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Unmarried partner and child joining EU Settled Person after 31 December 2020

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  • HO User Group Unmarried partner and child joining EU Settled Person after 31 December 2020

    I'm an Italian citizen who lived in the UK almost 6 years and I obtained Settled Status in 2019. I left the UK in December 2019 and moved to Italy to began a stable relationship (unmarried partner) with my girlfriend. We are living together and we had a child this year who was born in Italy. We are not married although we are registered at the council as "Conviventi di Fatto" since January 2020 which I'm not sure how to translate to the english law. Questions:

    - If we all want to move to the UK after 31/12/2020, can we do so according to Apply to the EU Settlement Scheme (settled and pre-settled status) - GOV.UK ). ?
    - Pages 14 and 15 of this document Link states that relationship needs to exist at least 2 years prior 31/12/2020 unless the unmarried partners had a child together, would my situation suffice to guarantee my partner and child settled status?

    Thank you

  • #2


    Originally posted by lelloz0 View Post
    I'm an Italian citizen who lived in the UK almost 6 years and I obtained Settled Status in 2019. I left the UK in December 2019 and moved to Italy to began a stable relationship (unmarried partner) with my girlfriend. We are living together and we had a child this year who was born in Italy. We are not married although we are registered at the council as "Conviventi di Fatto" since January 2020 which I'm not sure how to translate to the english law. Questions:

    - If we all want to move to the UK after 31/12/2020, can we do so according to Apply to the EU Settlement Scheme (settled and pre-settled status) - GOV.UK ). ?
    - Pages 14 and 15 of this document Link states that relationship needs to exist at least 2 years prior 31/12/2020 unless the unmarried partners had a child together, would my situation suffice to guarantee my partner and child settled status?

    Thank you
    Morning,

    Unmarried partners are regarded as extended family members, this means they need to have had their relationship confirmed under EEA rules before they are able to apply under the EUSS, this means applying for either an EEA family permit (if outside the UK) or an EEA residence card (inside the UK), in order to apply for pre-settled status.

    Unfortunately such EEA documents can only be applied for before the end of this year, the Home Office has confirmed applications under EEA rules will no longer be accepted next year, so it would be necessary to apply for an EEA family permit before the end of this year, even if it's not issued until next year, they should be acceptable to apply for pre-settled status until the end of June.

    The EEA family permit is valid for six months, but the application has to be made before the end of the year.

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

    Comment


    • #3
      It is very important for unmarried partners to make sure they make an application for the relevant document under EEA rules (family permit or residence card) before the end of this year, same applies to other extended family members/dependent relatives. This door with close at the end of this year.

      I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

      Comment


      • #4
        Thank you, other questions:
        1. so you are saying that if I (with Settled Status) move back to the UK next year or in 2 years, my unmarried EU partner and child cannot join me? Hence, the information on the gov website is not correct?

        "
        If you’re overseas and a family member of an EU, EEA or Swiss citizen living in the UK

        The deadline for you to join your family member in the UK is 31 December 2020 (or 31 December 2025 if your partner is Swiss and you get married or form a civil partnership after 31 December 2020).

        If you’re not living in the UK by the deadline, you’ll still be able to apply if all of the following are true:
        • your family member has either settled or pre-settled status
        • your relationship began before 31 December 2020
        • you remain a close family member, for example a spouse, civil partner, unmarried partner, a dependent child or grandchild, or a dependent parent or grandparent
        "

        2. Can I/How do I make the application from overseas? as I said, I'm not living in the UK right now.
        3. What if we get married after the 31/12/2020?
        Last edited by lelloz0; 19-10-2020, 10:45 AM.

        Comment


        • #5
          Originally posted by lelloz0 View Post
          Thank you, other questions:
          1. so you are saying that if I (with Settled Status) move back to the UK next year or in 2 years, my unmarried EU partner and child cannot join me? Hence, the information on the gov website is not correct?

          If you’re overseas and a family member of an EU, EEA or Swiss citizen living in the UK

          The deadline for you to join your family member in the UK is 31 December 2020 (or 31 December 2025 if your partner is Swiss and you get married or form a civil partnership after 31 December 2020).

          If you’re not living in the UK by the deadline, you’ll still be able to apply if all of the following are true:
          • your family member has either settled or pre-settled status
          • your relationship began before 31 December 2020
          • you remain a close family member, for example a spouse, civil partner, unmarried partner, a dependent child or grandchild, or a dependent parent or grandparent


          2. Can I/How do I make the application from overseas? as I said, I'm not living in the UK right now.
          3. What if we get married after the 31/12/2020?
          Gabriella B (lawyer) Would you be able to comment on this? As it seems they are referring to unmarried partners as CLOSE family members when, in reality, they are treated as extended, hence the need to have the relationship confirmed by an EEA residence document.

          I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

          Comment


          • #6
            It's also worth nothing that another forum (Settled Italian forum on facebook) mentioned this document (page 14 - Evidence required for durable partners - Link ) which may need to be added in your FAQ as that same GOV.UK frontpage for SS just mentions that the relationship needs to be in existence before 31/12/2020 and not 2 years before
            Last edited by lelloz0; 19-10-2020, 04:21 PM.

            Comment


            • #7
              Originally posted by lelloz0 View Post
              It's also worth nothing that another forum (Settled Italian forum on facebook) mentioned this document (page 14 - Evidence required for durable partners - Link ) which may need to be added in your FAQ as that same GOV.UK frontpage for SS just mentions that the relationship needs to be in existence before 31/12/2020 and not 2 years before
              The reference to the relationship being in place before the end of December is for close family members. Obviously with parents and children, it would have been in place from birth, but with spouses/civil partners and in-laws, the marriage or civil partnership must take place before the end of this year.

