Durable relationship / civil partnership problems

[Furrows]

Hi all,

My situation is turning out to be quite difficult, so I'd like to see if anyone has any advice. I've been digging through a lot of the advice given by the Home Office and I can't say I found anything useful. I'm hoping someone here might have more insight into this.

My partner and I moved to the UK in October 2019, as unmarried partners. She is an EU citizen and I am a non-EU citizen.

Before the move, we lived in France, since September 2017. In May 2019, we decided to get PACS-ed, which is a French civil partnership, open to opposite sex couples. However, since the UK did not recognize different sex civil partnerships, I was advised to apply under the rules for unmarried partners. I provided all the evidence and received my FP very quickly. We moved in, found a flat, but... I can't say that we've had it easy with each other.

For the past month or so, we've been quarreling over some very private matters pertaining to her mental health. It's getting to the point where just being in the same room is causing fights, and I find myself constantly wanting to leave the flat because the air around her feels like poison. She has problems with her mental health and can be quite abusive, so it makes it actually really difficult for me to try and communicate with her. I feel bad for her and I want to help her, but she is taking out a lot of her problems on me and refusing any help or treatment.

We have yet to apply for settled status since for whatever weird reason, we can't find anything appropriate to serve as her evidence of being in the UK (we entered via car driven by someone else; we are staying at an Airbnb so no bills; can't get a phone contract because no credit history; can't register with a GP to get a letter because they want proof of address). We found a solution since she'll be going to a Citizens Advice Bureau to get a letter as proof on Thursday, so at least that's something. But honestly, I am finding this situation really, really difficult to live in, so I have some questions:

a) Do we still count as unmarried partners, or do the changes to the law for civil partnership now make it possible to submit my application for pre-settled status as opposite-sex civil partners using the French PACS?

b) In case of our relationship breaking down and we count as unmarried partners, do I have to leave the UK?

c) In the case of our relationship breaking down but we register as civil partners, do I have to leave the UK?

Thank you all,
Furrows

[amaherchandani]

Hi all,

My situation is turning out to be quite difficult, so I'd like to see if anyone has any advice. I've been digging through a lot of the advice given by the Home Office and I can't say I found anything useful. I'm hoping someone here might have more insight into this.

My partner and I moved to the UK in October 2019, as unmarried partners. She is an EU citizen and I am a non-EU citizen.

Before the move, we lived in France, since September 2017. In May 2019, we decided to get PACS-ed, which is a French civil partnership, open to opposite sex couples. However, since the UK did not recognize different sex civil partnerships, I was advised to apply under the rules for unmarried partners. I provided all the evidence and received my FP very quickly. We moved in, found a flat, but... I can't say that we've had it easy with each other.

For the past month or so, we've been quarreling over some very private matters pertaining to her mental health. It's getting to the point where just being in the same room is causing fights, and I find myself constantly wanting to leave the flat because the air around her feels like poison. She has problems with her mental health and can be quite abusive, so it makes it actually really difficult for me to try and communicate with her. I feel bad for her and I want to help her, but she is taking out a lot of her problems on me and refusing any help or treatment.

We have yet to apply for settled status since for whatever weird reason, we can't find anything appropriate to serve as her evidence of being in the UK (we entered via car driven by someone else; we are staying at an Airbnb so no bills; can't get a phone contract because no credit history; can't register with a GP to get a letter because they want proof of address). We found a solution since she'll be going to a Citizens Advice Bureau to get a letter as proof on Thursday, so at least that's something. But honestly, I am finding this situation really, really difficult to live in, so I have some questions:

a) Do we still count as unmarried partners, or do the changes to the law for civil partnership now make it possible to submit my application for pre-settled status as opposite-sex civil partners using the French PACS?

b) In case of our relationship breaking down and we count as unmarried partners, do I have to leave the UK?

c) In the case of our relationship breaking down but we register as civil partners, do I have to leave the UK?

Thank you all,
Furrows

1. Being a EU citizen is not enough, she needs to be following treaty rights. Example she will need to start working and giving her payslips into the documentation process.

2. Following point 1. If your partner starts working, it is quite natural to show home office that you also have a place rented for so you can show that you are residing permanently.

3. Fighting and arguing in relationship will not take you anywhere. Patience is always needed in a relationship and your patience will be required to get the decision from the home office.

4. You need to go with the document of the home office website and write procedures and guidance of EEA Applications. It is a very detailed document which explains everything.

[Magus1984]

a) Do we still count as unmarried partners, or do the changes to the law for civil partnership now make it possible to submit my application for pre-settled status as opposite-sex civil partners using the French PACS?

