[2024] UKUT 00068 (IAC)

With effect from 12 April 2023, para. (aaa) in the definition of “durable partner” was amended by HC 1160 to read:

“(aaa) was not resident in the UK and Islands as the durable partner of a relevant EEA citizen (where that relevant EEA citizen is their relevant sponsor) on a basis which met the entry for ‘family member of a relevant EEA citizen’ in this table, or, as the case may be, as the durable partner of the qualifying British citizen, at (in either case) any time before the specified date, unless (in the former case):

- the reason why they were not so resident is that they did not hold a relevant document as the durable partner of that relevant EEA citizen for that period; and

- they otherwise had a lawful basis of stay in the UK and Islands for that period.”.

While this rule change introduces a degree of clarity through the use of two bullet points, we do not consider it to make any substantive change to the underlying eligibility criteria contained in the original version of para. (aaa). The operative wording is identical. The introduction of the bullet points appears to be intended to make the provision easier to read, while retaining the substantive requirements of the original version.