UNMARRIED PARTNER OF EU RESIDENCE CARD APPLICATION ISSUE.

[topellycatego]

Hello board members,

I need urgent help as regards My residence card Application issue here is my story :

I came into the Uk from Hungary with my partner and 2 kids in July 2020, we all apply for the EU Settlement Scheme , after couple of weeks My partner and 2 kids were granted pre settlement status because they have Hungarian passport while I was rejected. I contact the EU resolution centre and I was told I have to apply for the derivative residence card , I went ahead and make an application for derivative residence card I did biometrics and after about 2 weeks I received a decision from the home office that my application has been refuse base on the fact that I'm not the main carer of my kids that my partner can take care of the kids as well They said I can as well make application to the EU Settlement Scheme . At this moment I'm so devastated by the decision I don't know what else to do . Because is the same Eu resolution centre that advised me to apply to the home office for residence card. I'm just so confuse

Please board members I need urgent steps to take as regards this issue because I'm having sleepless night over this issue, Anyone with any experience as regards this issues should kindly advise me on the necessary things to do. I'm waiting for all your responses in the house.

[CR001]

What visa or family permit did you enter the UK with?

[topellycatego]

Thank you Cr001 for your prompt response.
I came into the UK with my family from Budapest Airport without a visa . I was stamp at the Uk port of entry Stansted airport . The word stamp on my passport say EU regulations 2016. I applied for National Insurance number which I was issued .I'm working as well because I was lucky to be accepted by an agency that understand the EU regulations law.
I have permanent residence as well as a family of Hungarian citizens. I submitted all this to the home office but they still went ahead and reject my application. Please I'm waiting for all your responses and help please. Thank you very much

[kamoe]

I came into the UK with my family from Budapest Airport without a visa . I was stamp at the Uk port of entry Stansted airport . The word stamp on my passport say EU regulations 2016.

Other than that stamp, have you been issued with any other UK visa or entry/residence permit since your arrival?
What is the full, exact wording on that stamp? Everything. What is the full text that can be read on it? Is there any date limit you are authorised to stay?
And can you confirm you are not married, nor you are in any form or legal civil partnership?

[topellycatego]

No residence permit as been issue so far, I'm not married but I did cohabitation with my partner signed with a notary public signature.

The stamp on the passport is EEA regulation 2016 without no expiry on it..

[kamoe]

No residence permit as been issue so far

Did you not apply for a EEA Residence Card after you arrived in the UK? If not, why not? I'm really scratching my head here.

I'm not married but I did cohabitation with my partner signed with a notary public signature.

What exactly does this mean? Is this a legally-recognised status in Hungary? How exactly is this called? Please be specific.

[topellycatego]

Hello Kamoe Thank you for your response and time.

When I arrived to the UK with my partner and 2 kids, I applied to EU SETTLEMENT SCHEME after my partner and 2 kids as been granted pre settlement status. I submitted all the required documents, my kids birth certificate, Declaration letter with my partner from the Notary public office. After about 4 weeks that I applied to EU settlement scheme I received a refusal mail that my application has been rejected because I was meant to apply to the Home office for Residence card . So I went ahead and apply for Derivative right of residence card as I was advised by the EU settlement scheme team .

After making the application for the derivative residence card I was sent a biometric letter which I did after I did the biometric process , 2 weeks later I received a letter that my application was rejected because I'm not the main carer of my kids ,That my partner can as well take care of my kids.

As for the Notary ,It's just a legal declaration that My partner and I are cohabiting and we are in a relationship legally.

I'm looking forward for all your assistance as regards this my issue thank you.

[kamoe]

I'm afraid there are a number of things here that need to be clarified. I also fear you have been ill advised, through no fault of your own.

I will explain my understanding of the situation, although I do not have all the facts or legal knowledge to tell for sure what your best options are. I will do my best to offer some leads, but bear in mind you might need to prepare to seek professional advice.

When I arrived to the UK with my partner and 2 kids, I applied to EU SETTLEMENT SCHEME

I hope you can see that this is not what I asked. I asked about any applications made for a Residence Card under the EEA route NOT the EU Settlement Scheme. Since you are unmarried, you cannot apply to the EU Settlement Scheme without first having a EEA document, and I believe that is why your application was refused.

I submitted all the required documents

No you did not. Unmarried partners are required to submit a UK-issued document under the EEA route, e.g., a EEA Family Permit or a EEA Residence Card. In other words, you needed to apply first for a EEA Residence Card, and then, for the EU Settlement Scheme.

After about 4 weeks that I applied to EU settlement scheme I received a refusal mail that my application has been rejected because I was meant to apply to the Home office for Residence card .

