PERMANENT RESIDENCY , INDEFINITE

[khan00]

HI THERES
i has completed 6 years in uk legally but here is gap for just around 1 years which i dont have visa because my passport were with ukba, at that times they were investigating us, me and gf,then i got residence documentation of 5 years in the base of durable relationship of two years which will be renew on feb 2020,
now we broke and we r living separate ,so its a confusion what will be my position now after brexit?
can i get PR? DO my 2 years of relationship will be counting ?i has completed 5 years with her ?
so whats now ?

[CR001]

If you were not married then you have no rights of residence and cannot get PR.

[khan00]

i m not but i has completed 5 years then what is this ?

[CR001]

What was your immigration status before you got your residence card?

Your count for PR as a durable partner starts on the date your residence card was issued NOT the start of your relationship.

If your relationship has ended, then so has your rights based on your EU partner.

[secret.simon]

In order for us to assist you further, give us your whole immigration history, including full dates for all visas/permits issued, all applications made and any appeals/administrative reviews.

[khan00]

simple, there is no appeal in my all cases,just came on student visa, 14/11 and then got me to investigation with my gf when they took me at that time i didnt apply for anything they investigated because of some one else , and at that time my visa finished because they revoked me and they also took my gf documents for 4 months, then ukba gave me a letter which shows u r outstanding with us, and give me permission u can apply for ur student visa or family so i did on family, so from nov 2012 to march 2015 i were in investigations but my gf was working like more then 50k per years, she had paid around 6k £every years tax, 25 feb 2015 i got residence documentation of 5 years but now we brok up, i have my own work, full time business , full paying taxes wth good history its so confusing now for me. i did read a section in eea regulations if u lived with spouse or gf for more then 3 years u can get ur pr?

[vinny]

Unfortunately, I think you misread. Boy/girl friends are not family members. They cannot retain the right of residence.

[khan00]

prior to the initiation of the proceedings for the termination of the marriage or the civil partnership, the marriage or civil partnership had lasted for at least three years and the parties to the marriage or civil partnership had resided in the United Kingdom for at least one year during its duration;
what is this ?
and this

https://www.gov.uk/government/publicati ... ily-permit
and lol,
if boy/girls r not a fsmily members then why they issuing residency ?

[khan00]

, 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

[secret.simon]

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'.

If you were married or in a (same-sex) civil relationship and you divorced, then you would have retained a right of residence. Spouses and civil partners are direct family members.

If you were issued a Residence Card as a durable partner and you were not married to your partner, you do not have a right to retain residence. You were an extended family member and the regulations that apply are completely different.

And yes, there are differences between the EU law for spouses/civil partners and for durable partners.

[vinny]

Agree with secret.simon.

They issued a residence card to you as an extended family member, not as a family member.
You were neither married nor had a civil partnership with your partner.

[khan00]

alright and whats the difference between residence card and residence documentation?which simply shows about renewal date ?
so what i can do now ?or just go home and leave my everything?like business ,banks?
opinion?

[vinny]

so what i can do now ?

Get back together with partner?

[khan00]

no, it say a family member not a extant family and say about renewal date too
so confusing

[secret.simon]

Your status in law is that of an extended family member.

The provision for retaining right of residence only applies to spouses and civil partners. It does not apply to durable partners.

so what i can do now ?

Get back together with partner?

Or look at applying for a visa under the UK Immigration rules (Tiers 2 or 4).

or just go home and leave my everything?like business ,banks?

I would suggest that you start planning for the eventuality that you would have to leave. Especially if you have a business, you would want to make appropriate provisions for administering your business from overseas.

[khan00]

no we cant together, she cheated on me , i dont want to get her,
but till what i can do?
i m fully a self employed

[secret.simon]

Forgive her and get back together or make plans for leaving.

She holds the cards, not you.

[vinny]

Unfortunately, if you are no longer in a durable relationship, then

(a) B continues to satisfy the conditions in regulation 8(2), (3), (4) or (5);

now fails.

[khan00]

what do mean? u means i can switch ?

[vinny]

No. I continue to agree with secret.simon.

[khan00]

lets go then , she was enjoying so me too, but i can apply to tier2 visa bcs i have standerd business?

[khan00]

so u means i need to go home

[khan00]

she is coming back to me but she is pregnant? what will be now ?another issue

[khan00]

READ CAREFULLY AND PLZ DONT GUIDE ANY ONE WITH WRONG WAY, FIND THE DEFINITION OF FAMILY MEMEBER FIRST....
“Family member”

7.—(1) In these Regulations, “family member” means, in relation to a person (“A”)—

(a)A’s spouse or civil partner;
(b)A’s direct descendants, or the direct descendants of A’s spouse or civil partner who are either—
(i)aged under 21; or
(ii)dependants of A, or of A’s spouse or civil partner;
(c)dependent direct relatives in A’s ascending line, or in that of A’s spouse or civil partner.
(2) Where A is a student residing in the United Kingdom otherwise than under regulation 13 (initial right of residence), a person is not a family member of A under paragraph (1)(b) or (c) unless—

(a)in the case of paragraph (1)(b), the person is the dependent child of A or of A’s spouse or civil partner; or
(b)A also falls within one of the other categories of qualified person mentioned in regulation 6(1).
(3) A person (“B”) who is an extended family member and has been issued with an EEA family permit, a registration certificate or a residence card must be treated as a family member of A, provided—

(a)B continues to satisfy the conditions in regulation 8(2), (3), (4) or (5); and
(b)the EEA family permit, registration certificate or residence card remains in force.
(4) A must be an EEA national unless regulation 9 applies (family members of British citizens).
http://www.eearegulations.co.uk/Regs201 ... ulation_07
POINT ...... who is an extended family member and has been issued with an EEA family permit, a registration certificate or a residence card must be treated as a family member of A, provided—
............

[vinny]

They cannot continue to treat you as a family member because you now fail 7(3)(a).