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EEA2 possible break up - options to remain in the UK?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Olliec
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EEA2 possible break up - options to remain in the UK?

Post by Olliec » Sun Dec 04, 2016 1:18 pm

Hi, I am in a similar situation and looking for options.

I've been in the UK from 2006 as a student and then switched to EEA2 (unmarried parter) in November 2011 so it is 5 years and 1 month.

We are still living together but our relationship is not working and we just keep arguing for silly reasons...Long story short, we are about to break up after nearly 8 years of living together.

It is likely that my partner won't be willing to cooperate with my application to PR.

She has been working full time for a long time 10+ years and she owns her own business so good on the exercising treaty rights part.

What are my options to get PR if any?

Thank you.

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Casa
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Re: EEA2 possible break up - options to remain in the UK?

Post by Casa » Sun Dec 04, 2016 1:29 pm

noajthan wrote:
mcd2016 wrote:Hi, thanks for taking the time to read this post.

I have been in the UK for 10 years (the first 6 with a student visa, the remaining 4 with an EEA2 card as the non-married partner of a EU national with whom I've stayed in a long-term relationship of 12 years, so we came to the UK together back in 2006). My EEA2 card expires in May next year and it's likely that my partner and I will break up before then as we've been having lots of difficulties.

Once my EEA2 card expires (May 2017), what options do I have to remain in the UK?

(I've been working full-time since 2012 and part-time since 2006. I'm 33, no kids. My current job is ending at the end of this year)

Many thanks for your help!

Zoe
Sadly, unmarried partners have few or no options after such a separation unless you can switch to a viable UK immigration route;
10-year LR comes to mind - you would have to dig into that: https://www.gov.uk/long-residence/overview

This is because...
If the relationship is terminated at any point during the five years immediately before permanent residence, then the durable partner no longer has a right of residence.
See HO guidance on this vital matter:
https://www.gov.uk/government/uploads/s ... _clean.pdf
- ref page 23+

@Olliec Have you read the advice given in the post above in this thread? :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Olliec
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Joined: Fri Apr 22, 2011 5:05 pm

Re: EEA2 possible break up - options to remain in the UK?

Post by Olliec » Sun Dec 04, 2016 1:39 pm

I have read the advise above, would it make a difference if the relationship breaks down after the 5 years of beeing on a EEA2 RC ? Have I aquired rights to PR?

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Casa
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Re: EEA2 possible break up - options to remain in the UK?

Post by Casa » Sun Dec 04, 2016 1:58 pm

If you have completed 5 years as an unmarried partner and your EEA sponsor has been exercising her Treaty rights throughout this period, then my understanding is that you can apply for confirmation of your PR now.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Obie
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Re: EEA2 possible break up - options to remain in the UK?

Post by Obie » Sun Dec 04, 2016 4:26 pm

If he has been issued with a residence card as a durable partner and has spent 5 years in the UK with the Residence Card.
Smooth seas do not make skilful sailors

noajthan
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Re: EEA2 possible break up - options to remain in the UK?

Post by noajthan » Sun Dec 04, 2016 4:31 pm

Olliec wrote:Hi, I am in a similar situation and looking for options.

I've been in the UK from 2006 as a student and then switched to EEA2 (unmarried parter) in November 2011 so it is 5 years and 1 month.

We are still living together but our relationship is not working and we just keep arguing for silly reasons...Long story short, we are about to break up after nearly 8 years of living together.

It is likely that my partner won't be willing to cooperate with my application to PR.

She has been working full time for a long time 10+ years and she owns her own business so good on the exercising treaty rights part.

What are my options to get PR if any?

Thank you.
To avoid confusion & jumbled responses, I have moved your question to its own thread (this one).

I assume by reference to 'EEA2' that you have an EFM RC.

In that case, start collating evidence now as you have 5 years time served under your belt.

There's ways and means for UKVI to be persuaded to gather information from estranged partner on your behalf but much more straightforward if you come up with the goods.

Once collated shoot off the application.

Regardless of the ins and outs of your relationship it would be prudent to get your EU documentation in the bag to confirm your status especially in light of any EU breakup/Brexit.
Suggest partner does the same for same reasons.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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