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✎ EN Unmarried partner visa through Italian citizen

Discussion in 'Italy' started by markuscose, Jun 9, 2007.

  1. markuscose

    markuscose New Member

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    I am a male US citizen who may soon hope to apply for a unmarried partner visa to the UK

    My partner is an Italian citizen. We have been together for over 7 years in the US but have exhausted his Visa possiblities in the US. He has always been here legally.

    My partner has recently returned to Italy and we are having very limited success for me to join him on a long term Visa in Italy. Even recommended immigration lawyers in Italy are very uncertain of current options in Italy due to a variety of political an bureaucratic issues.

    I am ending my employment as a High School teacher in the US and will visit him in Italy on a tourist Visa this summer/fall. Given the obstacles we are encountering with Italian immigration, despite having a willing sponsor for employment,we are beginning to panick and are lookng to the UK as an option.

    We can provide evidence of our relationship over the past 7 years.

    We are very fortunate and have fairly substantial savings.

    Questions

    Can my partner move to the UK and get an apartment without first having a job or job offer? He does not have an "impressive" CV and has very little formal education.

    I assume a UK address is required before we can apply . . . correct?

    Can he sponsor me as an unmarried partner without first having employment?

    How much savings would be considered sufficient to prove he/we can support ourselves without immediate employment and needing recourse to public funds? (again we are fortunate and have good savings)

    Do savings have to be in bank accounts inside the UK or is having accounts inside Italy and the US OK for the application/evidence requirements?

    Am I correct in understanding that my partner will not require a registration certificate to sponsor me for the unmarried partner on the VAF2 form?

    If we are fortunate and succeed in this process, how long will the first visa be good for? Will I be entitled to seek employment? My CV is "strong" and I have a University degree in Economics and Teaching credential.

    Would I eventually be eligible for Indefinite Leave to Remain even if my partner does not get a registration certificate/permanent residence?

    Is it required for my partner to get ILR status himself in order for us to apply to become Civil Partners? I am concerned about new language/testing requirements I read about being overwhelming for my partner.

    If we are fortunate and succeed in my getting ILR status, would I eventually be eligible for UK citizenship?

    Finally, after visiting my partner in Italy for up to 90 days this summer/fall, will I be eligible to enter the UK on a tourist Visa in the Fall to begin our apartment search together? How long can I enter the UK on a tourist visa? Once we have an apartment, I would return to the US and apply for the Unmarried partner Visa.

    Thank You in advance for taking the time to read about my situation and offerring any answers or advice regarding my questions!!!!!!!

    Sincerely
    Markus
     
  2. Triple H

    Triple H Addicted member

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    You could apply for a family permit , form VAF1.

    http://www.ukvisas.gov.uk/servlet/Front ... 8721068382


    Once your partner has a job and you are settled you could apply for a residence(within 6 months)

    Read on the top of the main page about forms EEA1 AND EEA2
     
  3. thsths

    thsths Addicted member

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    You asked a lot of good questions. You may want to read the EU Directive 2004/38/EC, it presents yours options in clear English on a few pages. But I will try to give you the key answers.

    Your partner can go to the UK. He can just book a flight and travel with his ID card. Legally, he has to be either working there, work seeking or self sufficient. Although this is not checked, it becomes important if he wants to sponsor you. Your partner does not need a UK address if you two are traveling to the UK together. You can apply from the US or from Italy.

    He does not need to be employed, but then you need to prove sufficient funds. I think about 2000 Pounds per household per month is the guideline, but that also depends on where you want to live. Funds anywhere in the world should be sufficient, as long as they are readily available.

    I am not sure about the ILR. You would qualify for permanent residency (which is a European legal status) after about 5 years. ILR is a national immigration status, and there are subtle differences between the two. In any case, your partner should not have to take any tests.

    You can enter on a tourist visa and then switch to the European immigration track. But it is probably better to apply for an EEA Family Permit using the form VAF2, because then you are able to work immediately. The EEA Family Permit is valid as a visa for 6 months, but you can stay in the UK longer.

