Non-EEA unmarried partner looking for advice

[Olliec]

Hi guys, thanks for reading this, I am in a complicated case.

I have been in the UK for nearly 10 years mainly as a student and lately on EEA2. I have been living with my EEA National partner for 6 years in a relationship akin to marriage and we have been together for about 8 years. We are not married.

My EEA2 RC is 4 years in and I don't think we will make it together for the 5th year as we are having a lot of issues in the relationship mainly because we are on a situation we want different things in life and we have a lot of arguments re work, family etc etc and I don't know how longer we can go before we break up.

I have made a life in the UK and it would be really difficult for me to re adapt to other country, I have a stable job, friends, debts etc as a normal person,

Do you think it is possible for me to retain rights as we have been in a relationship for so many years? I know there is also the 10 year rule but that won't happen until 08/16.

Any advise is welcome!

Thanks!

[secret.simon]

If you were married to your EEA partner, you could have relied on RoR. I am not certain that RoR would apply to durable partners. But I am sure I will be corrected if it is applicable.

The only two routes available to you are the five year PR route or the 10 year long residence rule.

You could look at making an FLR(FP) application on the grounds of private life, but the requirements are onerous.

Immigration Rule 276ADE states

(vi) subject to sub-paragraph (2), is aged 18 years or above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but there would be very significant obstacles to the applicant’s integration into the country to which he would have to go if required to leave the UK.

You will have to prove why there will be obstacles to your integrating with life in your home country.

Can I ask you your age? The younger you are, the easier it is for the Home Office to argue that you can, in fact, adapt to life in another country.

Do you have any children residing with you?

[Olliec]

Thanks for your reply! I am 32 so I guess that would be an easy one for the Home Office, she's got a son who lives with us.. I love him as if he was mine though. He is 17 and is off to Uni next year and my partner is 40.

[Obie]

In the circumstances of this case, retention may not be possible.

[Wise]

For the sake of your status why don't you just put your head down for the last 5th year and use that period to start getting some of the documents you will need for PR.

Come to think of it you have been together for longtime and I think for you to be totally free is very little to the year you have been together.

IF YOU WANT TO CATCH MONKEY BR YOU NEED TO BE LIKE A MONKEY. IS A FOOD FOR THOUGHT PLEASE. IF I AM IN YOUR SHOE THAT'S WHAT I WILL DO.

Assuming you married her within does period of your relationship that could have help to go for ROR but is not the case now. Have a deep though and I believed you can do it.

Good luck.