              The requirement for durable partners is to have been in the relationship for at least two years, but this isn't something that anyone can do anything about, unlike getting married soon, people can't just go back and start living together two years ago, if you see what I mean.

              However, unlike the end of the year deadline for a relationship to be in place, the two year rule is not set in stone, as the same document also says:

              You must always consider the individual circumstances of the application. For example there may be instances when the couple have not been in a relationship for 2 years or more, but you are still satisfied that the relationship is subsisting and durable. This may be, for example, where the couple have a child together and a birth certificate showing shared parentage has been provided with evidence of living together.
              Often having a child together does the trick.

              But the confusion with the text on the government site comes from the fact they refer to unmarried partners as close family members, when they are, in fact, extended family members, as the document you linked above confirms, it is dedicated solely to extended family members.

              I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

              Comment


              • #8
                Thanks, that does makes sense, although the gov.uk website publishing a wrong information is a very dangerous thing at this point. I know this is something that goes beyond the purpose of this thread but what could it be a potential scenario where one of the parent with Settled Status can move back to the UK with his child born before 31/12/2020 but without the other parent since they were not married before the cut off date or married after that ?

                And last question: if we were married before 31/12/2020, what would it be the process for her and our child to come to the UK with me? Will there be a process to engage before moving to the UK that's not yet published?
                Last edited by lelloz0; 20-10-2020, 08:34 AM.

                Comment


                • #9
                  Originally posted by lelloz0 View Post
                  Thanks, that does makes sense, although the gov.uk website publishing a wrong information is a very dangerous thing at this point. I know this is something that goes beyond the purpose of this thread but what could it be a potential scenario where one of the parent with Settled Status can move back to the UK with his child born before 31/12/2020 but without the other parent since they were not married before the cut off date or married after that ?
                  Morning,

                  This is one to mention to the Home Office at the next user group meeting, as there is an obvious contradiction regarding unmarried partners being considered close family members. That being the case, there would be no time limit for them to move here if they could prove the durable relationship as required.
                  Originally posted by lelloz0 View Post
                  And last question: if we were married before 31/12/2020, what would it be the process for her and our child to come to the UK with me? Will there be a process to engage before moving to the UK that's not yet published?
                  If married before the end of the year, then there is no limit for the spouse to apply for an EUSS family permit, provided the EEA national sponsor has settled or pre-settled status. Children are close family members anyway so there is no time limit for them to join, and they get the same status as their parent if under 21.

                  I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                  Comment


                  • #10
                    Originally posted by Site Admin View Post
                    Morning,

                    This is one to mention to the Home Office at the next user group meeting, as there is an obvious contradiction regarding unmarried partners being considered close family members. That being the case, there would be no time limit for them to move here if they could prove the durable relationship as required.
                    So are you saying that it means that there is still a chance that the Home Office would allow unmarried partners (in this case easy to prove due to having a child together born before 31/12/2020 and council papers stating the domestic partnership) to join anytime the SS partner after the deadline as considered closed family members or do you feel this contradiction will be rectified on the gov.uk settled status webpage?

                    Comment


                    • #11
                      Originally posted by lelloz0 View Post

                      So are you saying that it means that there is still a chance that the Home Office would allow unmarried partners (in this case easy to prove due to having a child together born before 31/12/2020 and council papers stating the domestic partnership) to join anytime the SS partner after the deadline as considered closed family members or do you feel this contradiction will be rectified on the gov.uk settled status webpage?
                      Morning,

                      I wouldn't want to say that without having confirmation from them that this will be the case.

                      I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                      Comment


                      • #12
                        Originally posted by Site Admin View Post

                        Morning,

                        I wouldn't want to say that without having confirmation from them that this will be the case.
                        Thank you - is there already a scheduled date for the next group meeting so that I can circle back on what they say about that?

                        Comment


                        • #13
                          Originally posted by lelloz0 View Post

                          Thank you - is there already a scheduled date for the next group meeting so that I can circle back on what they say about that?
                          Morning,

                          I've not got a date yet, I'd say probably next month.

                          I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                          Comment


                          • #14


                            Had the meeting today, they will provide further information in writing later on, but they have said that unmarried partners OUTSIDE THE UK who meet the criteria for durable partners, will still be able to apply for an EEA family permit until the end of June, allowing them to then apply for pre-settled status once in the UK, however, those already in the UK do need to make an application for an EEA residence card before the end of December, as these will no longer be accepted next year.

                            Unmarried partners are treated differently under the WA from other extended family members, which is why the government pages word it like they do, although the comms people did say they'll try to make it clearer.

                            I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                            Comment


                            • #15
                              Originally posted by Site Admin View Post


                              Had the meeting today, they will provide further information in writing later on, but they have said that unmarried partners OUTSIDE THE UK who meet the criteria for durable partners, will still be able to apply for an EEA family permit until the end of June, allowing them to then apply for pre-settled status once in the UK, however, those already in the UK do need to make an application for an EEA residence card before the end of December, as these will no longer be accepted next year.
                              Unmarried partners are treated differently under the WA from other extended family members, which is why the government pages word it like they do, although the comms people did say they'll try to make it clearer.
                              lelloz0

                              I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                              Comment

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