FLR(m) refused

[jojo1984]

Hi I was hoping someone here might be able to help.

My partner applied for Unmarried Partner Visa on 6th September 2012. We have just been refused.

I am his sponsor. We have been together for six years and I am an EEA citizen but not UK citizen, and he is a New Zealand citizen.

We were refused on the grounds that I do not prove I am present and settled in the United Kingdom. The letter says I have to show to have been here for a continuous period of 5 years and have provided no evidence that I hold a document that I am a permanent resident in the UK.

The reason I am confused is because I do not know what document I am meant to have to prove this. I have been a student here and worked here.

We have the right to appeal which we will be doing. All advice would be greatly appreciated.

[vinny]

That is correct. You should show that you have attained PR, otherwise you will not be considered as settled. However, there is no advantage in your unmarried partner applying for FLR(M).

He should have applied for a residence card under the EEA provisions.

So, I am moving this thread to the EEA-route forum.

[Obie]

The question is whether or not you can prove that your relationship is durable, and whether it is appropriate in all the circumstances for Residence Card to be granted to your partner.

It is also noteworthy that as an unmarried partner, your partner may be able to obtain residency rights, but he has no automatic rights to it, in contrast to spouse.

I agree with Vinny, that FLR was not the appropriate application.