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Splitting from my EU partner. Unmarried partner.
Posted: Sun Apr 09, 2023 10:18 am
by emojik198
Hello everyone. Please help me. Currently I have a pre-settled status and my partner has a settled status. Next year I will be eligible for the settled status. But I' afraid my partner is going to split with me before that time. That would mean I will lose my right to stay in the UK because before getting the presettled status I was on the unmarried partner visa and I had to be with my partner for 5 years in order to obtain a permanent residence in the UK.
If we split what are my options to remain in the UK ?
Re: Splitting from my EU partner. Unmarried partner.
Posted: Mon Apr 10, 2023 4:47 pm
by secret.simon
You will not have any rights to reside in the UK under the EUSS itself, if you are an unmarried partner.
You could start looking for jobs that can sponsor your for a Skilled Worker visa. But be aware that (a) you will be tied to that employer for the duration of the visa and (b) your ILR clock will reset to zero (i.e. your time living in the UK as an unmarried partner will not count).
Did you have any UK visas before the unmarried partner visa?
Re: Splitting from my EU partner. Unmarried partner.
Posted: Wed Apr 12, 2023 4:03 pm
by THO
From what you have written, you do not want to go back to your country of origin, which would suggest that you married out of convenience. I'm just saying what the HO will think, and they will ask you why you feel you have a right to remain in the UK now you are no longer in a relationship with someone in the UK.
Re: Splitting from my EU partner. Unmarried partner.
Posted: Wed Apr 12, 2023 4:11 pm
by CR001
THO wrote: ↑Wed Apr 12, 2023 4:03 pm
From what you have written, you do not want to go back to your country of origin,
which would suggest that you married out of convenience. I'm just saying what the HO will think, and they will ask you why you feel you have a right to remain in the UK now you are no longer in a relationship with someone in the UK.
The Op has clearly stated they are unmarried!
Re: Splitting from my EU partner. Unmarried partner.
Posted: Thu Apr 13, 2023 12:14 am
by Obie
THO wrote: ↑Wed Apr 12, 2023 4:03 pm
From what you have written, you do not want to go back to your country of origin, which would suggest that you married out of convenience. I'm just saying what the HO will think, and they will ask you why you feel you have a right to remain in the UK now you are no longer in a relationship with someone in the UK.
Help me make sense of that. How does a person who is established in the UK, who do not want to return to their home nation following breakdown of their relationship, be classified as a person who entered into a sham relationship.
People need to think before writing, sometimes.
Re: Splitting from my EU partner. Unmarried partner.
Posted: Thu Apr 13, 2023 7:21 am
by THO
CR00. "That would mean I will lose my right to stay in the UK because before getting the pre-settled status I was on the unmarried partner visa" which I read to say she was now married. However, on reflection and reading it again, I was wrong on that point.
It's obvious Obie, she stated does not want to go back to her home country after the breakdown of her relationship, which was worded in a way that made it sound like she would stay with him, just so she can get to 5 years.
After the fiery hoops my OH and I had to jump through to get her visa's, it seems to me that the HO will make it tough for her too.
How long does she have to get a job, after / if they split?
Re: Splitting from my EU partner. Unmarried partner.
Posted: Fri Apr 14, 2023 9:38 pm
by Obie
I think you are reading a lot into that statement. The two can surely be true. A person can love staying in the UK, as they have built roots, and established themselves in a why that will be difficult to uproot.
It is alao possible, that they loved their partners until an event occurred, which caused them to split.
You cannot infer a relationship of convenience from the fact that the person wishes to stay in the UK after the split.
Re: Splitting from my EU partner. Unmarried partner.
Posted: Sat May 06, 2023 11:32 am
by emojik198
secret.simon wrote: ↑Mon Apr 10, 2023 4:47 pm
You will not have any rights to reside in the UK under the EUSS itself, if you are an unmarried partner.
You could start looking for jobs that can sponsor your for a Skilled Worker visa. But be aware that (a) you will be tied to that employer for the duration of the visa and (b) your ILR clock will reset to zero (i.e. your time living in the UK as an unmarried partner will not count).
Did you have any UK visas before the unmarried partner visa?
Before, I had a Tier 4, Student Visa from June 2013. I was absent from the UK for about 8 months. After that I got another T4 visa and returned.
Re: Splitting from my EU partner. Unmarried partner.
Posted: Sat May 06, 2023 11:41 am
by emojik198
I'm wondering really what my options are? I know getting a job that's on the Shortage Occupation List won't be easy.
How much time would I have to stay in the UK in case we split?
Re: Splitting from my EU partner. Unmarried partner.
Posted: Mon May 08, 2023 10:54 am
by seekingadvice87
Start looking for jobs already and switch to a work visa as soon as you can or check if you qualify under any other visas. Yes it's not as easy as it sounds but you still have the option to do so. I think you lose your rights immediately after you've split and can't show that you still reside together etc
Re: Splitting from my EU partner. Unmarried partner.