    Have a look for the forms EEA1 and EEA2 on the web site of the home office http://www.bia.homeoffice.gov.uk/applyi ... unationals . You should apply as soon as possible once you are in the UK, because the processing times are long (up to 6 months for EEA2).

    Finally: if you intend to go back to Italy eventually, you may want to settle in a "Schengen" country. There are no border controls, and there is a common visa policy for these countries, so getting into Italy would be a lot easier from one of these. The UK and Ireland are the most notable exceptions (plus new Europe). That being said, even the UK residence card should be sufficient to go to Italy according to European law, but things are not always as they should be.
     
  4. Triple H

    Triple H Addicted member

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    Its VAF1.
     
  5. ItalianAmerican

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    Hi,
    my unmarried partner (American) and I (Italian) are in the same situation described by
    markuscose: we've been living legally in the US for several (documented) years and willing to move to the UK as soon as my visa for the US expires.
    I read thsths's response to Markus and now I have a doubt about the family permit.
    I read in other threads on this forum, and also on the official FAQs about the EEA Family permit, that and address in the UK needs to be provided in order to be able to apply for a family permit at a British Consulate. In fact my partner did a test and went to the official website ukvisas.gov.uk and started a request for a a family permit: even if he entered into the system that he was travelling together WITH a EEA national (myself) and not joining someone already living there, the system asked for an address in the UK.

    thsths (or whoever else can help) where did you read about this possibility of not having an address ready when you apply for a permit to move to the UK as the same time as an EEA national? Is there any link you can provide?

    The reason I'm asking is beacuse we were actually thinking to move there and find a place to live on site.

    Thank you all very much, this forum has been incredibly useful.
     
  6. thsths

    thsths Addicted member

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    Sorry, I should have been more accurate there. You do not need to be resident in the UK, but of course they want to know where you are traveling. A hotel address should be fine for this purpose.

    You can then travel to the UK together, and look for accommodation. You certainly need a residential UK address to apply for the residence card. (That was the distinction I wanted to point to.)
     
  7. inspired

    inspired Member

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    I have a comment/question regarding this last stagement you made. I am presently looking at how my partner and I can stay in Italy long-term. She is a German citizen, myself New Zealand.
    Italy has proven, at a theoretical level, to be a real challenge.
    Yes, one can move freely within the Schengen countries but as far as I understand it Italian law says all foreign visitors to Italy must register their presence within 8 days of arrival. That includes citizens of other EU-states and I believe it also includes people from other Schengen countries. It is at this point (of registering oneself) that they are going to take a look at what grounds the "partner" of the Italian citizen is trying to stay in Italy (if wishing to stay longer than 90 days). As Italy have no formal recognition of same-sex and unmarried partnerships (de facto marriage) this form of relationship is not valid ground for being granted a permit to stay.

    Please correct me if I am wrong. I'd love to know.

    Regards,

    Jonathan
     
  8. shauns303

    shauns303 New Member

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    Hi i am an australian 26 year old male, and my partner is italian 28. We lived together in the uk for about a year and then moved to italy for 3 months and then did 6 months in australia where i remain and she has had to return to italy.

    We are wandering our best options and when i came across this forum its a about as close as we have got to an answer. We do wish to be based in europe somewhere and if it means the uk then we are willing to do so. We have plenty of friends and places to stay in brighton uk and could quite easily pick up work but i need to be on a more permanent visa for this to work. We both teach languages and have other qualifications but work visa's dont seem to wanna have a bar of it. Typically no help what so ever from anyone qualified to give information, and are never willing to give friendly advise. I have learnt more and received more help from forums such as this one. -power to the people...

    Anyways, not sure how to approach this, wether to just fly over there and then apply for either -unmarried partner visa- or the family one??? Which one suits us best??? Do i have to apply from here in australia or can i do it there with her???

    Any help would be amazing.... Thanks to all the people who do reply and help others is simular situations.

    Where would we be without the net and forums ay??? ;)
     
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