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Hi thanks for your reply.askmeplz82 wrote: ↑Thu Mar 05, 2020 12:36 pmI don't know who told you to apply under eu settlement. only married couple can apply under eu settlement with just marriage certificate. If you don't have marriage certificate then you should apply under EEA FREEMOVEMENT first . and if approved then UNDER EU settlement
You don't need visa to apply under eea freemovement.
Hi Lichzzlichzz wrote: ↑Thu Mar 05, 2020 10:34 amI got a refusal letter today.
I applied as a civil partnership of an Eu member. I uploaded a lot of proof of relationship include our civil partnership certificate and contract.
They said it is not a valid proof as I'm applying as a durable partner.
But I checked the website and guideline state family member is spouse and civil partner.
I also called the resolution centre when I made the application and they say it's ok.
In the refusal letter i attached, they ask me to apply for a residence card.
It also says I have 28 calendar day to apply for a Administrative review.
This is my timeline
Application 28, Oct 2019
COA 06, Nov 2019
My original tier 4 visa expired Jan 2020
ask to upload contract of civil partnership 27, Feb 2020
Refusal 04, March 2020
I can’t believe they make me wait so long and keep telling me everything is fine every time I called.
I don't know what to do now, should I apply for administration review?
Now without a valid visa can I apply for RC?
Can I Still work tomorrow?
How long is the time frame that I can still stay and think about my next step?
An English civil partnership is as good as a marriage in England for the purposes of the EUSS. (There might be some differences in the other countries of the UK, but I don't think there are.) Someone has made the mistake of treating the application as an application on the basis of a durable partnership. I think it is worth asking for an administrative review, but the OP should check that he didn't apply as a durable partner by mistake.askmeplz82 wrote: ↑Thu Mar 05, 2020 12:36 pmI don't know who told you to apply under eu settlement. only married couple can apply under eu settlement with just marriage certificate. If you don't have marriage certificate then you should apply under EEA FREEMOVEMENT first . and if approved then UNDER EU settlement
If your partner is a 'qualified person', e.g. working a normal job, then you are his family member and legally permitted to work. It would then be unlawful to dismiss or suspend you on the excuse that you had no right to work.
You need to do something by 30 June 2021. However, you should rapidly consider asking for an administrative review - it seems that the case worker has made a major mistake. Alternatively, you may have misunderstood a question, and accidentally answered incorrectly. If you have made the mistake, it will probably be quicker for you to apply again.
When I submit an administrative review, what more evidence should I upload?Richard W wrote: ↑Thu Mar 05, 2020 7:10 pmAn English civil partnership is as good as a marriage in England for the purposes of the EU Settlement Scheme. (There might be some differences in the other countries of the UK, but I don't think there are.) Someone has made the mistake of treating the application as an application on the basis of a durable partnership. I think it is worth asking for an administrative review, but the OP should check that he didn't apply as a durable partner by mistake.askmeplz82 wrote: ↑Thu Mar 05, 2020 12:36 pmI don't know who told you to apply under eu settlement. only married couple can apply under eu settlement with just marriage certificate. If you don't have marriage certificate then you should apply under EEA FREEMOVEMENT first . and if approved then UNDER EU settlement
If I apply for an EEA(FM), should I apply as a durable partner of a civil partner?Zerubbabel wrote: ↑Thu Mar 05, 2020 1:26 pmThis application:
https://assets.publishing.service.gov.u ... -03-19.pdf
I would simply point that you qualify as the 'spouse of civil partner' of a 'relevant EEA citizen'. I'm not sure that you can submit extra evidence for an administrative review.
Hi, I'm now preparing to submit an EEA(FM) application.
When I applied Eu settlement scheme I did upload my civil partnership in both French and certified translate in English.NatCam wrote: ↑Mon Mar 09, 2020 3:23 pmYour mistake was that you applied as a "durable partner" (It was a wrong application, you should have applied as a civil partner.) and then uploaded the civil partnership agreement that was written in French. The Home Office is not obliged to translate applicants documents. You need to apply again and present all the documents in English.
It is your error.
No, the case worker heard it wrong. From the documents it should be obvious that the case worker has made a mistake.lichzz wrote: ↑Mon Mar 09, 2020 1:53 pmHi, I'm now preparing to submit an EEA(FM) application.
I aim to submit it in 14 days.
I think about my question, caseworker called me once and ask am I married. I said no I'm in a civil partnership. Did I answer it wrong?
I'm still thinking if I should apply for administrative review, I don't know if I apply and they refuse again will they tell me to leave this time. Cause in my existing refusal letter it didn't tell me to leave and I talk to immigration advisor who said it's because the home office is aware of my situation as an EU family member so they didn't tell me to leave. They just want me to use a residence card or family permit as evidence to apply EU settlement scheme.
