Partnership ended - work contract terminated

[milenio4ar]

I came to the UK with my sponsor in 2007 as unmarried partners. I got my residence card, expires in 2014.

We ended our relationship, and I notified my employer as my ex-partner now denies to help me to get an ILR. Basically my employer says now that I don't have any right to live and work in the UK.

So my contract with them will be terminated tomorrow. Breaking up with my partner has been difficult on its own, so this only makes things even worse for me. I believe it's pointless to try to fight that with my employer, because they are basically in their own right.

I talked to 2 immigration lawyers, and they both said that chances of getting an ILR on my own were slim as we didnt have children.

Does anyone have any suggestions for my meeting with my employer tomorrow? Apparently they will decide right there if my contract with them is finished. I'd appreciate any advice.

THanks

[Obie]

You Residence card only expires next year. What is the problem with your employer. They ccannot terminate your employment until your resident card expires or is revoked.

Did you enter the UK with an EEA family permit, and how long did you and your partner stayed in the relationship? Have you got evidence of the time you stayed together?

[rodrimarto]

I came to the UK with my sponsor in 2007 as unmarried partners. I got my residence card, expires in 2014.

We ended our relationship, and I notified my employer as my ex-partner now denies to help me to get an ILR. Basically my employer says now that I don't have any right to live and work in the UK.

So my contract with them will be terminated tomorrow. Breaking up with my partner has been difficult on its own, so this only makes things even worse for me. I believe it's pointless to try to fight that with my employer, because they are basically in their own right.

I talked to 2 immigration lawyers, and they both said that chances of getting an ILR on my own were slim as we didnt have children.

Does anyone have any suggestions for my meeting with my employer tomorrow? Apparently they will decide right there if my contract with them is finished. I'd appreciate any advice.

THanks

I am with Obie on that one. Why would your employer terminate your contract while your RC is still valid until next year ? You should be able to fight this unless they were already looking for a reason to get ride of you. If I was you I wouldn't have told them about my situation. It seems like you have shot yourself in the foot there.

[Obie]

A residence card is valid until and unless it is revoked This is confirmed in Law.

Provided your relationship lasted until 5 years after the EEA family permit was issued, you could qualify for PR already.

I see no logic in telling your employer. But if your relationship has only recently ended, and you indeed have proof of joint residence and evidence that you partner has been working since you came into the UK in 2007, that may well put you in a strong position.

[milenio4ar]

Their position is "if your relationship ended, then your residence card becomes invalid immediately". This situation is also described in home office website:

http://www.ukba.homeoffice.gov.uk/eucit ... ts-family/

"If you were the unmarried partner of an EEA national and the relationship has ended, you no longer have the right to live in the UK under European law."

I knew this, that's why I approached my employer to try to find a solution. My manager said they were interested in sponsoring other type of visa for me (Tier2), considering that my last performance assessment last month I came up as top performer of my whole team. But HR people are stuck in the "invalid permit" discussion and wants to terminate my contract.

Any way... if you have any other advice, I'd appreciate it.

THanks

A residence card is valid until and unless it is revoked This is confirmed in Law.

Provided your relationship lasted until 5 years after the EEA family permit was issued, you could qualify for PR already.

I see no logic in telling your employer. But if your relationship has only recently ended, and you indeed have proof of joint residence and evidence that you partner has been working since you came into the UK in 2007, that may well put you in a strong position.

[milenio4ar]

You Residence card only expires next year. What is the problem with your employer. They ccannot terminate your employment until your resident card expires or is revoked.

Did you enter the UK with an EEA family permit, and how long did you and your partner stayed in the relationship? Have you got evidence of the time you stayed together?

Yes, I entered the UK with my partner and my family permit issued abroad. We were together until 2011 (4 years in the UK, about 13 years in total... ouch). I have evidence, until 2011.... but my original sponsor will not sponsor me, sign any application or provide his passport.

[rodrimarto]

You Residence card only expires next year. What is the problem with your employer. They ccannot terminate your employment until your resident card expires or is revoked.

Did you enter the UK with an EEA family permit, and how long did you and your partner stayed in the relationship? Have you got evidence of the time you stayed together?

Yes, I entered the UK with my partner and my family permit issued abroad. We were together until 2011 (4 years in the UK, about 13 years in total... ouch). I have evidence, until 2011.... but my original sponsor will not sponsor me, sign any application or provide his passport.

Hummm; well you might need to seek legal advice . You are indeed in a treaky situation but there is always light at the end of the tunnel...

[Obie]

There are no reason for you to have told your employer. No legal requirement for you to do so. In any event, a Residence Card is valid until is is revoked or expired.

9. Once residence card has been issued it retains its validity as authority to remain unless or until it expires, lapses by reason of prolonged absence or is revoked under regulation 20. The Tribunal has considered the circumstances when a residence card may be revoked in the case of Samsam v Secretary of State [2011] UKUT 00165 IAC heard on the same day as this appeal.

As your card has not been revoked. There is no question, that the employer should not terminate your service. It is none of their business if your relationship breaks, and i have having difficulty comprehending the reason why you relayed such information to them.

The issue of PR is another matter. However durable relationship cannot be describe as one, where the couple have to cohabit all the time. Notwithstanding the fact that couple do have ups and downs at time, and there is a possibility that relationship could be reconciled one day.

Have you both got a joint account? Was your partnership registered in Spain? Is the EEA national still in the UK?

[milenio4ar]

That might be a life saver.

We still have a joint account. The partnership was not registered as we were unmarried partners (sponsor is argentine with spanish passport, there was no same sex partnership/marriage at that time in argentina). And my partner is still in the UK.

Thanks Obie! I'll start with that documentation today. We'll see how it goes.

There are no reason for you to have told your employer. No legal requirement for you to do so. In any event, a Residence Card is valid until is is revoked or expired.

9. Once residence card has been issued it retains its validity as authority to remain unless or until it expires, lapses by reason of prolonged absence or is revoked under regulation 20. The Tribunal has considered the circumstances when a residence card may be revoked in the case of Samsam v Secretary of State [2011] UKUT 00165 IAC heard on the same day as this appeal.

As your card has not been revoked. There is no question, that the employer should not terminate your service. It is none of their business if your relationship breaks, and i have having difficulty comprehending the reason why you relayed such information to them.

The issue of PR is another matter. However durable relationship cannot be describe as one, where the couple have to cohabit all the time. Notwithstanding the fact that couple do have ups and downs at time, and there is a possibility that relationship could be reconciled one day.

Have you both got a joint account? Was your partnership registered in Spain? Is the EEA national still in the UK?

[Obie]

Focus on your employment aspect. The PR will need more hard work without his passport.

[Ayyubi72]

Focus on your employment aspect. The PR will need more hard work without his passport.

Am I right to think that there is no "retention of rights" for unmarried partners?