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Staying in the UK with a EU partner visa when the partner moves abroad

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  • Query Staying in the UK with a EU partner visa when the partner moves abroad

    Hello,
    My partner is Taiwanese and I am French, both currently living in the UK under a pre-settled status. We have been together since 2015 which allowed my partner to remain in the UK under the "durable relationship" visa (or partner visa).
    My company wishes to relocate me to the US for a few years, but my girlfriend would like to remain in the UK to eventually obtain the British cititzenship. We are wondering if she would be allowed to remain in the UK if I stop living and working in the UK (My "home" would be considered in the US).

    In terms of dates:
    SHE:
    - moved to the UK, under a student visa, in September 2017
    - converted to a durable relationship visa in October 2018 which was then converted into a pre-settled status

    I:
    - moved to the UK, as an EU national, in July 2018 and then obtained pre-settled status


    With this in mind, we are hoping she could convert to settled status in September 2022 - but would her student year count in this instance? Separately, if she obtains her settled status, would she still be linked to me from a visa perspective (I would still be a pre-settled status)?

    I appreciate any help we could get as the research I made only led me to a very confused state... Thank you!

  • #2
    Originally posted by Pierroot View Post
    Hello,
    My partner is Taiwanese and I am French, both currently living in the UK under a pre-settled status. We have been together since 2015 which allowed my partner to remain in the UK under the "durable relationship" visa (or partner visa).
    My company wishes to relocate me to the US for a few years, but my girlfriend would like to remain in the UK to eventually obtain the British cititzenship.
    Afternoon,

    Do bear in mind you would lose your pre-settled status if you left the UK for two years or longer, and even if you don't lose it, you still wouldn't be able to apply for settled status if you spend more than 6 months out of every 12, outside the UK. There is a provision for a single absence of up to 12 months due to work, but that's it, just the one and no longer than that.

    Originally posted by Pierroot View Post
    We are wondering if she would be allowed to remain in the UK if I stop living and working in the UK (My "home" would be considered in the US).
    As your partner is not yet settled in the UK, her status her does depend on you, the sponsor, maintaining your status and residence in the UK, until she gets settled status.

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities.

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    • #3

      Originally posted by Pierroot View Post
      In terms of dates:
      SHE:
      - moved to the UK, under a student visa, in September 2017
      - converted to a durable relationship visa in October 2018 which was then converted into a pre-settled status

      I:
      - moved to the UK, as an EU national, in July 2018 and then obtained pre-settled status


      With this in mind, we are hoping she could convert to settled status in September 2022 - but would her student year count in this instance?
      She could only count the time spent on her student visa if she had been in a formally recognised relationship with you during that time, either married/civil partners, or else, having been granted a residence card as your unmarried/durable partner. Otherwise, she can only count from the point when the Home Office recognised the durable relationship with a residence card, from the above, it appears to be October 2018.

      Originally posted by Pierroot View Post
      Separately, if she obtains her settled status, would she still be linked to me from a visa perspective (I would still be a pre-settled status)?
      Once she has settled status, she is free from any restrictions, that means she no longer relies on your residence or the relationship with you for her status. But she relies on you as the sponsor, to be able to obtain it. She can't get it counting from 2017 since she was not in the relationship with you.



      I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities.

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      • #4
        Thank you for taking the time to look into this. I understand that even if we were in a relationship, which was eventually recognized as such by granting a partnership visa this would not count, which is disappointing.

        In a nutshell, could you confirm my understanding below?
        She cannot ask for settled status before October 2023, which is exactly 5 years after receiving her residence card of a family member of a union citizen. I would have hoped her student year would have counted as per: this link

        If I move to the USA, I would lose my status after 2 years but could only apply for pre-settled status again if I am gone for more than 12 months as this absence is work related. She could nonetheless stay in the UK as we would still be in a relationship but could lose her right to remain if I am not back in time (unless she converts into a settled status in the meantime). In this case, she would be settled, which would supersede her current partnership visa - while I would still be pre-settled.

        Sorry for all the questions, I am still a bit confused. Thank you again!
        The EU Settlement Scheme for EU citizens and their families to remain in the UK after it leaves the EU ('Brexit'): who's eligible, how to apply, how much it costs.

        Comment


        • #5
          Originally posted by Pierroot View Post
          Thank you for taking the time to look into this. I understand that even if we were in a relationship, which was eventually recognized as such by granting a partnership visa this would not count, which is disappointing.

          In a nutshell, could you confirm my understanding below?
          She cannot ask for settled status before October 2023, which is exactly 5 years after receiving her residence card of a family member of a union citizen. I would have hoped her student year would have counted as per: this link
          Morning,

          The link isn't live, however, as I said earlier, family members can only count time when they were in the relevant relationship, in the case of married and civil partners, they can count time spent on other visas if they were already in the formal relationship, however, with durable relationships, since there is no official date when the relationship began, the clock only starts when the Home Office recognised the durable relationship with the residence card.

          Originally posted by Pierroot View Post
          If I move to the USA, I would lose my status after 2 years but could only apply for pre-settled status again if I am gone for more than 12 months as this absence is work related.
          Actually, you are allowed UP TO 12 months for a work related absence, no more than that, in order to get settled status. If you don't spend 2 years or longer, without coming back, your pre-settled status remains valid but you may not qualify for settled status when it expires, that would mean having to find another route to stay here, and that may not be easy.

          Originally posted by Pierroot View Post
          T
          She could nonetheless stay in the UK as we would still be in a relationship but could lose her right to remain if I am not back in time (unless she converts into a settled status in the meantime). In this case, she would be settled, which would supersede her current partnership visa - while I would still be pre-settled.

          Sorry for all the questions, I am still a bit confused. Thank you again!
          Her being able to get settled status still depends on you, as the sponsor, meeting the residence criteria during the 5 year period.

          I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities.

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