Posted: Mon May 08, 2023 3:47 pm
by secret.simon
emojik198 wrote: ↑Sat May 06, 2023 11:32 am
Before, I had a Tier 4, Student Visa from June 2013. I was absent from the UK for about 8 months. After that I got another T4 visa and returned.
Not absolutely certain, but I think that the 8 months absence will have broken your continuous residence for Long Residence ILR. I'll rope in
@zimba to advise on that point.
emojik198 wrote: ↑Sat May 06, 2023 11:41 am
How much time would I have to stay in the UK in case we split?
Again, not absolutely certain, but I think that the Pre-Settled Status visa remains for the duration of the visa that is granted.
However, if the relationship breaks down before you can move onto Settled Status, you will not be eligible to move to Settled Status. So you will need to have moved onto another visa before your Pre-Settled Status expires.
But I am not certain on these points and would invite
@kamoe and
@alterhase58 to comment on these points.
Re: Splitting from my EU partner. Unmarried partner.
Posted: Mon May 08, 2023 6:26 pm
by zimba
As you are unmarried, you do not get to enjoy retained right of residence. Your pre-settled status will remain valid for 5 years since it was granted. As you had an 8 month absence from the UK, you cannot apply under the long residence either. So I suggest the Skilled Worker route as others have suggested if you want ILR
Re: Splitting from my EU partner. Unmarried partner.
Posted: Tue May 09, 2023 8:29 am
by kamoe
My understanding is also that the Pre-Settled Status will be valid for 5 years and the BRC card will be valid until its expiration date, regardless of whether the relationship has ended or is subsistent.
I'd like to add that, because you are unmarried, there is no immediate way of establishing that your relationship has ended. This is done by contradiction: by establishing that the relationship is not subsistent, and this is established when you fail to provide proof that it is subsistent. The only occasion I am aware of such a verification process is when you apply for Settled Status. I cannot think of any other scenario when you would need to prove or disprove your relationship status (even when you travel in and out of the UK, your BRC is enough, the UK border officer never asks you to provide proof that the relationship is subsisting).
In other words, the only way for the Home Office to determine that your unmarried partnership has ended is if you fail to prove it is not subsistent (e.g. to attempt an application for Settled Status and fail to provide proof). And The Home Office does not do this proactively, they don't go checking all family members' statuses regularly to see if the family relationship is subsistent. These checks take place only when you make an application.
This means that, if your relationship ends, in practical terms you can stay, live, and work in the UK until your BRC card expiration date. What you cannot do is apply for Settled Status, as others above have said.
Re: Splitting from my EU partner. Unmarried partner.
Posted: Tue May 09, 2023 3:16 pm
by lolo2
emojik198 wrote: ↑Sat May 06, 2023 11:41 am
I'm wondering really what my options are? I know getting a job that's on the Shortage Occupation List won't be easy.
What's your occupation?
Actually it's quite the opposite, occupations in the shortage occupation list (SOL) - in theory - should make easier the process of getting sponsored.
A job does not need to be in the SOL to be eligible for sponsorship, only a few roles are in the list. The key point is finding a job in a company or institution with the license to sponsor foreign workers and willing to provide such sponsorship to the ideal candidate.
Re: Splitting from my EU partner. Unmarried partner.
Posted: Wed May 10, 2023 8:22 pm
by emojik198
lolo2 wrote: ↑Tue May 09, 2023 3:16 pm
emojik198 wrote: ↑Sat May 06, 2023 11:41 am
I'm wondering really what my options are? I know getting a job that's on the Shortage Occupation List won't be easy.
What's your occupation?
Actually it's quite the opposite, occupations in the shortage occupation list (SOL) - in theory - should make easier the process of getting sponsored.
A job does not need to be in the SOL to be eligible for sponsorship, only a few roles are in the list. The key point is finding a job in a company or institution with the license to sponsor foreign workers and willing to provide such sponsorship to the ideal candidate.
I work in Exams Ofiice at a school. I supervise exams. I'm not sure if that qualifies for a work sponsored visa.
Re: Splitting from my EU partner. Unmarried partner.
Posted: Wed May 10, 2023 8:25 pm
by emojik198
kamoe wrote: ↑Tue May 09, 2023 8:29 am
My understanding is also that the Pre-Settled Status will be valid for 5 years and the BRC card will be valid until its expiration date, regardless of whether the relationship has ended or is subsistent.
I'd like to add that, because you are unmarried, there is no immediate way of establishing that your relationship has ended. This is done by contradiction: by establishing that the relationship is not subsistent, and this is established when you fail to provide proof that it is subsistent. The only occasion I am aware of such a verification process is when you apply for Settled Status. I cannot think of any other scenario when you would need to prove or disprove your relationship status (even when you travel in and out of the UK, your BRC is enough, the UK border officer never asks you to provide proof that the relationship is subsisting).
