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Can you be clearer? You are planning to move to France and your partner is not from the EU, so you would like to know what are the options for him to be able to live with you there?Yvouille wrote: ↑Sun Aug 23, 2020 1:00 pmHello,
My civil partner is not from the EU and I am a French citizen. We live in the United Kingdom but we want to return to France. But in any French text, we can't ask for a French EU residence card, while it is a rule of the union.
Has anyone else had this problem? Have you been able to solve your problem?
(Sorry I don't speak well English )
There is also something similar that was decided upon by the CJEU in 2014. It was a case of some Dutch national living elsewhere with non-EU partner and it was established that by not allowing their non-EU partner to exercise the same rights of residence upon the citizen's return to the Netherlands as they did in host EU country, it was essentially a deterrent to free movement. The citizen does have to prove though that the residence in the host EU country was "genuine". So, a specific duration along with proof of "family ties" to the non-EU citizen. In your case, you would have to prove an established relationship/civil partnership.Yvouille wrote: ↑Sun Aug 23, 2020 3:46 pmthank you for your reply. Sorry, I was not specific enough.
I am a French citizen and my partner is an African citizen. Directive 2004/38 / CE does not allow me to settle with my partner in France because I am a French citizen.
But I would like to know if there is a Surrinder singh route for France? and has anyone used it before?
How long have you been living in the UK and how have you been exercising treaty rights?Yvouille wrote: ↑Sun Aug 23, 2020 1:00 pmHello,
My civil partner is not from the EU and I am a French citizen. We live in the United Kingdom but we want to return to France. But in any French text, we can't ask for a French EU residence card, while it is a rule of the union.
Has anyone else had this problem? Have you been able to solve your problem?
(Sorry I don't speak well English )
I think the problem will be, that you moved to the UK after it left the EU and that you plan to return to France after the end of the transition period.Yvouille wrote: ↑Sun Aug 23, 2020 8:01 pmWe arrived a month ago to learn English and we expect to return to France in January 2021 at the end of his EEA family permit if we cannot find a job. We thought we would have to redo the French procedures until we read this site and get some information. We try to anticipate.
The Republic of Ireland has legalised same-sex marriage in 2015, so I would think it is also recognised for immigration purposes - maybe check over at the Ireland forum? (Word of caution, as far as I have read, they are not keen on non-EEA spouses of EEA nationals and tend to max out application processing times.)