What exactly did they tell you? Did they tell you to apply for a "EEA Residence Card" in general, or did they specifically say "derivative right of residence" card? Be it that you misunderstood or that they ill advised you, the fact is that the route for derivative right of residence is NOT the route for you.

Since your partner is a EU national and they are still the kids's carer, you do not get any derivative rights as their carer since your partner can take this responsibility. Only if you were a single non-EU parent, or if both of you were non-EU then you might consider that route. Hence why you have been rejected (your partner is EU and is also the carer).

The correct route for you is unmarried partner. Period. Kids or no kids, that does not matter. As I explained before, unmarried parnters cannot apply to the EU Settlement Scheme without a UK-issued document (family permit or residence card) issued under the EEA route. Hence, again, why your first step should have been to apply for a EEA Residence Card, NOT the EU Settlement Scheme.

So I went ahead and apply for Derivative right of residence card as I was advised by the EU settlement scheme team .

Do not ever rely on what the EU Settlement Scheme resolution centre advises. You are not the first person who has reported having been given completely incorrect advice.

After making the application for the derivative residence card I was sent a biometric letter which I did after I did the biometric process , 2 weeks later I received a letter that my application was rejected because I'm not the main carer of my kids ,That my partner can as well take care of my kids.

As I said, this was expected.

As for the Notary ,It's just a legal declaration that My partner and I are cohabiting and we are in a relationship legally.

It is not clear what you are trying to say. Either it is "just a declaration" or it defines a "relationship legally". It it important you know exactly what this declaration means for your couple. What did this mean for you in Hungary? Did you enjoy the same rights as a married couple? If yes, you might be considered married, if not, you are not. As you can see, this is key to decide what your options are.

The worst-case scenario I see is that your status is not equivalent to a married relationship. There might be two avenues for you:

1. Re-apply for the Settlement Scheme, not via a derivative right of residence, but as an unmarried partner. They will argue you are missing a EEA document (EEA Family permit or EEA Residence Card), but you might get away with arguing that your EU regulations 2016 stamp stands in for a EEA Family Permit.

2. You go to any country (Hungary or any other you can go) and you make a Family Permit application from there under the EEA rules as an unmarried partner. You would need to do this abroad, since family permits can only be applied from abroad.

Sadly, the straightforward route for you would have been to apply for a EEA Residence Card from inside the UK, but that was shut on December 31st 2020; no longer possible to apply.

[Obie]

The Hungary Constitutional court ruled in 2009 that it was unlawful for Hungary to offer marriage type partnership to heterosexual couples, as the option of marriage was open to them, unlike in the case of homosexual couple.

The registration of Cohabitation is different from the partnership registration. It could be used to support a durable relationship application, but not family member application.

[kamoe]

The Hungary Constitutional court ruled in 2009 that it was unlawful for Hungary to offer marriage type partnership to heterosexual couples, as the option of marriage was open to them, unlike in the case of homosexual couple.

The registration of Cohabitation is different from the partnership registration. It could be used to support a durable relationship application, but not family member application.

Thanks Obie, that's what I was fearing.

So for the OP: Seems like the two options above, as unmarried partner, might be the ones to explore. Do let us know if this is clear, I am conscious there have been a number of gross misunderstandings in your case, and this is a long post!

[kamoe]

If at all this makes it easier to understand where your applications have gone wrong:

For both the EEA Residence Card and the EU Settlement Scheme, Your EU national sponsor should be your partner, NOT your kids.

In other words, the main reason you are claiming to come to join family is that you are the partner of an adult EU citizen, not that you are the parent of EU children. That's it in a nutshell.

[topellycatego]

If at all this makes it easier to understand where your applications have gone wrong:

For both the EEA Residence Card and the EU Settlement Scheme, Your EU national sponsor should be your partner, NOT your kids.

In other words, the main reason you are claiming to come to join family is that you are the partner of an adult EU citizen, not that you are the parent of EU children. That's it in a nutshell.

Kamoe thank you very much I feel that's the only route I have now , I will make application now under unmarried partner route and hopefully It comes out successful.

Thank you Kamoe for your time and assistance .

[topellycatego]

The Hungary Constitutional court ruled in 2009 that it was unlawful for Hungary to offer marriage type partnership to heterosexual couples, as the option of marriage was open to them, unlike in the case of homosexual couple.

The registration of Cohabitation is different from the partnership registration. It could be used to support a durable relationship application, but not family member application.

You are right Obie on this note, The kind of partnership at the Notary public office I did with my partner can't be a substitute for marriage , I just did it as additional documents to support my claim that I'm in a relationship with my partner .

Anyway as Kamoe said and from other information I gather my best bet is to make application for the unmarried partner route . I really appreciate you guys for all your effort so far .

Thanks a lot stay safe.