Help with EEA (EFM) Application - Proving my sponsor is excercising EEA Treaty Rights

[brewslee]

Hi all,

Background
My sponsor is Greek and has been in the UK since 2013. I won't talk about our relationship because my question is regarding proving that she is excercising her EEA Treaty Rights.
This is her timeline in the UK:

• 2013 - 2016 Student

• 2016 - 2018 Worker

• 2018 - Successfully applied for EU Settlement Scheme

• 2018 - 2020 Student

• 2020 - Worker

EEA (EFM) Application refused due to insufficient evidence sponsor is excercising EEA Treaty Rights
I applied for an EEA (EFM) Application as an unmarried partner. Our application was refused because we did not provide sufficient evidence that my sponsor is excercising her EEA treaty rights. She was a student during her 5 year qualifying period and as evidence of the Comprehensive Sickness Insurance (CSI), we provided a European Health Insurance Card. The card was issued in the UK, and not EEA country so it was not accepted. Note: we applied when my sponsor was a student.

Clarification on proving EEA Treaty Rights
We have decided to re-apply but we want would like some clarification first as I have received conflicting advice/guidance.

I saw a solicitor today and she said that because my sponsor is now working, I can re-apply without the CSI because she is excercising her EEA Treaty Rights as a worker and not a student.

However, having read the guidance notes on EEA (EFM) and EEA (PR), it seems like I still have to provide evidence of CSI while my sponsor was a student - is this correct? The worry we have right now is that we are still looking for evidence to show that my sponsor had health insurance

Clarification on choosing the 5 year qualifying period
Also, my sponsor has been in the UK for over 5 years so we would have to decide which 5 years to use as her qualifying period. Should this 5 years be before the EU settlement scheme since she would have settled status in the UK since 2018?

Any help is much appreciated, thanks!

[kamoe]

Clarification on proving EEA Treaty Rights
I saw a solicitor today and she said that because my sponsor is now working, I can re-apply without the CSI because she is excercising her EEA Treaty Rights as a worker and not a student.

However, having read the guidance notes on EEA (EFM) and EEA (PR), it seems like I still have to provide evidence of CSI while my sponsor was a student - is this correct?

Depends what you are trying to achieve.

a) If your goal is simply to get you a EEA RC as unmarried partner, then this is correct, his 2-year period as a worker is enough, and you do not need to prove CSI.

b) If your goal is to get him a EEA certificate proving his right to Permanent Residence, then no, this is not correct, his 2-year period as a worker is not enough and you need to rely on a period of 5 years, for which you need to prove CSI.

From the way you title your question it seems to me that you think that in order to achieve a) you need b). This is incorrect. You can get a) without b).

Clarification on choosing the 5 year qualifying period
Also, my sponsor has been in the UK for over 5 years so we would have to decide which 5 years to use as her qualifying period. Should this 5 years be before the EU settlement scheme since she would have settled status in the UK since 2018?

Again, this questions leads me to think that either you are confused and think that in order for you to get a RC as unmarried partner you need to get him a PR certificate. Or that you are actually intentionally trying to achieve both goals above.

Which one is it?

===============

In any case, be aware that if you wanted to be issued a EEA RC this year you are cutting it extremely close. The latest reported timelines show a turnaround time of anything from 6-7 months to a best-case scenario of around 1 month (again, that is a best-case scenario, so can't bank on it). The problem in your case is that you are unmarried, and not having a card issued in 2020 might present problems when you try to apply for the Settlement Scheme in 2021 (I do hope I'm wrong in considering this limbo scenario, but worth to be warned).

[brewslee]

Again, this questions leads me to think that either you are confused and think that in order for you to get a RC as unmarried partner you need to get him a PR certificate. Or that you are actually intentionally trying to achieve both goals above.

I re-read the application form with what you mentioned and I think you are right - I had confused EU settlement scheme as having permanent residence and filled out Section 8: Sponsor has permanent residence, which asks for evidence that my sponsor qualifies for 5 years. But instead, I should be filling out Section 9: Sponsor is an EEA national qualified person.

I am now realising I had made a mistake when I first applied and filled out the wrong section - hence my confusion. Please correct me if I am wrong and in any case, thank you clearing it up.

The problem in your case is that you are unmarried, and not having a card issued in 2020 might present problems when you try to apply for the Settlement Scheme in 2021

Having read that, I'll have to take my chances. The alternative source of evidence includes things like evidence of cohabitation (joint letters, etc), which I have already collected for my RC application (fingers crossed).

[kamoe]

I re-read the application form with what you mentioned and I think you are right - I had confused EU settlement scheme as having permanent residence and filled out Section 8: Sponsor has permanent residence, which asks for evidence that my sponsor qualifies for 5 years. But instead, I should be filling out Section 9: Sponsor is an EEA national qualified person.

That is indeed how it seems you got confused. Section 9 is the one that applies to you.

I am now realising I had made a mistake when I first applied and filled out the wrong section - hence my confusion. Please correct me if I am wrong and in any case, thank you clearing it up.

Not a problem.

The alternative source of evidence includes things like evidence of cohabitation (joint letters, etc), which I have already collected for my RC application (fingers crossed).

If you are referring to an alternative way to apply for the EUSS as durable partner, I'm afraid this is only acceptable for Northern Irish sponsors. It is clearly stated that unmarried partners need to present a EEA RC card as the relevant document, to be able to apply for the EU Settlement Scheme: https://www.gov.uk/guidance/eu-settleme ... eu-citizen

If you’re their unmarried (durable) partner
You must hold a relevant document issued to you under the EEA Regulations on the basis that you’re the durable partner of an EEA or Swiss citizen or person of Northern Ireland.

A relevant document here includes:

a family permit
a residence card

The part where alternative evidence is mentioned only comes in below the mention of Northern Irish nationals:

If you’re the unmarried (durable) partner of a person of Northern Ireland, you’re unlikely to have a relevant document.
If you do not have a relevant document, you must provide evidence of your relationship.

See an example of someone who got refused to the EUSS as unmarried partner without a EEA RC because they misinterpreted the alternative evidence as applying to sponsors of all nationalities. In the end, they did apply to a EEA RC and got it in a month (hence why you might just be able to get one before the end of the year).

But by all means, go ahead and apply for your EEA RC ASAP, you might just get it this year.