Query regarding Croatian partner moving to UK

[spencey7]

Hello all,

Apologies in advance if this is listed in the wrong part of the forum - if someone can point me in the right direction that would be great.

I have a few questions with regards to UK immigration pertaining to Croatian nationals moving to the UK. I am a UK resident and have been in a long-distance relationship with my Croatian partner for almost three years (we met in June 2010 and became a couple in October 2010). Since then we have met several times in the UK, Croatia and across Europe, and she has stayed with me in Scotland for two longer spells in January-March 2011 and January-March 2012. We can of course provide evidence in all of these instances as proof that we are in a "durable relationship". We have no dependents.

Ultimately our respective jobs have been preventing us from moving in together long-term - she has been based in Croatia; myself in Scotland - but we are keen for that to change, and are making plans for her to live with me here in the UK. We have been in touch with immigration lawyers and will meet them for advice, and to ensure we are doing everything properly, but we would also appreciate anyone's advice with regards to UK entry as "the unmarried partner of a UK national" under Form CR1. Does anyone have experience of this process?

Some of the guidelines appear a little contradictory, for example, we note that evidence of co-habitation for two years is required (but "not an absolute rule") - however as a Croatian national my partner is only permitted to stay in the UK for three months at a time.

Any advice or recommendations would be gratefully received - thanks very much for reading.

[CR001]

From 1st July this year, Coratians can live and work freely in the UK as they are EEA nationals, so she doesn't need a visa, see the link below :

http://www.ukba.homeoffice.gov.uk/eucitizens/croatia/

[Amber]

Not quite freely as they'd be subject to a WRS.

[CR001]

Would they not be subject to a WRS?

I was about to edit my post when you commented Amber. I was trying to make the point of no 'entry clearance' visa required and posted the link for the OP to read on the other 'work' requirements.

[Amber]

I knew what you meant just they need to be sure of WRS if going for employment.

[CR001]

I knew what you meant just they need to be sure of WRS if going for employment.

At least there is a 3 month 'grace' period once arrived in UK

[spencey7]

Hi guys, thanks very much for your replies!

I've spent a few weeks reading over all the material on the UK Border Agency website pertaining to Croatia's EU entry, and it does appear that from 1st July 2013 my partner has freedom of movement to the UK, but in order to obtain the correct worker authorisation we would be best suited going down the "unmarried partner" route. If successful, this would make her "exempt from Accession State worker authorisation".

We've been in a long-distance relationship so haven't been co-habiting for the "recommended" two years, but can verify our relationship though visits, photographs, phone records, emails, letters, etc etc. I was wondering if anyone on here had any experience of the "unmarried partner" application, and could let me know their experiences? Or if there is anyone in particular you would recommend that I contact?

Many thanks again for taking the time to read and reply, it's hugely appreciated!

[CR001]

The unmarried partner visa is applicable to Non EEA members so I don't know how you would go about this if she is an EEA national.

See bullet point 6 of the Exempt list, this might be applicable to you :

http://www.ukba.homeoffice.gov.uk/eucit ... iveworkuk/

See also the paragraph further down on the link titled :

Croatian family members of British citizens and those with settlement in the UK

Also, the first and most fundamental requirement for the unmarried partner visa is the 2 year cohabitation and 'living in a relationship akin to marriage' and there is absolutely no discretion given by the UKBA on this at all and you would need to provide documentary evidence of this. If you don't have it and submit, the result is refusal.

[spencey7]

Thanks again for your reply!

The unmarried partner visa is applicable to Non EEA members so I don't know how you would go about this if she is an EEA national.

I'm a little confused by this... As best as I can tell from the Croatia documents on the UKBA website, "exemption from worker authorisation" is possible for the unmarried partners of UK nationals. I guess this may be *technically* different from a "visa", but isn't it the same result...?

Also, the first and most fundamental requirement for the unmarried partner visa is the 2 year cohabitation and 'living in a relationship akin to marriage' and there is absolutely no discretion given by the UKBA on this at all and you would need to provide documentary evidence of this. If you don't have it and submit, the result is refusal.

On page 12 of the "Guidance for Nationals of Croatia on Obtaining Permission to Work in the UK", it states:

"The evidence should normally show you have lived together for at least two years. This is not an absolute rule. If the relationship is less than two years’ old, but it is clear you are in a durable relationship, the application may be approved if all of the other requirements are met."

Given the nature of our long-distance relationship, I'm hopeful that other factors could be brought under consideration. We were keeping our fingers crossed that we'd be able to find someone on the site who has experience of going through this process. (And especially how to deal with the can-only-stay-for-three-months-but-must-have-cohabited-for-two-years quandary!)

Thanks again for reading and responding, we're very grateful!

[CR001]

Can you post the link to the guidance you are referring to, but I suspect it is not nearly as complicated as stated.

I am not familiar with the CR1 application you refer to. Perhaps a guru can therefore offer more advice for your, but my understanding is these applications can be made within the UK as she would be free to enter as an EEA member.

