Unmarried Couple: EEA Family Member has left the UK

[kennchy]

Good evening everyone ,

I hope you’re all well. I applied for my EFM EU Residence Card in August 2015 and I received it in February 2016. My non-EU spouse BRC expires in February 2021.

My partner and I broke in July/August 2020. After that, she then moved back to Greece and has decided not to return to the UK.

Following our break up, I decided to apply for an ILR given that our relationship was beyond repair. I applied for an ILR in August 2020. Biometrics completed on 5 September 2020.

The Home Office wrote my lawyers asking for more information:

- confirming if we were married (answer No);

- when the relationship ended (answer August 2020);

- any proof of cohabitation in 2018 (I sent over a copy of health insurance we had then; apparently I had provided proof of cohabitation from 2015 - 2020, apart from 2018).

I am still yet to hear back from the Home Office.

Q:
1) - What do you think the outcome might be given the above scenario (any form of honesty is welcome)
2) - What are my options if my ILR application is denied?
3) - Can I apply for a retained right of residence following new rules to that end in June 2021?

I look forward to hearing from you.

Regards,

K

[kamoe]

Following our break up, I decided to apply for an ILR given that our relationship was beyond repair. I applied for an ILR in August 2020. Biometrics completed on 5 September 2020.

What do you mean you applied for ILR? ILR under the UK rules, as in 10-year or 5-year route, or do you mean Settled Status?

What is your full timeline of UK residence? By that I mean, when did you first arrive in the UK, when did you obtain each and everyone of your past leaves to stay in the UK?

Without the above information it is unlikely that anyone can fully understand your situation or the likelihood of your outcome.

[kamoe]

OK I just gathered from this post that you have been in the UK since 2010. From the way you described your decision to apply (relationship beyond repair before completing 5 years), it likely means you applied for ILR under the 10-year route? If so, your post belongs to the ILR section, not the EEA one.

[kennchy]

Dear Kamoe,

Thank you very much for your swift reply. I applied for an ILR based, as in a 10-year route, on the below:

Below is my timeline:

September 2010 - arrived in the UK on a Tier 4 visa to do a master's degree.

February 2012 - February 2014 - Post Study Work Visa

February 2014 - changed to a Tier 4 visa - and started my PhD

February 2016 - Received an EFM EEA Residence Card

I hope this helps. I look forward to hearing from you.

Regards,

K

[kamoe]

Can a moderator please move this to the ILR section, please?

[NatCam]

I think you should have applied for retained right of residence back in August 2020.
Since you were not married your rights as a family member of EU citizen start from the date of the issue of the residence card.
You applied too soon.
Has your partner applied to EU settlement scheme? Have you applied to the scheme?

[kamoe]

I think you should have applied for retained right of residence back in August 2020.
Since you were not married your rights as a family member of EU citizen start from the date of the issue of the residence card.
You applied too soon.
Has your partner applied to EU settlement scheme? Have you applied to the scheme?

Once cannot apply for retained right of residence as an unmarried partner.
One cannot apply for Settled Status if the sponsor has left the UK.

[kennchy]

Has your partner applied to EU settlement scheme? Have you applied to the scheme?

Hi Natcam,

Thank you for your reply.

She would not tell me if she has applied to the EU settlement scheme; even though I think she has. And no, I have you applied to the scheme.

Regards,

K

[NatCam]

@Kamoe Yes, I thought so.
On the other hand, I was hoping that since they were issued a card they would be recognised as a lawful partner (close family member - partner).
I hope, it will end up good.

[CR001]

On what date exactly did your ex partner leave the UK to move back to Greece?

[kennchy]

On what date exactly did your ex partner leave the UK to move back to Greece?

She went back to Greece on 09/09/2020.

[CR001]

Also, did your partner exercise treaty rights for the whole time you are claiming as an eea efm for long residence ilr and did you submit eveidence of the EU citizen exercising treaty rights and being a qualified person?

Simply submitting evidence of cohabitation would not have been sufficient.

[kennchy]

Also, did your partner exercise treaty rights for the whole time you are claiming as an eea efm for long residence ilr and did you submit eveidence of the EU citizen exercising treaty rights?

Simply submitting evidence of cohabitation would not have been sufficient.

Yes, she was exercising her treaty rights the whole time. I did submit evidence of her exercising her treaty rights.

[NatCam]

Has your partner applied to EU settlement scheme? Have you applied to the scheme?

Hi Natcam,

Thank you for your reply.

She would not tell me if she has applied to the EU settlement scheme; even though I think she has. And no, I have you applied to the scheme.

Regards,

K

My wild guess is that you can apply for ILR based on your previous 5 year residence (but you will probably need a lawyer). You were lawfuly resident since 2016 too. Can't your partner help in any way?
Best of luck!

[kamoe]

My wild guess is that you can apply for ILR based on your previous 5 year residence (but you will probably need a lawyer). You were lawfuly resident since 2016 too.

Tier 4 and Post Study Work visas do NOT count for anything other than the 10-year route. I do not see any avenue for the OP under the 5-year route, which is usually only open for Tier 2 sponsored visas.

As it stands the OP applied for what was the most adequate route for them.

[NatCam]

@Kamoe I meant 10 year route exactly. Since they are separated and the EU sponcor left the UK in August 2020, I don't see how the OP can claim settled status (ILR) based on EU sponcor only.

[kamoe]

They are not claiming Settled Status. They have applied for 10-year ILR.

[kennchy]

I will keep you all posted on the eventual outcome. Thanks

[kennchy]

I'll like to inform the house that my ILR was approved on 10 April 2021. The process has been torturous. Apparently, I had to show proof of cohabitation with my ex for the last 5 years (including the years prior to getting my expired EEA Residence Permit).

[kamoe]

I'll like to inform the house that my ILR was approved on 10 April 2021. The process has been torturous. Apparently, I had to show proof of cohabitation with my ex for the last 5 years (including the years prior to getting my expired EEA Residence Permit).

Glad to hear. Congratulations.