Can I apply as a family member of my EEA unmarried partner?

[liberty1]

Hi all, and thanks for reading. I am an Italian mother of a child born in 2014 who has both British and Italian citizenship. The father is my unmarried partner of 17 years and he is also from Italy. We all reside here in England together. My partner obtained a document certifying permanent residence in 2013 and then also obtained citizenship in 2014. I would like to obtain a document certifying residence but I don't probably qualify as a resident-worker as I didn't work since 2013 and occasionally in the years immediately before my son was born (due to a previous lost pregnancy, health issues). Can I apply as a family member of my unmarried partner? can he be my sponsor? Many thanks
PS no criminal record, never required benefits, plenty of documentation of residence, my partner has permanent employment

[forestgump]

Hi all, and thanks for reading. I am an Italian mother of a child born in 2014 who has both British and Italian citizenship. The father is my unmarried partner of 17 years and he is also from Italy. We all reside here in England together. My partner obtained a document certifying permanent residence in 2013 and then also obtained citizenship in 2014. I would like to obtain a document certifying residence but I don't probably qualify as a resident-worker as I didn't work since 2013 and occasionally in the years immediately before my son was born (due to a previous lost pregnancy, health issues). Can I apply as a family member of my unmarried partner? can he be my sponsor? Many thanks
PS no criminal record, never required benefits, plenty of documentation of residence, my partner has permanent employment

Yes, you can apply for PR as a extended family member of a qualified person.
Here is your option in PR application form:

I’ve lived in the UK for a continuous period of ve years as an EEA national quali ed person, the family member or extended family member of a quali ed person, or a combination of these.
Complete sections 5, 9, 16, 17, 18 and 19. (If you are or have been a family member or extended family member, also complete the relevant section(s) as indicated in question 3.2 below.)

As you are unmarried, you need to prove 2 years of a cohabitation and supply another relevant documentation.

[Casa]

Your husband ceased to be able to sponsor you under EEA Regulations once he became a British citizen. How long have you been living with your husband in the UK?

[liberty1]

Your husband ceased to be able to sponsor you under EEA Regulations once he became a British citizen. How long have you been living with your husband in the UK?

Thank you very much for your answer. He still has Italian citizenship though (dual) so he is still an EEA qualified person. Do you still think he ceased to be able to sponsor me only because he also acquired Bristish citizenship? Seems strange. Please let me know. mant thanks! PS answering your question, we lived here together since 2001

[liberty1]

Yes, you can apply for PR as a extended family member of a qualified person.
Here is your option in PR application form:

I’ve lived in the UK for a continuous period of ve years as an EEA national quali ed person, the family member or extended family member of a quali ed person, or a combination of these.
Complete sections 5, 9, 16, 17, 18 and 19. (If you are or have been a family member or extended family member, also complete the relevant section(s) as indicated in question 3.2 below.)

As you are unmarried, you need to prove 2 years of a cohabitation and supply another relevant documentation.[/quote]

Thanks for your answer. That's what I would think, too....but my doubt concerns the fact that he has also Bristish citizenship. Could that cause problems? Casa (see his answer) says he has lost the right by becoming a Bristih citizen. Seems strange to me...But if that's the case, what can we do?

[Casa]

Did you click on the link 'ceased' underlined in blue in my post

By the way...I'm a 'her'

[secret.simon]

Thank you very much for your answer. He still has Italian citizenship though (dual) so he is still an EEA qualified person. Do you still think he ceased to be able to sponsor me only because he also acquired Bristish citizenship? Seems strange. Please let me know. mant thanks! PS answering your question, we lived here together since 2001

Dual EEA/British citizens are treated as solely British citizens and can not sponsor under the EEA Regulations.

Did you work for any five continuous years between 2001 & 2013? And do you have proof (P60s, salary slips, etc) of such work?

[liberty1]

Did you click on the link 'ceased' underlined in blue in my post

By the way...I'm a 'her'

Hi Casa and sorry for the "his"!. I did click but found it confusing, sorry.
Anyhow if that's the case what other choice do we have?
I know I could qualify as a worker/resident as I worked constinuously form 2001 to 2006 but it's so long ago it might be difficult to prove. Afterwards I worked both as self employed and employee and I know that the self employement can be a problem.
Any other options? As a mother of a British child and unmarried partner of a British man I should have some rights I guess...We are planning to get married by the way. What could we do? Many thanks again!

[liberty1]

Thank you very much for your answer. He still has Italian citizenship though (dual) so he is still an EEA qualified person. Do you still think he ceased to be able to sponsor me only because he also acquired Bristish citizenship? Seems strange. Please let me know. mant thanks! PS answering your question, we lived here together since 2001

Dual EEA/British citizens are treated as solely British citizens and can not sponsor under the EEA Regulations.

Did you work for any five continuous years between 2001 & 2013? And do you have proof (P60s, salary slips, etc) of such work?

As I was telling Casa I know I could qualify as a worker/resident as I worked constinuously form 2001 to 2006 but it's so long ago it might be difficult to prove. Afterwards I worked both as self employed and employee and I know that the self employement can be a problem.
What else could we do? As I mother of a British child and unmarried partner of a British citizen there must be a way... We are planning to get married very soon by the way. Any ideas? Thank you so much

[secret.simon]

I know I could qualify as a worker/resident as I worked constinuously form 2001 to 2006 but it's so long ago it might be difficult to prove. Afterwards I worked both as self employed and employee and I know that the self employement can be a problem.

It may be difficult, but it would be a lot easier than trying to qualify on the basis of either a British partner or a British child. British citizens ironically have fewer rights when it comes to family members than EEA citizens. For instance, British citizens need to prove an annual salary of £18,600 for at least six months and the visa for the spouse of a British citizen only lasts 2.5 years. The spouse also needs to take English fluency tests, etc. EEA citizens have no such requirements.

See if you can put proof together as regards your own exercise of treaty rights. The easiest would be if you had P60s for five continuous years.

[liberty1]

https://www.theguardian.com/politics/20 ... are_btn_tw

I did read this article and am truly shocked. I woandering on the implications on our family life. I cannot believe that it is ok to split a family on such grounds. I really can't wait to know what will happen on the 30th and the implications. A lot of worry

[secret.simon]

I woandering on the implications on our family life. I cannot believe that it is ok to split a family on such grounds.

Don't wait for others to fix the issue you face. Get your own paperwork in order.

[liberty1]

I know I could qualify as a worker/resident as I worked constinuously form 2001 to 2006 but it's so long ago it might be difficult to prove. Afterwards I worked both as self employed and employee and I know that the self employement can be a problem.

It may be difficult, but it would be a lot easier than trying to qualify on the basis of either a British partner or a British child. British citizens ironically have fewer rights when it comes to family members than EEA citizens. For instance, British citizens need to prove an annual salary of £18,600 for at least six months and the visa for the spouse of a British citizen only lasts 2.5 years. The spouse also needs to take English fluency tests, etc. EEA citizens have no such requirements.

See if you can put proof together as regards your own exercise of treaty rights. The easiest would be if you had P60s for five continuous years.

Hi Simon, I will look into my documentation asap.
Many thanks!!