EEA family permit for unmarried partners. qualified person.

[rikoh]

Regardless of requirements for durable relationship asked for unmarried partner, one another requirement, "EU national should be a qualified" I am a bit confused with that and I would like to be sure.

I am going to apply EEA family permit for unmarried partner by the end of this year. My partner who is EU national lives with me now in one of European countries and my partner got pre-settled status one week ago. We both used to live in the UK but we don't right now, so my partner went to the UK for EUSS and came back to the country where we are living. I am not so sure how long EEA FP takes though my partner won’t go to the UK within for a few months. We are thinking of going to the UK together if EEA FP is accepted.

In this situation,
1. Is that right if I specify I am travelling with my partner on an application form. Otherwise, I should choose I will join my partner because my partner already pre-settle status?
2. should I prove that my partner is a qualified person? To the best of my knowledge, initial 3 months EU partners have no treaty rights, so it is not necessary to present a kind of documents such as work contract, payslip or job seeking activity in the UK. In my case, it is not mandatory or it is because he has pre-settle status one week ago.
3. It is better to show my partner is looking for a job in the UK? such as interviews arranged or application submitted. It would be good if we mentioned my partner currently working in here where we are living now ?

Thanks in advance

[kamoe]

We both used to live in the UK but we don't right now, so my partner went to the UK for EUSS and came back to the country where we are living. I am not so sure how long EEA FP takes though my partner won’t go to the UK within for a few months.

The key thing you need to understand is that the Settlement Scheme and the EEA route are two completely separate routes. When you apply for one of them, you need to meet all requirements of that route. Mix-and-match doesn't work.

Now, to apply for the EEA route one of the below needs to be the case:

1. Your partner is in the UK, and is currently exercising treaty rights; or is intending to exercise treaty rights in the UK
2. Your partner is not in the UK, but will travel to the UK, and is intending to exercise treaty rights in the UK

As you can see, none of the above can be true if your partner is not already living in the UK or is not intending to move to the UK before December 31st 2020. This is because after the end of the transition period EU citizens can no longer exercise treaty rights in the UK. Having Pre-Settled status does not change this. Having Pre-Settled status does not mean he is or will be exercising traty rights, it only means he has permission to come to the UK under a new system that no longer relies on the exercise of treat rights.

Therefore, it does not seem to be possible for you to apply under the EEA route under the circumstances you describe.

[Obie]

An EEA family permit will be issued to an Extended family member of an EEA national, who intends to accompany the EEA national to the UK.

In cases where the person ia seeking to accompany, they are not required to show evidence of treaty rights.

Only if the EEA national has resided for 3 months in the UK, will the Extended family member need to show they are qualified person.

[kamoe]

An EEA family permit will be issued to an Extended family member of an EEA national, who intends to accompany the EEA national to the UK.

Even if the arrival date in the UK is after the end of transition period, meaning the EEA national will never be able to exercise treaty rights in the future?

[Obie]

But the EEA national in this case holds Pre-Settled status, and after the 31-12-20, there may not be a need for the non EEA national to show treaty rights.

[kamoe]

But the EEA national in this case holds Pre-Settled status, and after the 31-12-20

But they are not living in the UK. For both types of family permits, it reads: https://www.gov.uk/family-permit

For you to be eligible, your EU, EEA or Swiss family member usually has to be living in the UK by 31 December 2020.

If your family member came to the UK on or after 1 January 2021, you may need to apply for a visa.

[Obie]

But the EEA national appears to be living in the UK.

Otherwise no pre settled would have been issued.

If that person goes out and enter, they will be entitled to the 3 months initial right of residence under current EU rules.

The Pre settlement status also provides for that.

So I cannot see much difficulties.

[kamoe]

But the EEA national appears to be living in the UK.

Otherwise no pre settled would have been issued.

Mind-mending. To know for a fact that A is not true, but accept it legally because it has already been accepted that A is apparent (only apparent, while not-A is a fact!).

But I see the point.

If that person goes out and enter, they will be entitled to the 3 months initial right of residence under current EU rules.

The Pre settlement status also provides for that.

So I cannot see much difficulties.

OK, seems to be consistent with the newest guidelines allowing EEA FP to still be issued until June 30th 2021.