EEA or Unmarried partner visa for an Australian

[jamieandtrojan]

Hi,

I am an Australian Citizen with a Dual nationality French/British Girlfriend, who is here in Australia with me on a WHV. Next week we will be getting the PACs(French cicl Union agreement). I have applied for an unmarried partner visa to the UK and we believe we have a very strong case for it to be granted.

But working on the worst case scenario of it being rejected, we have thought of doing the EEA route with the French nationality of getting me a visa for the UK.

Will I need to apply for the EEA(2?) visa before we get to the UK? or should we apply for it in France and take it to the UK with us and then apply again for the UK version.

Can I work on this Visa? I know that is a fairly hard question.

All this is very complicated and it is hard to get a straight answer from anyone official. I am sure everyone knows that already though.

I am not sure of the process needed to secure this.

We will be going to France to see her family in September, 10 weeks after the Unmarried Partner application was submitted. Will I need to be in Oz to receive the Visa seeing as how it was lodged here or can I receive it in France.

Any help would be appreciated.


Thanks in advance, Jamie

[Pasha]

The EEA Family Permit is the visa you have applied for to enter the UK and is valid for the 6 months. Once granted, you are able to work immediately in the UK. Once in the UK and to the EEA Family Permit expiring you will need to sumbit and application to the Home Office for your residence card as the family member of an EEA National. For this your will use the EEA 2 application form. Both applications are free. Your EEA family memebr must be exercising a treaty right in the UK for the EEA 2 application to be valid.

If you have concerns of your entry clearnce visa i.e. the EEA Family Permit being refused, you can also apply in France which requires your residence there to be legal in order for the application to be processed. I beleive a visitors visa will fall under the requirement of being legally resident in France but you will need to check this out.

Best of luck

[giruzz]

1- Un-married requires proof of living together for 2 years. Do you have it? And AFIK British do not recognize PACS. Not sure your case is that 'straight forward'

2- Why using the French Nationality should make things easier? The rules are the same (but costs are the different)

3- If you get the visa, YES you can work. Have a look at the Home Office website and you'll find all the answers.

4- The Embassy in Canberra is very good. My Gf had her Residency Permit (not EEA2 which has to be required in UK) after just 6 days (including time to deliver/receive back the passport. Note: we applied under EU Law for unmarried partner and we had to proof with about 900gr of paper our co-habitation for the whole 2 years.

giruz

[John]

AFIK British do not recognize PACS

My understanding is that the UK recognises a French PACS as the possible equivalent for a Civil Partnership. However Jamie as you talk about your girlfriend ... and thus I guess you are an opposite-sex couple ... under UK law you cannot enter into a UK Civil Partnership, and thus I think it follows that as far as the UK is concerned, the French PACS is meaningless.

Any particular reason why the two of you are entering into a PACS? Rather than a marriage?

[giruzz]

AFIK British do not recognize PACS

My understanding is that the UK recognises a French PACS as the possible equivalent for a Civil Partnership. However Jamie as you talk about your girlfriend ... and thus I guess you are an opposite-gender couple ... under UK law you cannot enter into a UK Civil Partnership, and thus I think it follows that as far as the UK is concerned, the French PACS is meaningless.

Any particular reason why the two of you are entering into a PACS? Rather than a marriage?

Oh Yes. That was my understanding.

I had the same problem and the HO told me that due to the fact that our couple was m/f having done the pacs would have changed nothing regarding a visa application.

Marriage was the way.

giruzz