Help EEA2 unmarried partner breaking up soon

[Tiktok]

Hi guys hope u doing good
I need help pls I'm on EEA2 unmarried partner (my partner she's Romanian national) I got my residence card in August 2018 and we had New baby 2 months ago and now we having lot of argument I done think we gonna last long
I need help pls if we break up what do I have to do

[Casa]

The official guidance|:
"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."

[Obie]

Is she exercising treaty rights in the UK at present?

[Tiktok]

Yes she's is and she been here in the UK for 6 years

[Tiktok]

Should I get married to her will make any difference

[Tiktok]

Hi guys I'm new here I have problem if any one can give some ideas will be much appreciated thank u 

I'm non eu national I came to the UK in 2015 I meet partner eu national Romanian on September 2016 I applied for residence card on June 2018 I got my residence card in august 2018 and we got married on April 2019 and we have baby 8 month's old his eu and British and my partner shes been granted settle status and I been granted pre settled 

I just to know if we break up do I have any options to retain right to reside or to remain in the UK because our relationship it's going through bad time.

Thanks lot

[askmeplz82]

I can’t tell you what is the requirement under EEA pre settlement scheme because home office hasn’t published anything in case like yours. So best thing is to ask them by email .

But You can only apply for Retained Right Of Residence Under EU law


Regulation 10(5)(d)(i)

To meet the conditions of regulation 10(5)(d)(i) the applicant must have:
• been married to, or in a civil partnership with, the European Economic Area (EEA) national for at least 3 years immediately before beginning proceedings for divorce, annulment or dissolution
• lived in the UK with the EEA national sponsor for at least one year during the time of their marriage or civil partnership

Regulation 10(5)(d)(ii)

To meet the conditions of regulation 10(5)(d)(ii) the applicant must have custody of the EEA national sponsor’s child.
Regulation 10(5)(d)(iii)
To meet the conditions of regulation 10(5)(d)(iii), the applicant must have the right of access to the EEA national sponsor’s child, where the child is aged under 18, and where a court has ordered that such access must take place in the UK.
The retained right of residence obtained in these circumstances will end when the:
• custody of the child ends
• applicant no longer has the right of access to the child
• order granting access is amended to allow the access to take place outside the
UK
• applicant gains the right of permanent residence in the UK
• child named in the order reaches the age of 18 (if more than one child is
involved then it will end when the youngest child reaches the age of 18).

[CR001]

I can’t tell you what is the requirement under EEA pre settlement scheme because home office hasn’t published anything in case like yours. So best thing is to ask them by email .

But You can only apply for Retained Right Of Residence Under EU law


Regulation 10(5)(d)(i)

To meet the conditions of regulation 10(5)(d)(i) the applicant must have:
• been married to, or in a civil partnership with, the European Economic Area (EEA) national for at least 3 years immediately before beginning proceedings for divorce, annulment or dissolution
• lived in the UK with the EEA national sponsor for at least one year during the time of their marriage or civil partnership

Regulation 10(5)(d)(ii)

To meet the conditions of regulation 10(5)(d)(ii) the applicant must have custody of the EEA national sponsor’s child.
Regulation 10(5)(d)(iii)
To meet the conditions of regulation 10(5)(d)(iii), the applicant must have the right of access to the EEA national sponsor’s child, where the child is aged under 18, and where a court has ordered that such access must take place in the UK.
The retained right of residence obtained in these circumstances will end when the:
• custody of the child ends
• applicant no longer has the right of access to the child
• order granting access is amended to allow the access to take place outside the
UK
• applicant gains the right of permanent residence in the UK
• child named in the order reaches the age of 18 (if more than one child is
involved then it will end when the youngest child reaches the age of 18).

They haven't been married for 3 years for RoR to be of use.

[Tiktok]

Thanks lot for ur reply
We only been married for 2 months now but I have biometric residence card from August 2018 I applied as unmarried partner but we have baby together he's eu and British will be able to retain right of residence

[Tiktok]

I can’t tell you what is the requirement under EEA pre settlement scheme because home office hasn’t published anything in case like yours. So best thing is to ask them by email .

But You can only apply for Retained Right Of Residence Under EU law


Regulation 10(5)(d)(i)

To meet the conditions of regulation 10(5)(d)(i) the applicant must have:
• been married to, or in a civil partnership with, the European Economic Area (EEA) national for at least 3 years immediately before beginning proceedings for divorce, annulment or dissolution
• lived in the UK with the EEA national sponsor for at least one year during the time of their marriage or civil partnership

Regulation 10(5)(d)(ii)

To meet the conditions of regulation 10(5)(d)(ii) the applicant must have custody of the EEA national sponsor’s child.
Regulation 10(5)(d)(iii)
To meet the conditions of regulation 10(5)(d)(iii), the applicant must have the right of access to the EEA national sponsor’s child, where the child is aged under 18, and where a court has ordered that such access must take place in the UK.
The retained right of residence obtained in these circumstances will end when the:
• custody of the child ends
• applicant no longer has the right of access to the child
• order granting access is amended to allow the access to take place outside the
UK
• applicant gains the right of permanent residence in the UK
• child named in the order reaches the age of 18 (if more than one child is
involved then it will end when the youngest child reaches the age of 18).

We only been married for 2 months but we been living together for 3 years and we have baby 8 months old UK born I applied as unmarried partner I got my residence card 1 year ago

[askmeplz82]

Unmarried partner need to live together for 5 years

Married partner need to be married for 3 years to be eligible for retained right of residence

Because your RC or Pre settlement start from RC issued date

So you can apply for Settlement 5 years after RC issued date if you living together continuously with your Eu partner

I don’t know how you will qualify after 4 years settled status if you leave your wife now

[Tiktok]

Unmarried partner need to live together for 5 years

Married partner need to be married for 3 years to be eligible for retained right of residence

Because your RC or Pre settlement start from RC issued date

So you can apply for Settlement 5 years after RC issued date if you living together continuously with your Eu partner

I don’t know how you will qualify after 4 years settled status if you leave your wife now

Thanks a lot for ur reply so even if I got married.
after 3 years of marriage I won't eligible for retain right of residence because I applied as unmarried partner and what about my child won't help me

[Tiktok]

Is she exercising treaty rights in the UK at present?

Yes she is and shes got the settled status