as the durable partner of a relevant EEA citizen (where that relevant EEA citizen is their relevant sponsor) and did not hold a relevant document as that durable partner, they must (unless they otherwise had a lawful basis of stay in the UK and Islands for that period, for example as a student) break their continuity of residence in the UK and Islands before they can apply as a joining family member and the durable partner of the relevant sponsor. They can then rely on the evidence referred to in the previous paragraph. In such a case, the person’s continuous qualifying period as a joining family member of a relevant sponsor can only have commenced on or after 1 January 2021
When does the continuous period of the durable partner start? It says unelss they were a student, they would need to break their continuity of residence before applying.
Thank you.