break-up in durable relationship and its impact on residency

[Shlumaan]

I would appreciate any relevant knowledge and guidance on the following matter.

I am a non-EEA national and I received my UK 5-year residency as a family member to an EEA member. The home office decision was based on our evidence for having been in a "durable relationship". My residency was given to me in July 2007. In March 2008 my relationship with the EEA member ended. I have lived on my own since May 2008 till now.

I have come across a section in the immigration rules by the title "dissolution of civil partnership" and "retention of the right of residence" stipulating I may be entitled to retain my residency in the event I am financially fully self-sufficient and me and my ex have been together more than 3 years.

I have sent a general question to immigration offices a while ago about the matter and their response was generic saying I should wait till the end of the 5 years and then apply for indefinite stay.

My worry is that I may have needed to declare the termination of my relationship and perhaps fill in new forms to retain my residency and not wait. Besides I end up covering the truth each time I travel back to the UK and asked by an officer whether the status has changed. I am at a point of insecurity whether I am playing it legal or not.

I couldn't find any information about the procedures to report a change in durable relationship and what steps to take to be able to retain my residency.

Any thoughts or ideas would be very helpful.

Many thanks, Shlomi.

[John]

I have come across a section in the immigration rules by the title "dissolution of civil partnership" and "retention of the right of residence" stipulating I may be entitled to retain my residency in the event I am financially fully self-sufficient and me and my ex have been together more than 3 years.

Sorry, I don't think that you have a retained right of residence. Correct me if I am wrong but you and your ex-partner were not in a marriage, nor in the same-sex equivalent .... a Civil Partnership ..... and according to the EU Directive that came into force on 30.04.06 .... the retention of rights only applies to those who were in such a relationship.

You were in a "durable relationship" which has actually proved not to be that durable. I think your right to stay in the UK ceased as soon as the relationship broke up.

Are you in a new relationship now?

[Shlumaan]

Hi thank you for your reply.

To answer the last question, no, I'm not in a relationship at the moment and still in touch with my ex-partner.

With regards to your comments: firstly I was assuming that 'durable relationship' also falls under the new regulations even thought not specifically mentioned. I often found in reading on immigration rules that it is always last or even fails to be mentioned. Nevertheless, it makes sense to me that all rules that apply to civil partnership and marriage apply to me all the same as the result of my application granted me the same status, ie family member, as in cases of marriage for example.

One last thing to emphasise that the officers who responded to my emails in the past after the breakup only said I should wait until the end of the period but didn't mention anything about me losing my entitlement to stay and continue my life in the UK.

I do appreciate your challenging my understanding as I am also in doubt otherwise I would have not posted this question.

[Wanderer]

Aren't unmarried partners classed as 'Extended Family Members' ie not 'Family Members'? A very important distinction....

[Shlumaan]

on my residence card it clearly says 'residence card of a family member of an EEA national'. the letter that came with it at the time stated the same. I don't think this is the case. any more clues about my situation?

[jei2]

Aren't unmarried partners classed as 'Extended Family Members' ie not 'Family Members'? A very important distinction....

Yes they are - and yes it is.

With regards to your comments: firstly I was assuming that 'durable relationship' also falls under the new regulations even thought not specifically mentioned. I often found in reading on immigration rules that it is always last or even fails to be mentioned. Nevertheless, it makes sense to me that all rules that apply to civil partnership and marriage apply to me all the same as the result of my application granted me the same status, ie family member, as in cases of marriage for example.

Unfortunately it doesn't work like that; if you were not in a marriage or civil relationship, the rules will be applied differently and your rights will be lesser. You might have to find some other category under which to apply.

It also saves tears if you act on what you hear; instead of what you want to hear...

[Shlumaan]

Thank you Jei2 for your answer.

So based on your knowledge and 'hearing' of the situation, can you please guide me how to inform the immigration about the changes and what you predict that will happen as a result? I am interested to know if this is black and white circumstances or whether my current financial circumstances and contribution to society might play any role.


Mind you that I've already sent an email to immigration offices and was only told to await the period of five years and then apply for indefinite stay as though the termination of my relationship did not matter.

Thanks.

[jei2]

Did they actually state in writing that the termination of your relationship didn't matter?

[Shlumaan]

I explained my circumstances to them mentioning 'durable relationship'. Their reply was pretty much a quotation from the rules I've already referred to earlier. Here's the quotation: "Please be advised that, if your marriage or civil partnership to an EEA National has broken down, you will retain a right of residence in the UK if you meet the following requirements:
The marriage or partnership lasted for at least three years immediately before divorce, annulment or dissolution proceedings started, and
You and your spouse/civil partner had lived in the UK for at least one year during the duration of the marriage or civil partnership, or
The former spouse/civil partner of the EEA National has custody or a right of access to the children in the UK, or
There are particularly difficult circumstances justifying the retention of the right of residence.
In such circumstances, a family member retains the right of residence if:
They are a non-EEA national but are working or self-employed, or
They are a self-sufficient person, or
They are the family member of a person in the UK who is either a worker, self-employed or a self-sufficient person."

What do you make of this? If what you and your colleagues said earlier about 'durable relationship' being less eligible than the categories mentioned above, then I'm finding their response very irrelevant and misleading as I had not mentioned marriage nor civil partnership, I mentioned 'durable relationship'.

There's yet truth to find :?