EUSS route now also for durable partners ?

[geezerpl]

1. Is it still possible in 2021 for an unmarried partner to apply for it (if the sponsor secured EU pre-settled status in 2020) ?

2. In cases when sponsor is NOT in the UK they are asking for evidence that the sponsor will be travelling to the UK within 6 months of the application date (evidence can include, for example, flight bookings to the UK and hotel bookings in the UK); why they are not asking for the same evidence from the applicant ???

Also UKVI advise not to book any flights before visa is granted but in this instance they seem to ask for it... It is only possible to keep flight reservation active for 7 days which is much less than visa processing time

3. Does "to acc" mean travel together with the sponsor from A via B to London or showing up at UK border with the sponsor (or sponsor waiting in the arrivals hall if arrived earlier from different airport) ?? I've heard some airlines have been denying boarding to family permit "to acc" holders just because the sponsor wasn't around

------------------------------------------

I would appreciate very much your 1/2/3 advice on the EEA FP dilemma I have.

I arrived in the UK last November and secured my pre-settled status in December. I have been in Poland since Christmas applying for work (I have free accommodation in Poland).
My initial period of residence is technically over (05/11/2020 - 05/02/2021) or isn't it ?

Which option would give the best chance of getting the visa ?

1. TO ACCOMPANY - apply now, travel together from a connecting airport or meet at Heathrow before crossing the border, provide flights & accommodation reservations & pre-settled as evidence, skip the jobseeker evidence, explain that I left the UK before Christmas

2. TO JOIN - apply now with jobseeker evidence but without UK bank statement & tenancy agreement / UK bills (staying with a cousin)

3. TO JOIN - apply later, once I am back in the UK, with worker evidence, with UK bank statement & tenancy agreement in my name

My logic is... 
- if we choose option 2 and get refused we won't be able to go for option 1 anymore
- if we first try option 1 and get refused we could go for option 2 or 3 afterwards 

[Zerubbabel]

Hello

As with any immigration application, you need a situation that makes sense and holds water when considered by a reasonable person. During the transition period, nearly anyone who applied for the EU Settlement Scheme got approved. Some applying just with a boarding pass and a hotel booking for 1 night. It's crazy when you consider it. Try to go, let say to France, with an Italian passport and apply with a boarding pass and hotel booking to see how far you would get.

The UK immigration system has no rational whatsoever (you point number 2). It can be barbaric to the point where married couples are separated or kids separated from a parent Victorian-style but at the same time, it can open a scheme and just distribute 5-year residences just like that.

As they gave the EU Settlement Scheme too easily, now they are more careful with derivative rights associated with it. Otherwise, what prevents someone who doesn't live in the UK but spent a night back in December and got the EUSS from remotely sponsoring people and sending them to the UK?

As you claimed yourself, you live in Poland and you are there applying for work. So happy days, but what's the rational of sending a partner to a country where you don't live? I am not asking you that question, but it's something that would look awful in any immigration application. That's to say, someone applies to join a partner to the UK but the partner in question lives in Poland. It's something that can be frowned upon to say the least.

Partners can still apply for EU Settlement Scheme if they have an EEA card in hand.

If the visa is "to acc", the holder is usually denied boarding if travelling without the sponsor (travelling alone). If it's to join the partner, then the visa should indicate "to join". Airlines are careful to these mentions in the visa as they mean specific conditions that need to be met for the visa to be accepted for check-in.

[geezerpl]

EU sponsor - on initial period of residence with pre-settled secured in Dec 2020, soon to become "qualified person" (jobseeker or worker) + non-EEA unmarried partner.

1. Is it even possible to apply for an EEA FP while enjoying initial period of residence ?? Some sources say YES, but it is nowhere to be found here >>> https://www.gov.uk/family-permit/eea-family-permit
UKVI expect to see evidence of coming to the UK within 6 months (flights / hotel booking) or evidence of being a qualified person...

2. Would it be wiser to wait and apply when working and having a tenancy agreement ? Problem is lockdown & travel ban made us wait 11 months already
Another thing... if we apply closer to June 30 deadline we might lose a chance to re-apply if refused

[geezerpl]

As they gave the EU Settlement Scheme too easily, now they are more careful with derivative rights associated with it. Otherwise, what prevents someone who doesn't live in the UK but spent a night back in December and got the EUSS from remotely sponsoring people and sending them to the UK?

