Unmarried partners ended

[Minou]

Hi,
I was in a long term relationship for more than 6 years. I am an eea national and last year with my ex we applied for residence card under eu law. As a result my ex got a residence card as a family member of an eea national for 5 years. I precised that we are unmarried partners. We split in last December and since then we do not live together. I have been trying to cover since by letting bills and contract under both names but now I left the flat. She recently found a new job and i am a bit wortied about the situation as her rights to remain in uk depends on our relationship. She recently found a new job and therefore i don t know if it is risky for her as now she has no way to prove that we are still cohabiting. She also plans to travel oustide uk to visit her family and i am worried that if uk border asks where I am and worst case scenario contacts me I will be obliged to lie to protect her. Could i be accused to cover her up and be evicted myself if they find out. Please help as this is a big dilemma, i would like she remains in uk and carries on her career but at the same i do not want to be in trouble with uk government.
Thanks for replying

[physicskate]

Hi,
I was in a long term relationship for more than 6 years. I am an eea national and last year with my ex we applied for residence card under eu law. As a result my ex got a residence card as a family member of an eea national for 5 years. I precised that we are unmarried partners. We split in last December and since then we do not live together. I have been trying to cover since by letting bills and contract under both names but now I left the flat. She recently found a new job and i am a bit wortied about the situation as her rights to remain in uk depends on our relationship. She recently found a new job and therefore i don t know if it is risky for her as now she has no way to prove that we are still cohabiting. She also plans to travel oustide uk to visit her family and i am worried that if uk border asks where I am and worst case scenario contacts me I will be obliged to lie to protect her. Could i be accused to cover her up and be evicted myself if they find out. Please help as this is a big dilemma, i would like she remains in uk and carries on her career but at the same i do not want to be in trouble with uk government.
Thanks for replying

She needs to apply for leave to remain in her own right: eg. Tier 2 or Tier 4 student visa. Continuing to 'pretend' you are in this relationship is fraud. If I were you, I would report a change in circumstances (eg break down of the relationship) and let the proper authorities deal with it. Lying will create serious problems for you and for her.

[Minou]

Hi,

Thanks for your reply. The thing is that she cannot switch from Uk, we already checked with a sollicitor, she indeed needs to cancel this visa and go back to her home country.
I understand that it is illegal but this is a very difficult situation to take as this will destroy her. My question is we don t tell anything, how do you think Home office can find out. Apparently, her new employer didn t even seem to bother to check anything such as asking evidences that we are still together. I am a bit lost to be honest, I will never be able to contact home office without her own will.

[physicskate]

Hi,

I understand that it is illegal

You will never receive advise on this forum to continue to break the law. These things have a way of getting found out. What were you planning to do when her visa expires? If she re-enters the country and says you are still in a relationship, she is lying to immigration officers and could be subject to a 1 or even 10 year ban from the UK.

[Minou]

I totally understand what you are saying but i am just human and when feelings are present we cannot be as rational as we would like.
She told me that she doesn t intend to extend her visa as she plans to go oversea to do a phd. She is a very smart person and most importantly she has been working hard in this country and i just find the whole situation unfair.
I m not asking you to give illegal advices, i just would like to know how can home office/employer find out if there is no proper check?

[physicskate]

She told me that she doesn t intend to extend her visa as she plans to go oversea to do a phd.

I suggest she does this sooner rather than later or switches to an appropriate visa category. If she ends up with a poor UK immigration history or ban it could have consequences on any applications made to other countries too. It shows a lack of regard for the rule of law.

How do they find out? In a huge number of ways, most notably when she enters the country or makes a visa application.

[Minou]

Thank you for reply and advise. I will talk to her then.
One more question, does her new employer find out that he might employ someone who has not a legal status?
Thks

[physicskate]

Thank you for reply and advise. I will talk to her then.
One more question, does her new employer find out that he might employ someone who has not a legal status?
Thks

If immigration visit the new employer and find out that your relationship is no longer subsisting, they can be fined up to £10,000.

[Minou]

Thks for answering. So basically this is not that likely to happen

[Obie]

If immigration visit the new employer and find out that your relationship is no longer subsisting, they can be fined up to £10,000.

Is this your personal view or the law.

It does not seem to me that it is the later.

How is the employer going to know if a relationship is ongoing exactly, and how will be the fined 10,000 in those circumstance, when a person has a residence card issued by the Home Office, which has not been revoked.

It is important that we express views which are legally sound, and not one that is marred by our personal views.

[Minou]

That is true but it seems to me that this type of visa is quite special as nothing really shows that is invalid as long as it hhas not expired.

