Unmarried partner right of Retention! !

[fridrik2]

Hi
I was partnership unmarried from 04/2013 with EEA Spanish so we come to uk 2015 ..we get separation 04/217
Igot all paper work self-employed from 2015 till 2018.
I applied for retention 10/2017 I got refuse in 01/2018 (no ID)
Applying fresh application 03/2018 .
My solicitor he did all . And I got COA ...
I still wait
I have got with her some emails explaining she don't want to give me her ID
So my question
What HO they will say in this proof now?

[secret.simon]

Unmarried partners do not have a right of retention. It is restricted to marriages that break down.

[Obie]

Not sure why i have been notified of this post when i have never contributed to it, perhaps it was linked to another post.

RE : Secretsimon.

In the generality of cases, and especially cases like the one here, you are rights.

However in circumstance where Durable partner faced domestic violence, I have successfully argued, that they should be able to retain a right of residence, just like the unmarried partner of a British Citizen.

This solicitor is clearly leading this individual along the wrong path. He will not be able to retain a right of Residence.

[CR001]

Not sure why i have been notified of this post when i have never contributed to it, perhaps it was linked to another post.

Sorry that was me as user tagged onto another topic you had offered advice on and I forgot to state I split the post to its own topic.

[secret.simon]

RE : Secretsimon.

In the generality of cases, and especially cases like the one here, you are rights.

However in circumstance where Durable partner faced domestic violence, I have successfully argued, that they should be able to retain a right of residence, just like the unmarried partner of a British Citizen.

This solicitor is clearly leading this individual along the wrong path. He will not be able to retain a right of Residence.

Thank you for the clarification, Obie. I also realised another exception after I posted; if the OP is in a registered same-sex partnership, equivalent to a civil partnership, I presume that retention of right of residence would still apply. Would I be correct in that interpretation?

[Obie]

Not sure why i have been notified of this post when i have never contributed to it, perhaps it was linked to another post.

Sorry that was me as user tagged onto another topic you had offered advice on and I forgot to state I split the post to its own topic.

No need to apologise char, you did precisely the right thing. Was just puzzled that all.

[Obie]

Thank you for the clarification, Obie. I also realised another exception after I posted; if the OP is in a registered same-sex partnership, equivalent to a civil partnership, I presume that retention of right of residence would still apply. Would I be correct in that interpretation?

I agree, provided the registered partnership is recognized in UK law as equivalent to a Marriage. Otherwise retention cannot be derived from it.

I think in the UK, same sex partnership appears to have more rights in that only they can choose to do marriage or enter into a civil partnership, both of which confer similar advantage under the directive and regulation.