Unmarried partner euss

[Carlosmiranda]

Hi. Is it true that someone can’t apply for unmarried euss in Uk if he/she doesn’t hold resident card but even they living two years together? asking for a relative plz can anyone clear

[kamoe]

Hi. Is it true that someone can’t apply for unmarried euss in Uk if he/she doesn’t hold resident card but even they living two years together?

I understand that a residence card or a family permit is necessary, as per the wording of the EU Settlement Scheme page, where it says:

If you’re their unmarried (durable) partner
You must hold a relevant document issued to you under the EEA Regulations on the basis that you’re the durable partner of an EEA or Swiss citizen or person of Northern Ireland.

A relevant document here includes:

• a family permit

• a residence card

If you’re the unmarried (durable) partner of a person of Northern Ireland, you’re unlikely to have a relevant document.

If you do not have a relevant document, you’ll need to show evidence:

• of your relationship to your unmarried (durable) partner

• that your relationship existed by 31 December 2020

• that your relationship continues to exist on the date you apply

The list below gives some examples of evidence you can provide. This list is not exhaustive and other forms of evidence may be accepted. Each case will be considered on a case by case basis.

Evidence that you had lived together for at least 2 years by 31 December 2020:

• bank statements or utility bills in joint names at the same address

• residential mortgage statement or tenancy agreement in joint names

• official correspondence that links you at the same address

Evidence of joint finances, business ventures or commitments for at least 2 years by 31 December 2020:

• tax returns, business contracts or investments

Evidence of joint responsibility for a child by 31 December 2020:

• the child’s birth certificate which names both parents

• a custody agreement showing that you’re living together and sharing parental responsibility

The evidence will need to show that you’re still the unmarried (durable) partner of the EEA or Swiss citizen or the person of Northern Ireland, or that you are now their spouse or civil partner.

However, there is some room for interpretation regarding who can supply the suggested alternative evidence to a "relevant document". I believe this is allowed only for partners of people from Northern Ireland. But that is just how I interpret it, and for the benefit of the doubt I started this post to ask for first-hand experiences to confirm or rebuke that theory. No one has replied.

asking for a relative plz can anyone clear

I am afraid the only way to truly know would be for them to apply and see what happens. If they get rejected because they do not have a EEA RC, then they'll have their answer.

[Carlosmiranda]

Thanks for your help. Really appreciate

[kamoe]

Do keep in mind though that any refused immigration application does have an impact in future visitor visas.

If they do not have the intention of ever applying for a UK visitor visa (for tourism and short visits), then "applying to see what happens" has no risk attached.

But, if they would like to have a UK visit visa in the future, having this application rejected might not be a good idea.

For some people it's worth the risk, for some it's not. Those are the facts, and It is really up to them to decide.

[kamoe]

And...

Also keep in mind that an obvious alternative for them could be to go abroad, apply for a EEA FP, re-enter the UK, and then apply for the EUSS. See this post.

[Carlosmiranda]

Thanks again this page is so helpful because of all you helpful people