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Hello,
I have lived in the UK for 5 years, I am Brazilian and I had a civil partner for 7 years with my ex partner who is Italian.
When we applied for Pre-settlement in 2019 we mistakenly used durable partner instead of civil partner, even though I sent the civil partners certificate in the application, I was left with the status as durable partner.
Is it possible to request a correction of this from the Home Office?

As you are due for settled status now/soon you should input the correct relationship status.
Updating an old application is not done, if necessary you input the correct details in your new application.
Best to contact the EUSS Resolution Centre: https://www.gov.uk/government/collectio ... on#support

So you are no longer partnered with the individual you were in a civil partnership with?
When did your relationship end?
I am not convinced that the Home Office is going to consider your change of circumstances as there is an inference that would allow you to be considered under the civil partnership side rather than durable partner. Your relationship is over regardless so either way you are not going to gain status.

Frontier Mole wrote: ↑

Mon Apr 01, 2024 7:40 pm

So you are no longer partnered with the individual you were in a civil partnership with?
When did your relationship end?
I am not convinced that the Home Office is going to consider your change of circumstances as there is an inference that would allow you to be considered under the civil partnership side rather than durable partner. Your relationship is over regardless so either way you are not going to gain status.

The relationship ended after 4 years living in the UK.
Wouldn't the non-recognition of a marriage abroad be a violation of human rights?
I was looking at the case of Jean Noël Royer (Case 48/75) where it was ruled that "the right to permanent residence is in no way subject to the issue by the national authorities of a residence permit, the function of which is merely to confirm the existence of an already existing right and cannot be regarded as creating such right. The issue of that document has thus no other purpose than to certify the already existing right of residence."
Looking this way I am under Retention Rights rule EU12 of Appendix EU.

Not seeing how the quoted case is going to move you to the position you want. You applied for and were granted under durable partnership. The relationship has ceased and at the point it ceased you were under those conditions. At that point you no doubt did not inform the Home Office.
So now it is time to attempt to move to settled status, and you are now trying to turn the clock back to meet the regulations that would meet your current circumstances. The Home Office is very unlikely to go for that. The fact you supplied a civil partnership document when you applied initially is pretty much irrelevant, you applied for durable partnership and made no attempt to amend it if you felt it was wrong until this point.

At what point did you inform the Home Office the relationship ceased / broke down? If that has not happened then that strengthens the Home Office’s position to be able to refuse settlement.

Leomqs wrote: ↑

Mon Apr 01, 2024 11:15 am

Hello,
I have lived in the UK for 5 years, I am Brazilian and I had a civil partner for 7 years with my ex partner who is Italian.
When we applied for Pre-settlement in 2019 we mistakenly used durable partner instead of civil partner, even though I sent the civil partners certificate in the application, I was left with the status as durable partner.
Is it possible to request a correction of this from the Home Office?

Hey,

I think it's best to apply still but ensure that you state you were in a civil partnership until the break down of your relationship and that you should have been granted based on your civil partnership (even though you should have informed the Home Office to rectify this as soon as you spotted it). You may have retained your rights to reside but you would need to let them know about the breakdown of your relationship. You're meant to inform the Home Office of changes in your circumstances as it can affect your status.

Goodluck

Hi,
Thank you for your comment and understanding. I am indeed in the process of preparing a letter to elucidate the facts surrounding my situation. Upon reviewing the application form for the EEA Family Permit, I have realized that we indicated our status as married/civil partners in all the questions. Furthermore, I was unaware of being granted the status of Durable Partner until recently. Had I been aware of this, I would have promptly requested the necessary adjustments. Notably, nowhere in the application process or upon receiving the pre-settled status was it indicated that I had been considered a Durable Partner.

Additionally, I have attached the email correspondence I sent to the Home Office, notifying them of the dissolution of my civil partnership, along with the certificate of dissolution. However, the response from the Home Office did not mention anything regarding my visa being granted as a Durable Partner.

I sincerely hope that the UK Visas and Immigration (UKVI) will comprehend this misunderstanding and consider my circumstances accordingly.

Thank you