At the stroke of midnight of December 2nd 2019, PACS became legally considered a civil partnership in England and Wales. See this post.
I'm glad to see the Immigration Boards collective mind kicking in. One of the strengths here is the reviewing of advice, so that errors may be corrected.
It all comes down to costs and time. Remember that you will still need to apply again under the EUSS if you don't succeed at administrative review.lichzz wrote: ↑Fri Mar 13, 2020 8:44 pmMy partner now applied EEA (QP) and include me in this application. Our immigration advisor told us to do this. We will have to go to appointment and I’ll give biometric...etc.
I hope this will be a correct path. Still wondering should I do the administrative review though.
Hi, thanks for sharing your experience and I feel really sorry that the process took so much effort...lichzz wrote: ↑Fri Mar 13, 2020 8:44 pmHi thank you for your reply.
We are opposite sex couple, my partner is working permanently in the UK since 2018.
We get our PACS in 2019.
I found PACS is a very complicated issue here, I email my local registration office and present my PACS certificate to them. I ask if this is recognized in the UK and if not, we would like to register in the UK. And they told me yes it is recognized so I wouldn’t be allow to register since I’m already in a civil partner status.
My partner now applied EEA (QP) and include me in this application. Our immigration advisor told us to do this. We will have to go to appointment and I’ll give biometric...etc.
I hope this will be a correct path. Still wondering should I do the administrative review though.
Hey, firstly I would like to say that the resolution center also told me PACs is recognized before I apply and I got refused... that’s that.JulieL wrote: ↑Tue Jul 07, 2020 6:24 pmHi, thanks for sharing your experience and I feel really sorry that the process took so much effort...lichzz wrote: ↑Fri Mar 13, 2020 8:44 pmHi thank you for your reply.
We are opposite sex couple, my partner is working permanently in the UK since 2018.
We get our PACS in 2019.
I found PACS is a very complicated issue here, I email my local registration office and present my PACS certificate to them. I ask if this is recognized in the UK and if not, we would like to register in the UK. And they told me yes it is recognized so I wouldn’t be allow to register since I’m already in a civil partner status.
My partner now applied EEA (QP) and include me in this application. Our immigration advisor told us to do this. We will have to go to appointment and I’ll give biometric...etc.
I hope this will be a correct path. Still wondering should I do the administrative review though.
I'm in the exactly same situation as you and I'm worried about the recognition of opposite-sex Pacs by the EU settlement scheme as well. I call the resolution center 2 times it seems there is no problem but the answer is quite vague...
Could you please let us know if your new application get approved ? Do you mind explain under what type of visa did you submitted the application ? I'm currently holding a standard visitor visa. But I'm not sure if I'm allow to apply the sttelement scheme in a visitor status or should I apply for a EU settlement Family Permit
Hi Joewat,joewat wrote: ↑Tue Jul 07, 2020 9:30 pmHi all,
I'm exactly in the same situation than lichzz.
I'm a French Male with Settled Status in the UK and I'm PACSED to my Non EU Female Partner.
Since the "Equal Civil Partnerships" change of law end of 2019, a lot of Oversea Opposite Sex Civil Partnerships are now fully recognised in the UK (including the French PACS for which the gov page has been updated : https://www.gov.uk/marriage-abroad/y/fr ... posite_sex) .
My Australian Partner applied to the EU Settled Scheme as my Civil Partner and, after a 4.5 months wait, we just got a refusal letter stating that we weren't qualifying as "Durable Partners" which is crazy as this not what we applied for ! We applied as Civil Partners and we used the PACS Certificate as the Evidence of Relationship.
This is what the letter says : "You state that you are a durable partner of a relevant EEA citizen. However, you have not provided sufficient evidence to confirm this"
The letter also advises us to apply for a EEA Residence Card instead, but that feels like a very bad advice for many reasons, not least because EEA Residence Cards will stop being recognised at the end of 2020 due to Brexit, which is soon.
I have read the "CaseWorker Guidance" and it clearly states that valid certificates of Oversea Civil Partnerships (not just same-sex) recognised in the UK are the relevant Evidence to provide for Civil Partners :
https://www.gov.uk/government/publicati ... r-guidance
This seems like a gross mistake for the Caseworker.
I'm now considering two different options :
- Launching an Administrative review of the EU Settlement Refusal decision but this could be lengthy/unreliable
- Applying for a Spouse Visa which is more Costly (Visa Fee + Health Surcharge + optional Priority Service Fee) but is more likely to work quickly and would results in my Partner getting "Right To Work" much faster
I would be very keen to hear about other people experiences.
Kind regards and best of luck !