Unmarried partnership or retained rights of residence

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Cashewnuts
Posts: 1
Joined: Fri Jun 12, 2015 5:50 pm

Unmarried partnership or retained rights of residence

Post by Cashewnuts » Fri Jun 12, 2015 5:58 pm

Hi

My friend has got a civil partnership with a EU national. He arrived in UK in Dec 2010, obtained civil partnership certificate under Brasilian law (Brazilian consulate) in Aug 2011 and his RC in Nov 2011. They lived together for 3 years and exercised treaty rights during the whole time but his partner left the country to work in Dubai. Apparently the relationship wasn't going well. He was scared and lost and never told HO about his situation. Now, he has heard about Retained Rights of Residence and he is wondering if he is entitled to. I told him that his partner is not exercising treaty rights so he is not elegible if not illegal here once his partner is not in the country anymore (more than 6 months and no plans to return)

Can he apply for retained rights of residence in that case as he found out that his partner has been paying NI and declared himself as self-employed?

The other question is regarding his currently situation where he lives and have a relationship with a British citizen with plans to live together. As he lives with this person since Nov 2014 he is wondering if he should stay quiet and apply after two years for unmarried partnership with the British citizen.

Question: would that be possible?
Would not his previous relationship be in the way once he theoretically couldn't be in 2 relationships at the same time?
If he can claim unmarried partnership, can he do it from UK or he needs to go back to his country?


Thank you very much!

martyn
Senior Member
Posts: 3276
Joined: Thu Sep 07, 2006 9:08 pm
Location: Nuneaton

Re: Unmarried partnership or retained rights of residence

Post by martyn » Fri Jul 10, 2015 1:32 pm

I think he is only eligible for retained rights if the civil partnership is dissolved, and not if the partner has simply left the country.
The other question is regarding his currently situation where he lives and have a relationship with a British citizen with plans to live together. As he lives with this person since Nov 2014 he is wondering if he should stay quiet and apply after two years for unmarried partnership with the British citizen.
He needs legal advice and should attend one of the monthly meetings.
Any responses on this forum represent the opinion of the writer only
If you need legal advice, see http://uklgig.org.uk/?page_id=100 for a list of solicitors

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