In other words, the only way for the Home Office to determine that your unmarried partnership has ended is if you fail to prove it is not subsistent (e.g. to attempt an application for Settled Status and fail to provide proof). And The Home Office does not do this proactively, they don't go checking all family members' statuses regularly to see if the family relationship is subsistent. These checks take place only when you make an application.
This means that, if your relationship ends, in practical terms you can stay, live, and work in the UK until your BRC card expiration date. What you cannot do is apply for Settled Status, as others above have said.
What worries me is that my partner may notify the HO that our relationship has ended. I'm not sure if my BRC would still be valid until it expires in that case.
Would applying for a student visa be possible in this situation?
Thank you all for your answers.
Re: Splitting from my EU partner. Unmarried partner.
Posted: Thu May 11, 2023 9:42 am
by zimba
Yes UKVI can curtail your leave. Note that a student visa does not have a path to ILR and you also cannot get ILR via long residence due to long absences.
Re: Splitting from my EU partner. Unmarried partner.
Posted: Fri May 12, 2023 9:39 am
by lolo2
emojik198 wrote: ↑Wed May 10, 2023 8:22 pm
I work in Exams Ofiice at a school. I supervise exams. I'm not sure if that qualifies for a work sponsored visa.
Many schools are sponsors and your role might be eligible for a skilled worker visa.
Speak with your line manager or the HR office about your situation.
Re: Splitting from my EU partner. Unmarried partner.
Posted: Mon Jun 12, 2023 2:20 pm
by warrensimmons
is it worth mentioning
https://www.gov.uk/indefinite-leave-to- ... ence-abuse ? It may not be relevant given the personal circumstances but it comes up quite a lot.
Re: Splitting from my EU partner. Unmarried partner.
Posted: Mon Jun 12, 2023 2:23 pm
by CR001
This doesn't apply to partners of EU citizens on the pre settled route, especially unmarried partners, as far as I understand
It applies to those on a spouse visa under the UK immigration rules.
The OP has also not given any indication its due to DV!
Re: Splitting from my EU partner. Unmarried partner.
Posted: Mon Jun 12, 2023 3:03 pm
by warrensimmons
agreed - but annex 1 of Appendix EU was amended in August 2020 to to extend protection to all family members who have been the victims of domestic abuse. That includes durable partners.
I set out that other link as it has a explanation of what amounts to domestic abuse. It is not just physical abuse.
Re: Splitting from my EU partner. Unmarried partner.
Posted: Mon Jun 12, 2023 3:10 pm
by warrensimmons
https://assets.publishing.service.gov.u ... _PRINT.pdf
Go to para 7.2 second bullet point which explains the policy background for the expansion of protection against domestic abuse in the EUSS.
The approach between App EU and App FM is not entirely consistent. Complicated.
Re: Splitting from my EU partner. Unmarried partner.
Posted: Mon Jun 12, 2023 3:15 pm
by warrensimmons
the terms "domestic violence" and "domestic abuse" are used interchangeably and sometimes this leads to the misunderstanding that some kind of physical violence is necessary. This is not the case so it is worth reading the guidance to get an idea of what kind of abusive behaviour will fall within what will be regarded as domestic abuse by the caseworkers. It could be mental or financial coercion or some pattern of abusive behaviour like that.
Re: Splitting from my EU partner. Unmarried partner.
Posted: Tue Jun 13, 2023 9:56 am
by emojik198
I don't think I can use the domestic violence argument in my case. That's because there has never been physical violence involved and the thing that I may be able to use are just texts but I will need to look more into it.
I haven't got any legal advice on this, but I have heard that you need to be with your partner for 3 years so that when you break up you you can still remain in the UK. I've read this applies to marriages and civil partnerships. Would it also apply in my case?
Also, does having a property in the UK help you in any way with your immigration status?
Thank you for all the answers.
Re: Splitting from my EU partner. Unmarried partner.
Posted: Tue Jun 13, 2023 10:42 am
by Ticktack
emojik198 wrote: ↑Tue Jun 13, 2023 9:56 am
I don't think I can use the domestic violence argument in my case. That's because there has never been physical violence involved and the thing that I may be able to use are just texts but I will need to look more into it.
I haven't got any legal advice on this, but I have heard that you need to be with your partner for 3 years so that when you break up you you can still remain in the UK. I've read this applies to marriages and civil partnerships. Would it also apply in my case?
Also, does having a property in the UK help you in any way with your immigration status?
Property in the UK doesn't help with immigration. The former owner of Chelsea FC was denied a visa renewal. This was before the Russia-Ukraine war.
Thank you for all the answers.