Sponsoring extended family members is no longer possible after 1 Jan 2021.
EEA Family Permit is only available to unmarried partners.
I am not sure you have ever seen the application form. They are asking if sponsor ever invited anybody to th UK. If you answer yes things get REALLY tough (had 2 of my friends in such situation).
There is no room for mass sponsoring. Probably more people cross the Channel in a dingy each month than abuse EEA family permits

[geezerpl]

As you claimed yourself, you live in Poland and you are there applying for work. So happy days, but what's the rational of sending a partner to a country where you don't live? I am not asking you that question, but it's something that would look awful in any immigration application. That's to say, someone applies to join a partner to the UK but the partner in question lives in Poland. It's something that can be frowned upon to say the least.

Partners can still apply for EU Settlement Scheme if they have an EEA card in hand.

If the visa is "to acc", the holder is usually denied boarding if travelling without the sponsor (travelling alone). If it's to join the partner, then the visa should indicate "to join". Airlines are careful to these mentions in the visa as they mean specific conditions that need to be met for the visa to be accepted for check-in.

a) What's wrong with applying for work remotely ? It's fully legal to leave the UK for up to 6 months each year without losing the status. Would it be wiser to enjoy harsh Tier 4 lockdown and claim benefits ?
b) I did not say I was going send my partner to the UK while I am not there !
I said I was contemplating applying to ACCOMPANY my partner

There are 2 questions in the EEA FP application form.
1. Where does the sponsor live ?
2. Is the applicant going to join the sponsor or accompany him/her to the UK ?

Obviously admitting that sponsor remains outside the UK and applicant is going to join him would result in a refusal letter (my friend made this mistake)
There are serious implications if admitting UK residence... different evidence (more evidence) must be provided.

My question was not about the EUSS Family Permit - this is reserved to close family members only...

As for the airline representatives analysing passport vignettes and acting like immigration ...this could be partially justified for direct, non-stop flights to London. but if there is 1 or 2 stopovers (eg in Dubai) there is no logical explanation in denying visa holder the right to board as I could join my partner at a connecting airport and then accompany to London.
I have heard stories of dozens of people who entered the UK holding "to acc" permits and 2 boarding denials (since June 2020) so I wouldnt say it is "usual" approach by the airlines

[geezerpl]

I have read these guidelines (updated on 31/12/2020) and made a shocking discovery that now non-EEA unmarried partners are eligible to apply for EUSS Family Permits.

https://assets.publishing.service.gov.u ... 6.0ext.pdf

Can anybody please correct me if I am wrong.

Thank you.

[Obie]

I have read these guidelines (updated on 31/12/2020) and made a shocking discovery that now non-EEA unmarried partners are eligible to apply for EUSS Family Permits.

https://assets.publishing.service.gov.u ... 6.0ext.pdf

Can anybody please correct me if I am wrong.

Thank you.

After they received their Residence Card they can.

That fact is correct.

[kamoe]

travel together from a connecting airport or meet at Heathrow before crossing the border

Where is your partner??? Why all these logistics???

[geezerpl]

Where is your partner??? Why all these logistics???

Philippines. Locked in the travel ban since March 2020.

Poland borders remain shut for unmarried partners since March 2020.
It's been the toughest year of my life. Our ONLY option is to reunite in the UK.

Meeting for a month in one of the normal, open places like Dubai, Turkey, Mexico, Dominican Republic would only deepen the pain.

[geezerpl]

After they received their Residence Card they can.

That fact is correct.

I don't understand why anyone with a RC (already in the UK) want to apply for the EUSS Family Permit.
Also I always thought the applicant must be outside the UK to apply for it.

Looks like there is an inconsistency between the revised EUSS guidelines and the actual family permit application form. The form only allows CLOSE family members to apply for the EUSS FP. Family members like durable (unmarried) partners have to opt for the EEA FP.

[kamoe]

Where is your partner??? Why all these logistics???

Philippines. Locked in the travel ban since March 2020.

Poland borders remain shut for unmarried partners since March 2020.
It's been the toughest year of my life. Our ONLY option is to reunite in the UK.

Meeting for a month in one of the normal, open places like Dubai, Turkey, Mexico, Dominican Republic would only deepen the pain.

