Please support us so we can help others

>> CLICK HERE TO START A NEW POST <<

(you need to log in to post)

Announcement

Collapse

IMPORTANT UPDATE

New Covid provisions for EU Settlement applications have been published. They include Provisions allowing an absence of over 12 months for people with pre-settled status, a provision for a second absence of up to 12 months and for choosing to spend time out of the UK over Covid related issues

See more
See less

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

Collapse
This is a sticky topic.
X
X
Collapse
Who has read this thread:
  • Filter
  • Time
  • Show
Clear All
new posts

  • #16
    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.
    Thank you, that's a pity as I won't be back to the UK before June 2021 for sure. That means we either get married before the end of the year or I will be able to come to the UK anytime with my child without her? Doesn't make much sense but it is what it is...

    Comment


    • #17
      Originally posted by lelloz0 View Post

      Thank you, that's a pity as I won't be back to the UK before June 2021 for sure. That means we either get married before the end of the year or I will be able to come to the UK anytime with my child without her? Doesn't make much sense but it is what it is...
      Gabriella B (lawyer) there was a previous tag in this post - would you be able to address the question? Many thanks.

      Additionally could you kindly look at the thread and main post and provide the poster with some advice? Many thanks.

      I am the Group Founder and also an Admin, please refer to our Admin Team, Roles and ResponsibilitiesIf 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 as the deadline approaches.

      Comment


      • #18
        This is all very confusing sorry. First of all: did you say that your partner is an EEA national?

        I am the director of MGBe Legal, an OISC regulated company. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Gabriella B for full details.

        Comment


        • #19
          Originally posted by Gabriella B View Post
          This is all very confusing sorry. First of all: did you say that your partner is an EEA national?
          - I am Italian with Settled Status (I left the UK in December 2019)
          - She is Italian with no SS or PSS
          - We are currently living in Italy
          - We are NOT married but we have a domestic partnership registered at the council since January 2020 but our relationship can be somehow be proved that existed before that
          - We had a baby (born in Italy) in July 2020

          If in the future (beyond 2021 for sure and before my 5 years SS clock expires) I want to come to the UK with her and the baby can I do so?

          I understand I can come with the baby but she cannot join me (According to this forum) but she can according to the gov.uk website ( Apply to the EU Settlement Scheme (settled and pre-settled status) - GOV.UK )
          Last edited by lelloz0; 09-11-2020, 05:06 PM.

          Comment


          • #20
            Ok, so far a family permit has only been relevant to NON EEA nationals. However, a recent statement of change to the Appendix EU and Appendix EU FP (family permit) caters for family permits applications for EEA nationals who do not have pre settled or settled status themselves. This is all new and I did not have a chance to check the rules which are as easy to read as shredded paper, but I assume (although I am not certain at this stage, so beware!) that an unmarried partner who has a durable relationship can apply after the grace period.
            Durable relationship means 2 years cohabitation or less if durability can be shown in another way (for example by having a child together!).
            That said, your partner could just come to the UK for a weekend (Covid allowing) before December and apply for pre settled status herself. PSS is not lost for absences of up to 2 years, but continuity of residence (6 months in every 12 months period for 5 years) to apply for SS is required and if you don't plan to come back before June 2021 she won't accrue it.
            Hope this helps, there will be more info in due course, once us lawyers manage to digest the new changes!

            I am the director of MGBe Legal, an OISC regulated company. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Gabriella B for full details.

            Comment


            • #21
              Originally posted by Gabriella B View Post
              Ok, so far a family permit has only been relevant to NON EEA nationals. However, a recent statement of change to the Appendix EU and Appendix EU FP (family permit) caters for family permits applications for EEA nationals who do not have pre settled or settled status themselves. This is all new and I did not have a chance to check the rules which are as easy to read as shredded paper, but I assume (although I am not certain at this stage, so beware!) that an unmarried partner who has a durable relationship can apply after the grace period.
              Durable relationship means 2 years cohabitation or less if durability can be shown in another way (for example by having a child together!).
              That said, your partner could just come to the UK for a weekend (Covid allowing) before December and apply for pre settled status herself. PSS is not lost for absences of up to 2 years, but continuity of residence (6 months in every 12 months period for 5 years) to apply for SS is required and if you don't plan to come back before June 2021 she won't accrue it.
              Hope this helps, there will be more info in due course, once us lawyers manage to digest the new changes!
              Thank you Gabriella, looks like there might be a chance then! I don't think we will be able to come to the UK before the end of the year so I really hope that your assumption will be confirmed please keep us posted and thanks for all the work you do on the forum!

              Comment


              • #22
                Originally posted by Gabriella B View Post
                "That said, your partner could just come to the UK for a weekend (Covid allowing) before December and apply for pre settled status herself."
                While PSS can be granted with a single day in the UK, I read that in 5 years when applying for SS, a lack of legitimate residency in the UK prior to Dec 31, 2020 can be cause for rejection of the application. There was a sticky posting recently on this very scenario. Please advise.

                Comment


                • #23
                  I have explained in my post the continuous residence requirement to obtain settled status. If this is not achieved then one does not meet the requirements to apply.

                  I think you refer to the fact that residence must be "real". This is correct, continuity of residence is maintained through physical presence in the UK.

                  I am the director of MGBe Legal, an OISC regulated company. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Gabriella B for full details.

                  Comment


                  • #24
                    Originally posted by Gabriella B View Post
                    Ok, so far a family permit has only been relevant to NON EEA nationals. However, a recent statement of change to the Appendix EU and Appendix EU FP (family permit) caters for family permits applications for EEA nationals who do not have pre settled or settled status themselves. This is all new and I did not have a chance to check the rules which are as easy to read as shredded paper, but I assume (although I am not certain at this stage, so beware!) that an unmarried partner who has a durable relationship can apply after the grace period.
                    Durable relationship means 2 years cohabitation or less if durability can be shown in another way (for example by having a child together!).
                    That said, your partner could just come to the UK for a weekend (Covid allowing) before December and apply for pre settled status herself. PSS is not lost for absences of up to 2 years, but continuity of residence (6 months in every 12 months period for 5 years) to apply for SS is required and if you don't plan to come back before June 2021 she won't accrue it.
                    Hope this helps, there will be more info in due course, once us lawyers manage to digest the new changes!
                    Well, I asked this very same question on Friday as per my comment above, it was because the government site does mention unmarried partners under close family members which has been creating confusion. So they said there's a kind of exception for unmarried partners who meet the criteria you mention, who should be able to apply for an EEA family permit next year but, according to what they said at the meeting, only until the end of June, not after that. I also asked whether this would also apply to unmarried partners living in the UK to apply for an EEA-EFM residence card and the answer was NO, only for those outside the UK applying for the EEA-FP.

                    But I've received an email from one of the co-ordinators regarding questions in writing that they couldn't answer at the meeting, so, Gabriella B, is there anything I should include regarding this?

                    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 as the deadline approaches.

                    Comment


                    • #25
                      @siteadmin it would be good to understand if EEA EFM (particularly unmarried partners but also others) can apply until the end of the grace period or also after, in any case my understanding is that in case of unmarried partners, the relationship must be durable (i.e. 2 years cohabitation) by 31.12.2020. I am not sure how they will consider relationships that are durable for other reasons (example: partners been together less than 2 years but having a child together). How will the UKVI use the 31.12.2020 deadline in this case (example: they had a child before this date OR partner was pregnant by this date or what?)
                      I am sure there will be many more questions on this, cannot think of other scenarios right now

                      I am the director of MGBe Legal, an OISC regulated company. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Gabriella B for full details.

                      Comment

                      Working...
                      X