Pre-Settlement Refused UNMARRIED PARTNER

[rehrodriguess]

Hi all,

I'm in a same sex relationship with my girlfriend for almost 6 years now. We lived in Portugal for the past 3 years and I have my residency there approved by work. She's Portuguese/Brazilian and have already her pre settlement status approved in the UK.
I arrived in the UK on Dec 27th 2020 and applied for the pre settlement status on that same day as unmarried partner, since we were not able to make a civil partnership/marriage before. Unfortunately, I did not have Family Permit, once I arrived in the UK, and today, May 19th, I got my decision saying that I got my application refused based on no family permit.

"The required evidence of family relationship for a durable partner of a relevant EEA
citizen is a valid family permit or residence card issued under the EEA Regulations (or by
the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man) as the durable
partner of that EEA citizen and, where the applicant does not have a documented right of
permanent residence, evidence which satisfies the Secretary of State that the durable
partnership continues to subsist.
Home Office records do not show that you have been issued with a family permit or
residence card under the EEA Regulations as the durable partner of the EEA national and
you have not provided a relevant document issued on this basis by any of the Islands."

Above is the reason for refusal that they stated.. I understand that I was apparently supposed to have the Family Permit, but upon some research I could see that this requirement for the family permit is a bit confuse, since I have been with my partner for several years and we have several evidences that we've been together, including rent agreement that states our both names for house we lived in Brazil..

Does anyone have any idea on the best way to appeal on this one?

Thanks!

[kamoe]

upon some research I could see that this requirement for the family permit is a bit confuse, since I have been with my partner for several years and we have several evidences that we've been together, including rent agreement that states our both names for house we lived in Brazil..

It does not matter that you can produce other documents that prove history of your relationship, that's not how it works.

I'm afraid, the requirement for unmarried partners is that you have to have a document issued under EEA regulations. The only exception to that is for unmarried partners of people from Northern Ireland. I created this topic to to see if there were first-hand accounts of people having been successful otherwise, and no one replied. I'm afraid that means the answer is likely "No, EUSS not possible for unmarried partners without EEA documentation".

Does anyone have any idea on the best way to appeal on this one?

Since you did not comply with the requirements, any attempt to appeal will fail.

The best thing you can do is to apply for a EEA Family Permit (and then, re-apply for Pre-Settlement providing your EEA Family Permit). Since you have all the proof, you should get it with no problem. Deadline to apply is June 30th.

[kamoe]

And since the Family Permit can only be applied for abroad, I'm afraid you need to leave the UK to apply! (Again, keep in mind there is a looming deadline). It is my understanding that you can do this from any non-UK country, not necessarily your country of nationality or previous residence.

[rehrodriguess]

The thing is, the Family Permit is taking a long time to be approved and apparently all family permits will only be valid until June this year.. So, I can still apply from Portugal or anywhere.. But if the family permit will be only valid until June.. I'm not sure on how it will work..

And even with the Family permit, if approved, will I be able to return to the UK with this family permit normally?

[kamoe]

The thing is, the Family Permit is taking a long time to be approved and apparently all family permits will only be valid until June this year..

Yes I see that, sadly.

Which is why it was a bad idea to come to the UK without one, I'm afraid. This is why asking the right questions in this forum when you were planning to come last year would have been a good idea...

...But what's done it's done. It is still better to apply and maybe have a path to the EU Settlement Scheme, than do nothing and definitely have the doors closed.

So, I can still apply from Portugal or anywhere.. But if the family permit will be only valid until June.. I'm not sure on how it will work..

And even with the Family permit, if approved, will I be able to return to the UK with this family permit normally?

All I can tell you is that the Home Office has moved the deadlines for the validity of EEA Residence Cards already twice. This is not a guarantee that the same thing will happen with Family Permits, but it's telling of how maybe not everything will be lost if at all you get your permit after June.

[manci]

There is now also an EUSS Family Permit (as distinct from the EEA Family Permit) which has no deadline for applications but can also only be applied for from abroad.
https://www.gov.uk/family-permit/eu-set ... ily-permit

It requires the following evidence for unmarried partners:

If you’re an unmarried partner you’ll need to provide evidence that you were in your long-term relationship by 31 December 2020

This usually means showing that you had been living together for 2 years. Evidence could include:

bank statements, utility bills or official correspondence that shows you and your partner at the same address
documents showing joint finances, like a tax return
birth certificates or custody agreements showing that you shared responsibility for children while living together
You’ll also need to provide evidence that:

you’re still together when you apply
if you were resident in the UK before 1 January 2021, evidence that you were legally resident during that time

The standard processing time for an EU Settlement Scheme Family Permit is 15-business days.

With the Family Permit you'll be able to return to the UK.

[manci]

Once you have the Family Permit you can also apply under the EUSS from abroad

[kamoe]

There is now also an EUSS Family Permit (as distinct from the EEA Family Permit) which has no deadline for applications but can also only be applied for from abroad.
https://www.gov.uk/family-permit/eu-set ... ily-permit

It requires the following evidence for unmarried partners:

If you’re an unmarried partner you’ll need to provide evidence that you were in your long-term relationship by 31 December 2020

This usually means showing that you had been living together for 2 years. Evidence could include:

bank statements, utility bills or official correspondence that shows you and your partner at the same address
documents showing joint finances, like a tax return
birth certificates or custody agreements showing that you shared responsibility for children while living together
You’ll also need to provide evidence that:

you’re still together when you apply
if you were resident in the UK before 1 January 2021, evidence that you were legally resident during that time

The standard processing time for an EU Settlement Scheme Family Permit is 15-business days.

