Extended Family Member of EEA Nationals in the UK, Partners in Durable Relationship (4 of 4)
Extended Family Member of EEA Nationals in the UK, Partners in Durable Relationship, Category 4
In my previous videos I’ve explained a very important difference between direct and extended family members. I have also clarified the rules for all direct family members. I have also explained the necessary conditions for categories 1,2 and 3 on the extended family group. This topic is about partners in durable relationship.
Applicants wishing to apply as the durable (unmarried) partners of EEA nationals, must satisfy 4 requirements:
- the applicant and the EEA national sponsor have been living together in a relationship similar to marriage. And, as stated in the Home Office guidance, this relationship should last for at least 2 years,
However, there is nothing in the EEA regulations, which will give you an indication of how long the couples should live together before they can apply. This two-year rule was incompatible with the EEA regulations. Therefore the Home Office added an obligation for all decision makers to:
o ‘consider the individual circumstances of the application’
o they’ve also admitted the fact that it can be less than two years. This is especially where the parties have a child together
o they allowed the decision makers to use their discretion if there is enough evidence, for example, if they provided a birth certificate showing shared parentage with evidence of living together, etc.
the applicant and the EEA national sponsor should intend to live together permanently
- the applicant and the EEA national sponsor are not blood relatives
- any previous marriage or similar relationship by either party has permanently broken down
Extended Family Member of EEA Nationals in the UK, Partners ina Durable Relationship
In conclusion I wanted to mention one more very important point. When couples are married and then they officially divorce, under certain circumstances, it is still possible for a former spouse to retain his/her her right of residence in the UK. Quite sadly, the situation is different for extended family members. Those couple who were in a durable relationship with their EEA national partner but whose relationship broke down before they fulfil the five-year requirement cannot retain their of residence in the UK. This is something you should bear in mind when making a decision as to whether or not you should legalise your relationship with an EEA national partner.