How long have you been together? How long have you cohabited? Why was she in the Philippines and not with you?
These are all questions that will be asked when considering your application, and you need a solid answer.

It is important to establish if you even qualify for an unmarried partner route before you spend your time seeing how to apply for any of the unmarried partner routes.

[geezerpl]

How long have you been together? How long have you cohabited? Why was she in the Philippines and not with you?
These are all questions that will be asked when considering your application, and you need a solid answer.

It is important to establish if you even qualify for an unmarried partner route before you spend your time seeing how to apply for any of the unmarried partner routes.

Omg kamoe...please. Of course we are separated because of covid and double travel ban. Who would voluntarily put themselves into a brutal 11-month long LDR ?

I didn't ask for advice regarding my relationship evidence. It's all set. We are done with the application form long time ago...
My MAIN concern is the evidence regarding the EU sponsor (myself)

The type of EEA FP you select (to join / to acc) determines the type of evidence.
- if going the TO JOIN route - qualified person evidence (as I said before, I have plenty of jobseeker evidence but no UK bills/tenancy agreement in my name as I have been living with my cousin).. no idea whether these "residential" proofs are obligatory... it is not confirmed anywhere but most people have been uploading such support evidence

- if going the TO ACC route - I don't need to worry about the above, I could just provide flights itinerary and airbnb booking + my EUSS pre-settled to prove I can return to the UK to continue living there, BUT not 100% sure this option is still possible (you said it isn't, moderator Obie said it is, found no confirmation anybody applied for this after 1 Jan 2021)

After reading things like this: "The transition period following the UK’s exit from the EU ended at 11pm on 31 December 2020. At that point the Immigration (European Economic Area) Regulations were revoked and the right of free movement for EEA nationals in the UK ended"
... I am astonished EEA FP applications are still allowed and I cannot understand why unmarried partners are not allowed to apply for EUSS FP.

Perhaps after 1 Jan 2021 there is no need to provide evidence on being a "qualified person" as this term has become obsolete ??

[JB007]

Our ONLY option is to reunite in the UK.

So that's why you only arrived in the UK in November last year, then went back to Poland the next month when you got prer-settled status? Because you thought this was your only option to reunite? There are other EEA countries that will allow EEA citizens to use Free Movement to bring a non-EEA/CH citizen unmarried partner; I think Norway might be one of those, but others on here will know.

[geezerpl]

There was a clear guidance on applying for the EEA Family Permit after 31 Dec 2020 but for some reason it was removed However the requirements for the TO ACC permit mirrored the TO JOIN permit (joint travel to the UK in 2021 permitted but qualified factor added)

Used web archive to compare current guidelines to what was published on 30 Dec.

https://web.archive.org/web/20201230122 ... ily-permit

Changes to EEA family permits
Extended family members must apply before 11pm on 31 December 2020. After this, only close family members and unmarried partners will be able to apply.
EEA family permits will no longer be valid after 30 June 2021.
EEA family permit applications in early January 2021
When the EEA family permit rules change at 11pm on 31 December 2020, only unmarried partners (‘durable partners’) will be able to apply online.
Other close family members will be able to apply later in January 2021.
You may be eligible for the EU Settlement Scheme family permit instead.
If you need help, contact UKVI.

Eligibility
The EU, EEA or Swiss citizen you’re joining must either:
• be in the UK already
• be travelling with you to the UK by 30 June 2021 and have been granted the right to reside in the UK by 31 December 2020

If they’ve been in the UK for more than 3 months they must either:
be a ‘qualified person’ (working, looking for work, self-employed, studying or self-sufficient)
have or be eligible for a permanent residence document - sometimes called a ‘document certifying permanent residence’

If your family member is not a ‘qualified person’ and does not have a permanent residence document, you may be eligible for an EU Settlement Scheme family permit instead. (not true - unmarried partners cannot apply for EUSS FP)

[geezerpl]

So that's why you only arrived in the UK in November last year, then went back to Poland the next month when you got prer-settled status? Because you thought this was your only option to reunite? There are other EEA countries that will allow EEA citizens to use Free Movement to bring a non-EEA/CH citizen unmarried partner; I think Norway might be one of those, but others on here will know.

