My family leave to remain with an EEA national refused

[Ed8383]

Hi All,

I just received a refusal letter for an FLR (M) application I made about two months ago based on an unmarked relationship with an EEA national. I am broken, I have a good well-paid job, partner has a full-time job too but she doesn't have a permanent resident card yet as she has been here in uk for less than 5 years (3.5 years).
I am shocked and don't know what to do? I am from Iraq and you may imagine going back there is never never an option.
They say in the letter you need to leave now. is there any other options?
your help and advice will be really really appreciated.

just for your info, I have been in the uk for 5.5 years.

[Casa]

If your partner is an EEA national without settled status in the UK (PR) you don't qualify for FLR(M). This is an application under UK Immigration Rules, not EEA Regulations.

Assuming you have evidence of living together in a durable relationship 'akin to marriage' for a minimum of 2 years and have the documented evidence to support this, you should have applied as a Extended Family Member of an EEA national.

What is your current status in the UK?

[Obie]

Hi All,

I just received a refusal letter for an FLR (M) application I made about two months ago based on an unmarked relationship with an EEA national. I am broken, I have a good well-paid job, partner has a full-time job too but she doesn't have a permanent resident card yet as she has been here in uk for less than 5 years (3.5 years).
I am shocked and don't know what to do? I am from Iraq and you may imagine going back there is never never an option.
They say in the letter you need to leave now. is there any other options?
your help and advice will be really really appreciated.

just for your info, I have been in the uk for 5.5 years.

Yes i agree with Casa, you ought to have sought advice before applying for FLR(M).

[Ed8383]

Thanks a lot for your replies, I had a tier 4 visa until a month ago, now expired. I am applying tomorrow again for an EEA extended family visa with help of a solicitor. But the problem is I have a full-time job now, I am not sure if I am legal to continue to work until I get a decision or shall I leave my job? The solicitor told me it will take at least six months to get a decision. The job I have is a dream job and really well-paid, not sure what to do really to keep it if I am not allowed to work. Thanks again for your advices.

[Obie]

It all depends on if your claim was certified as clearly unfounded. If it was, then you will lose your section 3C rights.

[Ed8383]

Thanks Obie,

They say in the refusal letter that my case is unfounded. But they refused it because my partner was not settled in the UK.
am I an overstayer in this case? if I reapply just two or three days after getting the refusal letter?

[secret.simon]

I had a tier 4 visa until a month ago, now expired. I am applying tomorrow again for an EEA extended family visa with help of a solicitor.

An application under the EEA Regulations does not extend Section 3C leave. Nor does an invalid application (such as your previous FLR(M) application) extend Section 3c leave.

You have no legal status in the UK between the end of your Tier 4 visa and any subsequent grant of an EFM EEA Residence Card. Were you to be married to the EEA citizen, your legal status would spring from your marriage and not from the grant of a Residence Card.

How long have you been in a "durable relationship"/"relationship akin to marriage" with your EEA citizen partner? Do you have documentary proof of such relationship?

[Ed8383]

Thanks a lot.

I have been in a relationship with her and living together for more than two years, I have all sorts of proof. All bill are on both our names, tenancy agreement, loads of pictures taken together while living together and going on holiday in different countries, all flight and hotel bookings made for both of us...etc. But we are unmarried.

[secret.simon]

All bill are on both our names, tenancy agreement

This is the crucial bit. Bills, bank statements, tenancy agreements in common names for at least two years. Apply asap.

However, as I have already mentioned, you currently have no legal status in the UK, until the Home Office issues the EFM Residence Card. And given that the Home Office has been under the cosh with processing EEA applications due to Brexit, it may take six months before they issue your EFM Residence Card.

[Obie]

It does not follow that because you are in a relationship with an EEA nation without right of permanent residence, therefore your human right is unfounded. That is totally crazy. A certification in such circumstances will be bound to be unlawful.

[Ed8383]

Thanks a lot Simon for your kind replies.
am I then considered and overstayer? will that affect my good character when I apply for ILR or citizenship later?

[secret.simon]

am I then considered and overstayer?

Unfortunately yes, if you stay in the UK before you are issued an EFM Residence Card (you have mentioned that your Tier 4 visa has already expired).

will that affect my good character when I apply for ILR or citizenship later?

If you are accepted as the durable partner of an EEA citizen, then you should get PR under the EEA Regulations after five years of the issue of the EFM Residence Card AND provided the relationship between your partner and you lasts those five years. PR under the EEA regulations has no requirements for good character.

However, it does affect the good character requirements for naturalisation, as currently defined.

[Ed8383]

Thanks guys for your answers,

One last question I would like to ask, in my refusal letter, it was stated that '' you are liable for removal'', I am making a fresh application tomorrow, so just 5 days after receiving the refusal letter. should I be worried about detaining and removal? will they let me know before they do so or they just come and take me to a removal centre? how will it take usually for a removal to happen?