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Directive/2004/38/EC wrote:Because the partnership is done in Australia, I do not think you will qualify for http://eumovement.wordpress.com/2008/04 ... ly-member/ On the other hand, I do not know specifically that the UK only recognizes EU settled partnerships.
How long have you been together? Have you been living together the whole time, and how much proof of that do you have?
What are you planning to do in the UK? Or more specifically, what is the UK citizen planning to do?
And finally, how many weeks until your flight?
We got the certificate of relationship just 1 week ago, not sure if they recognize italekos wrote:you're very close to the 2 year "rule", as I understand it's a guidance.
1. Do you get a certificate for your "legal registered relationship? If so, it could make things easier if you can prove you've lived in a relationship akin to marriage.
Apply for the family permit anyway, it doesn't cost anything. If refused you can take it from there as then you'll be able to know why it was refused.
I see at least one interested Guru willing to help, so cheer up!
Thanks86ti wrote:The unmarried partner category may be possible but the UKBA staff in Australia may be beany counting and say that 2 years are required. Apply as registered parnter and see what happens. The civil parntership being so new in AUS may be a problem but it is also possible that it is recognized in the UK as Australia is also Commonwealth. But that's just a guess.
From another thread: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).
Kitty wrote:ECI Chapter 5 refers to the relevant IDIs in respect of the validity of marriages/civil partnerships, and the relevant IDI is Chapter 8 Section 2 Annex H, which says:Some people may have already formed a civil partnership or had a same gender marriage abroad. In certain cases this relationship will be recognised in the UK as a civil partnership and the partners will be treated as if they had formed the civil partnership in the UK. Schedule 20 to the Civil Partnership Act 2004 sets out a list of recognised foreign civil partnerships...
...
Australia:Tasmania "Significant relationship"
...
If an overseas relationship is not included in the list above it will still be
recognised here if it meets certain conditions. Section 214 of the Civil Partnership
Act 2004 refers. Under the law of the country where the relationship was formed
the relationship must:
(i) be exclusive in nature,
(ii) be indeterminate in duration; and
(iii) result in the parties to the relationship being regarded as a couple or
treated as married.
From the very first post:Directive/2004/38/EC wrote:[...] and from which state is it?
which obviously means that the later part of your quoted text may take effect.toabetterchange wrote:[...] entered into a legal registered relationship(not marriage) in the state of NSW in Australia which is a new act 2010 [...]
Super!toabetterchange wrote:I sent it today! will let you know the results! THANK YOU! :roll:
Biometrics should not be required for EU based application. However, as I presume EEA applications are quite rare in Australia/Asia, they might not know how to deal with you / the system is not built to handle such cases so you can either argue with them and get it waived or do the biometrics.I cannot send my documents until I get my biometrics I was told,
For any question you can get away by putting "N/A. Not required for applications based on EEA regulations" try to do that (questions about your financials, accommodation, plan to work). When you need to give dates, put the dates you plan to travel (obviously you won't know the exact date as you are waiting for the FP). With regards to how many days to put (less or more than the 3 months), I'm always in favour of telling the truth and explaining it in a cover letter (signed by your EEA partner). Just say that you are aware that after 3 months, your EEA partner will need to be a qualified person in order to maintain his rights. If you show them you know the law, it gives them less incentive to refuse the application....In the pages I printed for the application before when I didnt know about the online way, in the question How long do you intend to stay in the UK I put that I havent decided but now that it must be online I dont know what to put(because you have to put the day, month and year if not you cant continue with the next questions)I know that it is better to put less than 3 months without exercising Treaty Rights, so how many days to put if we havent decided? and also we would like to continue living there but we shouldnt put in the answer that we want to live permanently as my EEA partner would need to provide information about employment, and for that it is hard to find work living outside and takes time to apply online as the flight is soon
Also another doubt is, do you intend to work in the UK? what is the best answer? yes? no? what explanation to give.
Do you think that in the letter should be mention that we intend to live for long term"exercising Treaty Rights" or just less than 3 months? if 3 months what is a good answer to give about the 3 months?
The only explanation for living permanently that i can think of is , that my EEa partner understand that if we decide to live in the UK for more than 3 months, my EEA partner must be a qualified person. Is this a good comment?
So it means my EEA partner needs to be a qualified person before I could start to work(if I find it) or I could work even in the initial right of residence for three months?
For any question you can get away by putting "N/A. Not required for applications based on EEA regulations" try to do that (questions about your financials, accommodation, plan to work). When you need to give dates, put the dates you plan to travel (obviously you won't know the exact date as you are waiting for the FP). With regards to how many days to put (less or more than the 3 months), I'm always in favour of telling the truth and explaining it in a cover letter (signed by your EEA partner). Just say that you are aware that after 3 months, your EEA partner will need to be a qualified person in order to maintain his rights. If you show them you know the law, it gives them less incentive to refuse the application....Jambo wrote:Biometrics should not be required for EU based application. However, as I presume EEA applications are quite rare in Australia/Asia, they might not know how to deal with you / the system is not built to handle such cases so you can either argue with them and get it waived or do the biometrics.I cannot send my documents until I get my biometrics I was told,
In the pages I printed for the application before when I didnt know about the online way, in the question How long do you intend to stay in the UK I put that I havent decided but now that it must be online I dont know what to put(because you have to put the day, month and year if not you cant continue with the next questions)I know that it is better to put less than 3 months without exercising Treaty Rights, so how many days to put if we havent decided? and also we would like to continue living there but we shouldnt put in the answer that we want to live permanently as my EEA partner would need to provide information about employment, and for that it is hard to find work living outside and takes time to apply online as the flight is soon
Also another doubt is, do you intend to work in the UK? what is the best answer? yes? no? what explanation to give.
Do you think that in the letter should be mention that we intend to live for long term"exercising Treaty Rights" or just less than 3 months? if 3 months what is a good answer to give about the 3 months?
The only explanation for living permanently that i can think of is , that my EEa partner understand that if we decide to live in the UK for more than 3 months, my EEA partner must be a qualified person. Is this a good comment?
No need to answer. This form is a one-fit-all application form that is mostly aimed at applications under the UK immigrations laws. The requirements for EEA regulations based applications are much much simpler. The only purpose of filling in the form is to be able to send it off to get an appointment. You don't need to worry about not answering all the questions. A decision according to EEA regulations should be made regardless of what you answered.Thank you.So are you saying that I dont have to answer questions about finances, accomodation, work, studies here in Australia? I was checking the supporting documents and theY ask for many things like letter of supporting for the person who will rent us a place, evidence of my work here, evidence of my finances, etc should I send this??
No. But I don't have a link that shows it SHOULD be required. As a matter of fact, you can show up at the UK border without a visa with your partner and a marriage certificate and they will still let you in. They don't take any biometrics at the border....Do you have any link/website which says biometrics for family members of EEA based applications shouldnt be required?
You will be refused if you lie on the form.Jambo wrote:A decision according to EEA regulations should be made regardless of what you answered.