Unmarried partners are classified as 'Extended Family Members" and as such have less 'privileges' than direct family members. For instance in most cases unmarried partners do not get retained rights and after the relationship with the EU citizen breaks up so does your permission to stay in the UK. Conversely, direct family members get retained rights after 3 years of marriage.

b) In case of our relationship breaking down and we count as unmarried partners, do I have to leave the UK?

Yes (in theory). However in practice, if you already hold pre-settled status (which has a 5 years validity) unless your partner notifies home office that the relationship had broken up you can remain in the UK with your pre-settled status BRP (at least for the 5 years).

c) In the case of our relationship breaking down but we register as civil partners, do I have to leave the UK?

As I said above, if you are considered a direct family members you get retained rights after 3 years of marriage. This is a more 'secure' route so I'd suggest to seek immigration advice to check whether you can use that french civil partnership as evidence of your relationship.

1. Being a EU citizen is not enough, she needs to be following treaty rights. Example she will need to start working and giving her payslips into the documentation process.

This is not entirely correct. EU citizens need to exercise treaty rights (work, student, etc.) only if you plan to apply under the EA law. If you apply using the new EU Settlement Scheme with the app your partner only needs to proof Identity (passport/ID card), Residence (usually by giving her national insurance number) but if you don't have one then you need to provide some other proof that she is residing in the UK (see link below) and criminal records. That's all. Then you can apply to settlement scheme linking her application number.

This link explains how to provide evidence that you’ve been living here if can’t confirm this through an automated check of UK tax and some benefits records. https://www.gov.uk/guidance/eu-settleme ... -residence

[kamoe]

a) Do we still count as unmarried partners, or do the changes to the law for civil partnership now make it possible to submit my application for pre-settled status as opposite-sex civil partners using the French PACS?

At the stroke of midnight of December 2nd 2019, yours became legally considered a civil partnership in England and Wales.

Report from Equal Civil Partnerships here:

Many other couples will have gone to bed on Sunday 1st December cohabiting and woken up to find themselves civil partners. Civil partnership equivalents entered into outside the United Kingdom automatically became a legal relationship at 00.01am on Monday 2nd December.

Which refers to the latest legislation, amended to take force on December 2nd 2019 here:

(5B) The time when the two people are treated as having formed a civil partnership is the time when the 2019 Regulations come into force.

Regarding your further questions:

b) In case of our relationship breaking down and we count as unmarried partners, do I have to leave the UK?

Not applicable.

c) In the case of our relationship breaking down but we register as civil partners, do I have to leave the UK?

No, since your PACS now being recognized as a civil partnership, you are now a direct family member.

[Obie]

For present purpose the fact that heterosexual civil partnership was not recognised in the UK, did not have an effect on the OP's rights, as he has an EEA family permit, and under the regulations, is considered a family member.

He may qualify for Pre Settled status without the need for bills. I suspect an affidavit before a solicitor, confirming you are in the UK and you signed it in their presence will qualify you, given the fact you came by car and did not receive a stamp on your passport.

[amaherchandani]

At the stroke of midnight of December 2nd 2019, yours became legally considered a civil partnership in England and Wales.

Report from Equal Civil Partnerships here:

Many other couples will have gone to bed on Sunday 1st December cohabiting and woken up to find themselves civil partners. Civil partnership equivalents entered into outside the United Kingdom automatically became a legal relationship at 00.01am on Monday 2nd December.

Which refers to the latest legislation, amended to take force on December 2nd 2019 here:

(5B) The time when the two people are treated as having formed a civil partnership is the time when the 2019 Regulations come into force.

Regarding your further questions:

I really don't know which option I need to choose to make the quote and reply separate. May be my phone isn't working well

Thanks,Kamoe for updating us. I'm quite happy hearing that this law is into force now.

[Obie]

I have amended your post. There were 2 open quotes which was causing the problem, I have closed the second one.

[secret.simon]

c) In the case of our relationship breaking down but we register as civil partners, do I have to leave the UK?

a) Do we still count as unmarried partners, or do the changes to the law for civil partnership now make it possible to submit my application for pre-settled status as opposite-sex civil partners using the French PACS?

At the stroke of midnight of December 2nd 2019, yours became legally considered a civil partnership in England and Wales.

While the OP would indeed become a direct Family Member from 2nd December 2019, in order for them to retain right of residence based on the civil partnership, s/he needs to be in that civil partnership for at least three years.

My reading of the requirement is that retained rights of residence would only kick in if the partnership lasts till at least 2nd December 2022 (three years from the start of the civil partnership in UK law).

[Obie]

If the UK recognises international heterosexual civil partnership, it cannot be right that it failed to recognise the date it was contracted.

This law change follows a court ruling that the UK was discriminating on heterosexual. It will be odd if they then turn and say you will only accrue rights based on the date of civil partnership, from the day UK start recognising this relationship.