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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.Furrows wrote: ↑Tue Dec 17, 2019 9:25 pmHi 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
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.
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).
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.
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.amaherchandani wrote: ↑Tue Dec 17, 2019 11:42 pm1. 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.
At the stroke of midnight of December 2nd 2019, yours became legally considered a civil partnership in England and Wales.
Which refers to the latest legislation, amended to take force on December 2nd 2019 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.
Regarding your further questions:(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.
Not applicable.b) In case of our relationship breaking down and we count as unmarried 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.c) In the case of our relationship breaking down but we register as civil partners, do I have to leave the UK?
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 wellAt 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:
Which refers to the latest legislation, amended to take force on December 2nd 2019 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.
Regarding your further questions:(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.
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.