Re: Application: Unmarried Partner for common-law relationsh

The UK will not issue an EU -Resident Permit for the unmarried non-EU partner of an EU National.

As an unmarried Partner of an EU citizen, the best you can hope for is an Unmarried Partners Permit which is solely at the discretion of the UK authorities and does not give you any protection under EU Law.

Last but not the least, the Home Office is very likely to ask you to go back to your Home Country and apply for the Unmarried Partners Visa. But if you are going to do that then it may save you both the hustle by getting married and seeking EU Movement Rights which gives you more and better protection than UK Immigration Laws .

 

and for a Married partner?

If I as a non-EU citizen marry an EU citizen, will I be able to take advantage of EU advantages, like paying the EU fees for a British university?

 

Hi Ic20mc

If your partner is European but non-British, then he could apply for a resident permit - ECC1 and include you as a dependant. The only thing is that he should be able to prove that he has exercised Treaty Rights for 4 years, i.e, either as a worker, student, or financially sufficient, or self-employed.

I don't know if he could apply both as a worker and as a student (which he was before going into employment). Anyhow, it should cover four years in the UK. Your best bet is to contact the Home Office. They'll be able to help. Having said that, sometimes you have to phone a few times and speak to different people before you get the right information.

Good Luck

 

Hi Rimbaud, I did not think that there was a requirement for the EU citizen to have exercised treaty rights for four years before he or she could apply for an EEC1 residence permit (together with non-EU dependents). Perhaps you mean that if an EU citizen has exercised treaty rights for four years plus a further year in the U.K. (as required by the 4+1 rule), the EU citizen can apply for British citizenship and therefore can sponsor an unmarried partner.

This is what I read from the Home Office web site for EEC1 application.
http://www.ind.homeoffice.gov.uk/ind/en ... onals.html

 

Salut

 

You CAN apply for EEC1 as an unmarried partner as long as you can prove that you have been living for 2 years, and your partner is exercising treaty rights. This is probably the best route you could take. Check Glauco's case, who applied for same sex relationship via EEC1. You will be probably granted a 2 years Visa.

http://www.immigrationboards.com/viewto ... 7&start=15

Good luck!

 

Yes there is a requirement for the EU citizen to have exercised treaty rights for four years prior to applying for the EEC1 or EEC2. I know that all this is very confusing. I have had to phone several times and read extensively about it to actually understand how this works. I've noticed that, unfortunately, a lot of these guys at the Home Office are not well informed about the rules, so some of them always give the wrong or insufficient info.

I think it's always a matter of luck who deals with your application. At the end of the day it always comes down to that person, how knowledgeable or ignorant he or she is.

Anyway, at the moment my partner and I are in the system too. We recently applied for the EEC1 and EEC2 (I was told the officer will decide which one to grant us). EEC1 is a resident permit and EEC2 is indefinite leave to remain.

Dure dure d'être immigré

 

Maybe the four-year rule applies to same-sex relationships. I do not know. But I am quite certain that there is no such rule otherwise. I am also applying for EEC1 and my husband has exercised his treating rights in the U.K. for less than a year (in my case it cannot be EEC2 which is for settlement purpose. We have not lived in the U.K. for four years yet and so are not eligible for it.)

I know a few non-EU spouses who have got EEC1 residence permits in their first year of living in the U.K.

 

Daphne, I believe you are right. The four yrs treaty rights is required for the application for settlement, that is Indefinite Leave (EEC2), once you already have a resident permit. Otherwise I think it's only one year working requirement. I'm not sure.

That's what I was talking about, these people at the Home Office always give the wrong info