Are you seriuos ?
All that effort (EUSS for me, NIN in 2019, 2 months gathering evidence for the EEA FP, 400 job applications in the UK and you are telling me to move to Norway ???

[JB007]

So that's why you only arrived in the UK in November last year, then went back to Poland the next month when you got prer-settled status? Because you thought this was your only option to reunite? There are other EEA countries that will allow EEA citizens to use Free Movement to bring a non-EEA/CH citizen unmarried partner; I think Norway might be one of those, but others on here will know.

Are you seriuos ?
All that effort (EUSS for me, NIN in 2019, 2 months gathering evidence for the EEA FP, 400 job applications in the UK and you are telling me to move to Norway ???

No. I'm saying that your "ONLY" hope to reunite is not only the UK, because there are EEA countries that will allow unmarried partners: just as the UK did when they were in the EU.

The pandemic has caused the loss of many jobs in the UK and unless you can do a job that the UK needs people for, you likely will find it hard to find work.

[Zerubbabel]

Unfortunately, what I can tell is that such applications are doomed for failure.

Even within EU countries, they fail. If a Polish living in Poland asks Spain or Portugal for a family permit for a non-EU unmarried partner, such application would eventually hit the wall.

You don't live in the UK. You have an artificial footprint, you never worked or paid taxes in the UK. You don't have an address of your own... etc. You are not married to this person and you would like to get her a 5-year EUSS card in order to make your life easier with current restrictions.

I have a seen a lot of people trying this kind of things in the UK or in the EU and failing.

You can always apply and see. Miracles do happen and sometimes they just issue the EUSS status without careful checks. But I give it less than 1% in this case.

[kamoe]

How long have you been together? How long have you cohabited? Why was she in the Philippines and not with you?
These are all questions that will be asked when considering your application, and you need a solid answer.

It is important to establish if you even qualify for an unmarried partner route before you spend your time seeing how to apply for any of the unmarried partner routes.

Omg kamoe...please. Of course we are separated because of covid and double travel ban.

I didn't ask why you cannot meet right now, I asked why were you separated when the travel bans began. You cannot excuse this on Covid, and again, you need solid answers for the Home Office.

Of course your partner is entitled to travel without you, and there are scenarios were a perfectly eligible applicant could find themselves in this situation. If so, why so much resistance to just explain it?

The point that triggers all the red flags is that you mentioned the Polish borders are closed to you r partner. How come? Were you guys residing together, as a regularly cohabiting couple, either in the Philippines or in Poland, by the time the travel bans began? If the answer is no, then this has zero chances. That's why I'm asking.

Of course, if you are confident you meet the definition of durable partner, fair enough, no more questions will be asked.

Last but not least, please mind the tone you have already used in your replies to two respected gurus and a senior member. You have a history of trolling already, moderators are watching.

[geezerpl]

You don't live in the UK. You have an artificial footprint, you never worked or paid taxes in the UK. You don't have an address of your own... etc. You are not married to this person and you would like to get her a 5-year EUSS card in order to make your life easier with current restrictions.

Thank you for your concern.
Have you ever read the Immigration EEA Regulations 2016 and/or the recent Grace Period Regulations ?

- being married is NOT a requirement under the EEA FP route
- EEA Family Permits were being issued for many years in cases where the EU sponsor never set foot in the UK (hence the "to acc" option / travel together / only evidence required were flight itinerary and hotel booking)
- I was not asking about the EUSS FP or card (never heard if it)
- family permits are issued for 6 months (soon 3 months) and not for 5 years

Applying under the EUSS for pre-settled status for non-EEA durable partner is a different thing.

[geezerpl]

Last but not least, please mind the tone you have already used in your replies to two respected gurus and a senior member. You have a history of trolling already, moderators are watching.

My tone has resulted from frustration as it seems your role is not to help but to discourage.
I've browsed over 300 topics here and you (plus a few others) have a history of discouraging people and commenting just for the sake of commenting without giving the actual answers.

I was asking for technicalities related to EEA FP/end of IP/Grace Period (sponsor evidence) but you decided to question my relationship and .. travel ban

[Obie]

The option for unmarried partner to come under EU law, is still open, provided your relationship became durable before the 31-12, and your partner first apply for EEA family permit.

Maybe after 30-06, policy may change, but at present your partner will need to apply for EEA family permit.