With the Family Permit you'll be able to return to the UK.

Uhmm yes, good point. I think this was raised at some point in the past as an alternative, but I believe it wasn't clear if this was a realistic option for unmarried partners at the time (I do remember checking this out and not being able to arrive at a conclusion for some reason, maybe they've changed the wording?).

But just based on how it's written today, seems like it could be another good shot. Thanks @manci.

[rehrodriguess]

The standard processing time for an EU Settlement Scheme Family Permit is 15-business days.

With the Family Permit you'll be able to return to the UK.

It took them nearly 5 months to give me an answer on my application, so it would be amazing to have the standard time.. But I'm not so optimistic about it. But it's good to know that I still have this option to count on. Thank you manci,

By doing the EUSS Family Permit, I need to apply online and still get my biometrics done once more?

[manci]

By doing the EUSS Family Permit, I need to apply online and still get my biometrics done once more?

Yes, but this should be the least of your concerns. The key to a successful application for the EUSS Family Permit will be the documents you'll be able to assemble and submit to evidence the durable relationship with your EU national partner.

[kamoe]

The standard processing time for an EU Settlement Scheme Family Permit is 15-business days.

With the Family Permit you'll be able to return to the UK.

It took them nearly 5 months to give me an answer on my application, so it would be amazing to have the standard time.. But I'm not so optimistic about it.

You seem to be putting in the same bag two completely different things:

1. Applications for Family Permits, which are only short-term entry permits (6 months validity)
2. Applications for long-term residence (5 years validity)

Processing time for No. 1 is usually quick, between a couple of days to a couple of weeks. This is the case for both EEA Family Permits and EUSS Family Permits.

Processing times for No. 2 is much longer, historically between 3 to 6 months. Again, this is the case for the now decommissioned EEA Residence Card or its replacement, the EU PreSettled Status

Back in 2016 own EEA Family Permit took 3 days; while the EEA Family Card took 5 months.

So if the only reason you fear a Family Permit (EEA or EUSS) is going to take long is because it took 5 months to receive a refusal on your Pre-Settled status... you are comparing apples with oranges.

[Obie]

And since the Family Permit can only be applied for abroad, I'm afraid you need to leave the UK to apply! (Again, keep in mind there is a looming deadline). It is my understanding that you can do this from any non-UK country, not necessarily your country of nationality or previous residence.

This may be the policy, but it may not be correct. The UK has an obligation to facilitate residence, either through the residence card scheme or otherwise.

It cannot say it was only facilitate entry and not residence. Therefore a scheme must be put within the UK to facilitate residence for unmarried partner of EEA citizen who were residing in the UK before the end of the transition period.

It cannot be correct to say that they have to apply from overseas for an EEA family permit first.

[rehrodriguess]

Well, just an update.. Had called the resolution center to check what they had to say and what options I had..
What was said was:

Apply for EUSS family permit from outside of the UK
Wait for the decision to be made
Once the decision was made, return to the UK and re-apply for the Pre-Settlement Scheme

Apply as Joining Member was repeatedly said to me.

Well, that's it for now.

[manci]

called the resolution center to check what they had to say

They said the same as you were advised on the forum

[rehrodriguess]

Yeah, but now I got a information from a official channel, that's why I gave the update here, since no one here is actually an official spokes person.. So, just wanted to help.

[manci]

by Obie » Thu May 20, 2021 8:45 am

This may be the policy, but it may not be correct. The UK has an obligation to facilitate residence, either through the residence card scheme or otherwise.

It cannot say it was only facilitate entry and not residence. Therefore a scheme must be put within the UK to facilitate residence for unmarried partner of EEA citizen who were residing in the UK before the end of the transition period.

It cannot be correct to say that they have to apply from overseas for an EEA family permit first.

Although she did not specifically say so I suspect that the OP is in the UK as a visitor. Under the rules visitors are not eligible to apply, hence the refusal.

She was resident in Portugal for the past 3 years and in Brazil before then. Had she been resident in the UK she would have obtained a UK immigration document under EEA rules and would have been eligible to apply under the EUSS in-country.

Under the circumstances I think the only option for her is to apply for a EUSS Family Permit from abroad and once she has obtained it come to the UK and apply under the EUSS.

[kamoe]

now I got a information from a official channel

The EU Resolution Centre is not the Home Office, and it is known for not always giving correct information. We've seen more than a few sad examples of gross misinformation coming out of there that has negatively affected people's applications and residence options!

But... in your case their answer seems reasonable.

no one here is actually an official spokes person.

This is not an official channel, it's an anonymous forum, but that doesn't mean no one here is an official spokesperson
I've also seen very insightful answers from widely respected professionals here.

. So, just wanted to help.

Thanks, all first-hand accounts are extremely helpful, and the life of this forum.