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Inadvisable to use a UK visit visa for such a purpose.Perinaz wrote:Hi there.
I am hoping to find some info here as 2 solicitors said 2 very different thing.
I am a hungarian EU citizen and my partner is an Iranian national. We live in Hungary where he has a valid working permit until end of Dec 2015.
...
We are a straight couple, and we are registered civil partners in Hungary since Feb 2015.
Any suggestions please?
Thank you!
Fees
An EEA family permit is free.
What it does
An EEA family permit makes it easier and quicker to enter the UK. You might not get a boarding pass and could experience major delays without one.
You may be refused entry into the UK if you don’t have an EEA family permit.
How long you can stay
An EEA family permit is valid for 6 months. You can leave and enter the UK as many times as you need within that time.
Stay after your EEA family permit expires
You can stay in the UK after your permit expires if you:
- are the family member of an EEA national
After the initial 6 months, the non-EEA national (the dependent family member of an EEA national exercising treaty rights in UK) simply applies for a RC;Documents you must provide (translated if not in English)
You must provide:& etc etc
- a valid passport
1 passport-sized colour photograph
evidence of your relationship to your EEA family member, eg marriage certificate, civil partnership certificate, birth certificate (or proof that you’ve lived together for 2 years if unmarried)
That statements does not appear to contradict anything i said above, and my statement above is backed by YB and many other authority from the Upper Tribunal, which has found that 2 years requirement is not consistent with EU law.
You are missing the point about the FP.Perinaz wrote:Guys thank you so much for the quick answer.
I understand the 2 years living together rule
...
He has a valid visitor visa to UK up to early Dec as my family lives in UK we go there for regular visits.
This is what I found on the visa site:
-Making your EEA Family Permit application
Non-EU family members must apply to a British Diplomatic Post overseas prior to travelling to the UK. Note that if you are already in the UK it is not necessary to return home to your country of lawful residence in order to obtain an EEA family permit. -
Am I wrong to believe that he can enter to UK using his visitor visa what is valid till 1st of Dec and applying for an unmarried partner visa in the UK?
Did you mean a civil marriage?Perinaz wrote:We are a straight couple, and we are registered civil partners in Hungary since Feb 2015.
My understanding is it is the EU who fundamentally defines what is a 'civil partner'.Perinaz wrote:Thank you!
Yesterday I managed to talk to the Embassy here and I was told that even though we are registered as civil partners in Hungary it will not help as in UK only same sex can be registered.
Seems so hard but you guys are right, better to be on the safe side.
The Free Movement of Persons Directive (2004/38/EC) defines direct family members of an EEA national as their spouse, civil partner, child ...
Ref HO guidance on EEA Family Permits:For more information on direct family members, refer to Regulation 7 of the Immigration (EEA) Regulations 2006.
- See more at:Civil partner has the meaning given by Schedule 1 to the Interpretation Act 1978 (c. 30) as amended by paragraph 59 of Schedule 27 to the Civil Partnership Act 2004 (c. 33).
Perinaz wrote:Hi there.
I am hoping to find some info here as 2 solicitors said 2 very different thing.
I am a hungarian EU citizen and my partner is an Iranian national. We live in Hungary where he has a valid working permit until end of Dec 2015.
We have been in a relationship since May 2013 and we have been living together since July 2013. We have moved to a new place in 2014 Feb where we have been living until now and we can prove that with a flat contract. Unfortunately, the flat owner where we lived in from July 2013 until Feb 2014 had never ever given us a contract as she paid no tax on the rental,so we can not prove that however, we have an evidence as in July 2013 we made a comment and a timeline event on Facebook that we moved in together and we had regular messages between us on Facebook, where we were referring to our flat as a home, and when we need to pay the rent, etc.
I was offered a job in the UK what I would love to accept and he still has a valid tourist visa to UK till 1st of Dec and I am just wondering as I read it on the internet that with his visitor visa he would fly in with me and we would be able to change that visitor visa into a partner visa. Would Home Office accept for that period July 2013 to Feb 2014 copies of Facebook or letters from friends who can prove we were living together without a contract that time?
How seriously is Home Office regarding this 2 years living together period? We passed the 20th months, would we have a chance?
As this is a genuine relationship and we are planning to get married next summer, leaving him behind is not an option, but same time I was offered a position what would mean the top of my carrier.
We are a straight couple, and we are registered civil partners in Hungary since Feb 2015.
Any suggestions please?
Thank you!
Hope it helps.Schedule 20
Schedule 20 recognises certain overseas unions as equivalent to civil partnerships under the laws of the United Kingdom.
...
Schedule 20 is subject to adjustment, and additional overseas relationships may be added as more jurisdictions across the world bring in civil partnership or same-sex marriage legislation. On 5 December 2005, the original schedule of the 2004 act was amended to include several other countries and states.[5] On 31 January 2013, a further 50 types of overseas relationship were added to the schedule.[6][7]
Relationships not specified in the schedule may also recognised as civil partnerships if they meet the conditions of Section 214 of the Act, therefore many of the unions listed below as not listed in Schedule 20 may nonetheless be recognised.
Hungary: bejegyzett élettársi kapcsolat (registered partnership)
Not sure how long it takes these days.Perinaz wrote:Guys,
Thank you so so much for all your help and support!
The best news ever!
Would that take 6 weeks or 15 working days for them to make a decision?
We are going for the family permit. Thank you!
What is the name of this type of document?Perinaz wrote:Guys, would you mind please to take a look on this paper? This is what we have. Thank you
I just want to makes sure this is the right paper so next week we can apply for him for a family permit.
This writ is in full force and effect:
Budapest, on 20th February, 2015.
xxxxx notary
address
file number: xxxxxx
The acting notarysubstituate - in the registering process of common-law marriage declaration of XY and ZZ as Applicants into the common-low marriage declarations' registry - has issued the following -
WRIT
The notarysubstitute hereby registers the Applicants' declaration on the their common-law marriage under file
...
It's going to be important to find out under which Hungarian law this writ was issued.Perinaz wrote:Hi there, thank you so much for your quick reply.
The document has no name it is stated only as WRIT.
I believe it is a registered civil partners as it is written in it:
The notarysubstitute hereby registers the Applicants' declaration on the their common-law marriage under file number yyyyyyyyyyyyyyyyyyyyyyyy with the Applicants' data into the Common - law Marriage Declarations' Registry, and registers the date data of common-law marriage under 12345 Registry Number, simultaneously to this writ on the 20th day of February, 2015.
See https://en.wikipedia.org/wiki/Recogniti ... in_HungaryThe new registered partnership act took effect on 1 July 2009. Registered partnerships are only open to same-sex couples.
On 23 March 2010, the Constitutional Court ruled that the law is constitutional
It's obviously disappointing but you have not really lost anything.Perinaz wrote:Just read the law In Hungary for registering a relationship there are two ways:
1., for same - sex (bejegyzett elettarsi kapcsolat) - done by a registrar. It is a kind of marriage only for same sex couples. When they want to separate, court will separate them. Place: local registry office.
2., for opposite sex - common law marriage done by a notary. It is not as strong as a marriage and when they want to separate the notary will do the paperwork.
So basically what the link I was provided is for same-sex so based on our common law marriage we can not apply for a family permit for my Iranian partner.
What are the chances getting a family permit for him if we have this common law marriage and we have been living together for 20 months and we can prove that?