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✎ EN What is status of unmarried couples / de facto in EU

Discussione in 'Immigration UK' iniziata da inspired, 15 Agosto 2007.

  1. inspired

    inspired Member

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    Hi folks,
    I've spent a couple of days now trying to get clear info on this. The tricky bit is that things are changing so fast in the EU with regards to laws and regulations that what I read is often not up-to-date. Now that's I've found thsi great forum I am hoping some of you can give me the low-down on what's what. Here's the situation:

    My partner is a German and New Zealand citizen. Born in NZ but lived all her life in the UK and Germany. She came to NZ three years ago to study.

    We have been together in a de facto marriage relationship for nearly 3 years.

    We would now like to both travel to Europe. We are considering moving to a place in Italy, but would also like to be able to both free move around the EU together. We will certainly be spending a fair bit of time in Germany (where her family lives) and also some time in Finland (where some of my family live -- my step-mother is Finnish).

    I have a NZ passport, she has German and NZ.

    I understand that some countries in the EU recognise unmarried / de facto / and/or same sex relationships. I understand that some countries in the EU do not.

    I am aware that there is a push to get the EU to impliment EU-wide regulations that require all member states to recognise unmarried couples as family (couples that have been together for at least two years and have lived together during that time, as a de facto marriage)

    Some of the info I've read is dated 2005. Some 2006. I've found nothing that is absolutely current with regards to the treatment of unmarried couples in the EU.

    Can you give me some info in this regard and/or point me to where I might find current facts on this?

    I am aware that Italy, for instance, is very conservative and do not recognise unmarried couples (nor same-sex couples). Yet German does. Does that mean I can live in Germany with my partner yet not in Italy? That's they way it looks, yet that seems to contravene EU policy/law.

    With thanks,

    Jonathan
     
  2. thsths

    thsths Addicted member

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    As far as I know your understanding is correct. The EU is trying to unify the procedures, but it also cares for cultural differences. Italy does not recognise "de facto" marriages or same sex relationships. It would not be fair to put foreigners above locals, would it? (Actually this already happens in some cases, but they are limited.)

    Since this is a potential obstacle to the free movement, something may be done in the future. But so far I think the topic is to emotional for an easy change.

    So for now you should try to settle in a place where "de facto" marriages are recognised. You will get a Schengen visa, and with that you can visit Italy, but you cannot settle there (for now).
     
  3. inspired

    inspired Member

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    Thanks for your reply. I appreciate your point of view.

    With regards to the Schengen visa suggestion.

    Is it possible to get a long-term Schengen visa? What I've read only talks about Schengen visas that allow for a person to stay in the entire Schengen region for 90 days.

    I can go to Germany with my partner and get a resident permit based on our de facto relationship. But my research so far indicates that this gives me no right to stay anywhere else as a resident, and that should I then travel to Italy I will be entering there as a tourist with a limit of 90 days to visit and then leave, and that because Italy is a Schengen country I will not be able to stay another 90 days until 3 months has gone by (I recall people are allowed to be in the Schengen countries for 90 days every 6 months, so I can't just leave and come back the following week for instance).

    What is your understanding of this?

    Thanks,

    Jonathan
     
  4. inspired

    inspired Member

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    Update

    Contrary to what I stated earlier, I've now spoken again with the German Consulate in New Zealand and found out that Germany does NOT in fact have any recognition of unmarried partners. They have the Life Partnership Act which allows for people to have what is also referred to as a Civil Union. This is much the same as getting married, just different terminology and it typically allows for same-sex partnerships.

    There's no point in us getting a Civil Union because Italy does not recognise those.

    Looks like we may have to get married purely for political reasons. Something we'd rather avoid, but that may be the only option.

    :rolleyes:

    Jonathan
     
  5. thsths

    thsths Addicted member

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    Re: Update

    Well, a lot of people get married for this reason. Many may have married anyway at a later point, and they just had this extra incentive to do it earlier. It really simplifies your life from an immigration perspective. And as long as you have a genuine relationship, there is nothing wrong with that.

    I do not really see another solution for your problem. If you want to stay in Italy for extended periods of time (more than 3 months out of 6, and certainly for more than 6 months of a calendar year), you will need to register there. Being married that is easy, and otherwise it could be really difficult.

    The only country I know recognises "de facto" marriages is the UK, but that would be no good for you, because it is not part of the Schengen agreement. Holland has a "registered partnership", which is basically a non-religious alternative to a marriage. It may be recognised as a marriage in Italy, but I am not sure about that.
     
  6. inspired

    inspired Member

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    Re: Update

    Thanks. Yes, seems that is the only viable option at this time for Italy. Perhaps in a few years time the EU will have come up with a more standerdised protocol for its member states in this regards, but for now Italy has rather conservative laws that say it's marriage or it's nothing.

    So, we will get married here in NZ, and avoid the immigration complications entirely.

    I feel better about taking that route knowing that all other options (or lack of them) has been ascertained. No point in jumping into these things needlessly. So thanks for the help.

    Regards,
    Jonathan
     
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