[physicskate]

Surely if she continues working for the employer, who we have already been told has not done any checks on her legal status, is visited by HO, questions will be asked. The worse case scenario is that the employer is found to be employing an illegal worker they could be fined up to £10,000.

[Obie]

Surely if she continues working for the employer, who we have already been told has not done any checks on her legal status, is visited by HO, questions will be asked. The worse case scenario is that the employer is found to be employing an illegal worker they could be fined up to £10,000.

Well there is a valid residence card, is there not?

Therefore I fail to see the employers liability aspect of your argument , or am I missing something ..

[Casa]

I'm in agreement with Obie.

[Minou]

Yes the card is still valid but employers apparently do not check if the eea national is stillin a relationship.

[physicskate]

Surely if she continues working for the employer, who we have already been told has not done any checks on her legal status, is visited by HO, questions will be asked. The worse case scenario is that the employer is found to be employing an illegal worker they could be fined up to £10,000.

Well there is a valid residence card, is there not?

Therefore I fail to see the employers liability aspect of your argument , or am I missing something ..

The reason for the residence card has ceased to exist! Therefore the card holder needs to change the status of her stay. If the relevant authorities are informed about the change in circumstances, they would curtail the card holder's stay.

I am trying to encourage the OP not to game the system!! They wanted to know all of the possibilties, and as unlikely as this one is, it IS a possibility if the HO find the employer has not done the relevant checks (as stated by the OP), and by the time the checks are done, the employee is found not to be an unmarried partner of an EEA national, then there could be ramifications.

[Casa]

My understanding is that EEA regulations differ from the UK rules in the case of separation. See below:
"Relationship breakdown does not necessarily end entitlement to EEA residence card.
Spouses/civil partners retain entitlement under EU law as a family member if they separate, as long as the marriage or civil partnership has not been dissolved (by decree absolute or final dissolution order)."

Obie, your opinion as an expert on EU regulations. Does this also apply to 'extended family members'.

[Obie]

.

The reason for the residence card has ceased to exist! Therefore the card holder needs to change the status of her stay. If the relevant authorities are informed about the change in circumstances, they would curtail the card holder's stay.

I am trying to encourage the OP not to game the system!! They wanted to know all of the possibilties, and as unlikely as this one is, it IS a possibility if the HO find the employer has not done the relevant checks (as stated by the OP), and by the time the checks are done, the employee is found not to be an unmarried partner of an EEA national, then there could be ramifications.

Now we are talking about law. I am in slight agreement with you on some of the above cited remarks, but not all.

I accept without hesitation that the OP's partner is not residing in accordance with Regulation 8(5) and therefore Regulation 7(3) has ceased to have effect. That fact I accept and content with. It is a fact, that the OP's partner, in light of the discontinuance of their durable relationship , has ceased to reside in the UK in accordance with the regulation.

The right attached to the residence card appears to have elapsed, but the card remains a valid document unless and until it is revoked. Rightly so, the Home Office may well decide to revoke it if this matter came to their attention.

However I clearly disagree with you that their is employee liability.

I am not sure there is anything on this documents that support your contention, I am afraid. If there were, be rest assured I would have made a concession.

[Minou]

This is not in my interest to game the system but it seems that this system has its own failures and that is what i am trying to point out. If HO is not aware of the change status and employers are not told about the requirements of this type of visa, how could they be fined?

[Minou]

Obie, what do you mean by the right attached has elapsed? Are saying that something is missing on her residence card?

[Obie]

My understanding is that EEA regulations differ from the UK rules in the case of separation. See below:
"Relationship breakdown does not necessarily end entitlement to EEA residence card.
Spouses/civil partners retain entitlement under EU law as a family member if they separate, as long as the marriage or civil partnership has not been dissolved (by decree absolute or final dissolution order)."

Obie, your opinion as an expert on EU regulations. Does this also apply to 'extended family members'.

Casa you are correct in many respect, there are authorities to back the fact that living in different homes does not mean rights under EU law discontinues.

However that caselaw is mostly applicable in the context of marriage cases as opposed to Durable Relationship cases. The CJEU has never had an opportunity to deal with living separately and continuance to hold EU rights.

It may well be the case, that the CJEU my well apply the Diatta principles to Unmarried partnership case, I see no reason why they will not.

However the UK law appears to suggest that once durable relationship ends, them the person may lose their family member status under Regulation 7(3).

That may well be challenged in the CJEU one day.

[Casa]

Thank you Obie +1

[Minou]

Obie, thank u for all ur answers. Could please let me know what you mean by the rights attached to the residence card?
Cheers