Post
by Casa » Sat Oct 21, 2017 10:21 pm
ILR is only for those who are resident under the UK Immigration Rules.
Unfortunately, as an unmarried partner of an EEA citizen you are considered to be an extended family member, without the same rights as a spouse.
See the official guidance below:
Termination of durable partnership
A durable partner continues to have a right to reside as a durable partner for as long
as:
they remain in that relationship with the EEA national
their EEA family permit, residence card or registration certificate remains valid
If the relationship is terminated at any point during the 5 years before permanent
residence, then the durable partner no longer has a right of residence.
Durable partners cannot keep a right of residence under regulation 10 on the basis
that the relationship has broken down, whether this is due to domestic violence or
otherwise. This is because regulation 10(5) only makes provisions for a family
member to retain a right on termination of a marriage or civil partnership. As a
durable partner is not in either a marriage or a civil partnership, regulation 10 does
not apply. This reflects article 13 of Directive 2004/38/EC.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.