Partner of EU national able to work in France?

etoile · Post by **etoile** » Thu Mar 08, 2007 12:16 am

Hi all, just want to say that this is a great forum with lots of useful info provided

I am an Australian living with my English partner of two years here in Australia. We would like to spend some time working and living in France but I am having trouble finding out what sort of visa I would need, and whether I would be able to work there also. Would France recognise me as a de facto partner, or would we have to be married for me to get a spouse-type visa? I keep reading conflicting information...

Many thanks.

Docterror · Post by **Docterror** » Thu Mar 08, 2007 12:31 pm

What you would need is a EEA family permit issued by the French Embassy in Australia. A quick glance at their web page did not yeild any information. However to get an idea about the rights that you can have in France as a partner in a durable relationship with an EEA national (British), have a look at this link to the Australian BHC. http://bhc.britaus.net/Visas/visadefaul ... &terms=eea Afterall, any rights the French have in England, the English should have in France as well.

Dont be confused about the conflicting reports that you read about Unmarried Partners of EEA national as even the BHCs in different countries apparently are themselves not so consistent about such things. For example, an Unmarried Partner in Australia can apply for EEA family permit in the BHC (provided that the EEA national is not British), while they cannot do so and should apply for the Unmarried Partner Visa (UPV) under the immigration rules if you were to say, apply from Dubai.

So, do contact the French Embassy by yourself and see what they say.

As far as immigration is concerned, marriage would make it a lot easier for you to do what you want.

flyboy · Post by **flyboy** » Thu Mar 08, 2007 2:41 pm

If Directive 2004/38/EC has been implemented into the french national law, then you could apply for a family reunification visa as family member of an EU citizen.
Best check with french embassy or do a search in french on the internet regarding the above.

Post by **Directive/2004/38/EC** » Thu Mar 08, 2007 9:02 pm

Docterror wrote:Dont be confused about the conflicting reports that you read about Unmarried Partners of EEA national as even the BHCs in different countries apparently are themselves not so consistent about such things. For example, an Unmarried Partner in Australia can apply for EEA family permit in the BHC (provided that the EEA national is not British), while they cannot do so and should apply for the Unmarried Partner Visa (UPV) under the immigration rules if you were to say, apply from Dubai.

Note that "EEA family permit" is is what the UK government calls the visa it issues as part of implementing Directive 2004/38/EC. Since you are going to France, you will want the similar French government visa, which will have a different name.

An Unmarried Partner Visa (UPV) would never be issued to a German/Australian couple coming to the UK. If the British High Commission is doing that in Dubai, they are rather confused.

flyboy wrote:If Directive 2004/38/EC has been implemented into the french national law, then you could apply for a family reunification visa as family member of an EU citizen.

In any (older) European country which has not directly implemented Directive 2004/38/EC, the original text of the European Commission directive now has direct force of law in the national courts. Even if France has not transposed it to national law, it is still in effect there.

I have not found a direct reference to the Directive being transposed fully into French law so far.

Docterror · Post by **Docterror** » Thu Mar 08, 2007 9:47 pm

Directive/2004/38/EC wrote:Note that "EEA family permit" is is what the UK government calls the visa it issues as part of implementing Directive 2004/38/EC. Since you are going to France, you will want the similar French government visa, which will have a different name

Which is exactly what I meant when I said "What you would need is a EEA family permit issued by the French Embassy in Australia." I may be slightly guilty of not overly elaborating, or maybe of even not entirely using the right terminologies. But if I got my message across to the OP, I would still consider my post a success. Pls cut me some slack for the time being as I am pretty new at this. But correction of any obvious mistakes made by me is greatly appreciated.

Directive/2004/38/EC wrote:An Unmarried Partner Visa (UPV) would never be issued to a German/Australian couple coming to the UK. If the British High Commission is doing that in Dubai, they are rather confused.

How confused the BHC in UAE is and whether they are doing that in Dubai or not, I am not entirely sure of. But they definitely are not issuing EEA family permits to unmarried partners of EEA nationals. What do they issue in such cases? Your guess is as good as mine. Have a look at this link http://www.britishembassy.gov.uk/servle ... 4572640613 and see for yourself.

Docterror · Post by **Docterror** » Thu Mar 08, 2007 10:06 pm

Directive/2004/38/EC, I would also like to note that my assumption that the BHC in Dubai/UAE would be issuing the Unmarried Partners Visa as they dont issue EEA family permits in such cases was based on this post http://www.immigrationboards.com/viewtopic.php?t=14099 .In this case it was issued by the BHC in Argentina to an Unmarried partner of a Spanish national.

flyboy · Post by **flyboy** » Fri Mar 09, 2007 10:41 am

Before this directive came into force in the UK, unmarried partners of EU/EEA/Swiss citizens were definitely issued unmarried partner visas for the UK. They had to qualify for it the same way as the unmarried partner of a British citizen.

flyboy · Post by **flyboy** » Fri Mar 09, 2007 11:02 am

Here's the french national law 2006-911(in french) in which the directive has been implemented, chapter 1 for those of you who understands french ; however they don't mention unmarried partners or registered partners as family members, but i suppose this is open to challenge since they have to facilitate the entry of these persons as stated in the directive.

http://www.legifrance.gouv.fr/WAspad/Un ... TX0600037L

flyboy · Post by **flyboy** » Fri Mar 09, 2007 11:05 am

Just to clarify the above, that's chapter 1 of article 23

Docterror · Post by **Docterror** » Fri Mar 09, 2007 11:15 am

Hmm, so it could be possible that Elena was issued the Unmarried Partners Visa (UPV) before Directive/2004/38/EC came into force. I will let her comment on when it was issued to her and for how long it is valid for. But that doesnt still explain why the BHCs in countries like Argentina and UAE etc claims that the EEA family permit is not issued to unmarried partners.

Even though it clearly says that unmarried partners of EEA nationals are to be issued EEA family permits in the ECIs, what do BHCs that claim that they dont do so give to such couples? Could it be that they do issue EEA family permits but the sites are not yet updated, almost 1 year after they are supposed to come into effect?

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Partner of EU national able to work in France?

Partner of EU national able to work in France?