Perhaps Amber could comment on the process of the WRS or have a look through the EA section of the forum.

Hope all works out well for you though [/list]

[spencey7]

Can you post the link to the guidance you are referring to, but I suspect it is not nearly as complicated as stated.

I am not familiar with the CR1 application you refer to. Perhaps a guru can therefore offer more advice for your, but my understanding is these applications can be made within the UK as she would be free to enter as an EEA member.

The link to the guidance document is here:
http://www.ukba.homeoffice.gov.uk/sitec ... dancenotes

And this is the CR1 Form (through which "unmarried partners" can apply to become "exempt from worker authorisation"):
http://www.ukba.homeoffice.gov.uk/sitec ... ia/formCR1

I believe we would be able to apply from within the UK, but any experience of this process or advice to support our application would be hugely appreciated!

Thanks again everyone.

[Jambo]

Not sure what the issue is.

Croatia joined the EU so your partner can move to the UK and stay as long as she wishes. The 3 months are grace period from exercisig treaty rights but after that she can still stay in the UK as self sufficient (living off savings). The only restriction is that if she wants to work so she will need to apply for authorisation from the HO within 30 days of start of employment. She can be exempted from this requirement as a partner of British citizen but this is just an administrative process so there is no need to be worried about it (or to find ways to get her exempt from it).

[John]

spencey7, let's just summarise. Croatian nationals now have a right of entry to the UK .... no need to get any sort of visa.

But to become employed they need "work authorisation", except in certain specified circumstances, currently mainly affecting those already in the UK at the accession date.

But what about self-employment? There is no problem the Croatian national becoming self-employed. No permission necessary, just the usual requirement to inform HMRC. From the UKBA booklet :-

12. Work in a self-employed capacity will not be subject to work authorisation because the terms of the Accession Treaty do not permit the UK to restrict the exercise of rights of free movement for the purposes of establishment. Those exercising a right to reside as a self-employed person (or as a self-sufficient person) will, however, be subject to work authorisation in the event that they go on to engage in work in an employed capacity.

[spencey7]

Not sure what the issue is.

Croatia joined the EU so your partner can move to the UK and stay as long as she wishes. The 3 months are grace period from exercisig treaty rights but after that she can still stay in the UK as self sufficient (living off savings). The only restriction is that if she wants to work so she will need to apply for authorisation from the HO within 30 days of start of employment. She can be exempted from this requirement as a partner of British citizen but this is just an administrative process so there is no need to be worried about it (or to find ways to get her exempt from it).

Hi Jambo, thanks for your reply. The work authorisation thing is something we'd like to sort out as soon as possible, mainly because my partner is very eager to work (and obviously two wages are better than one when it comes to setting up our life together!). According to page 11 of this document (a guide to "EMPLOYING A CROATIAN NATIONAL IN THE UK" http://www.ukba.homeoffice.gov.uk/sitec ... /employing):

"Under the 2013 Regulations you have a duty to prevent illegal working by carrying out document checks to confirm if a Croatian national either a) has unrestricted access to the UK labour market as they are exempt from work authorisation, or b) holds a valid worker authorisation document allowing them to carry out the type of work in question.

You should check, validate and keep dated copies of original, acceptable documents before they start working for you."

Failure to do so "is an offence [which] could lead to criminal sanctions against both the employer and employee", so it wouldn't be possible for my partner to start a job then apply for the authorisation - this needs to be forthcoming before she can even be eligible. (The correct worker authorisation would be the "blue registration certificate" under the "unmarried partners" application, which if successful would grant her "free access to the UK labour market".)

But to become employed they need "work authorisation", except in certain specified circumstances, currently mainly affecting those already in the UK at the accession date.

Thanks John, however I don't think the last part is correct - these restrictions also apply to Croatian nationals coming to the UK after 1st July.

But what about self-employment? There is no problem the Croatian national becoming self-employed. No permission necessary, just the usual requirement to inform HMRC.

This is something we noticed and have considered, but we're not sure it would be the most practical option as unfortunately we don't really have any experience. Obtaining a "blue registration certificate" is our ultimate goal, but we're not sure how likely we are to be successful with an "unmarried partner" application given the long-distance nature of our relationship. We have several means of proving that we are in a "durable relationship", but fear this may all be discounted as we haven't co-habited for the recommended two years.

Is this the kind of advice immigration lawyers could help with? If so, any suggestions or contacts are also gratefully received!

Thanks so much for all your help.

[Jambo]

You are right. I thought the restrictions on Croatians were similar to A8 restrictions but they are not. Permission needs to be given before employment.

Could your partner be considered a highly skilled worker?

[John]

This is something we noticed and have considered, but we're not sure it would be the most practical option as unfortunately we don't really have any experience.

What work does she actually do? What skills does she have?

[spencey7]

Could your partner be considered a highly skilled worker?

We have looked into the tier/sponsorship route and although my partner has a degree we didn't feel it was realistic - essentially it would involve her being sponsored by an employer who would then need to commit to paying her a fairly unrealistic salary. (Much more than I'm paid - not that I'm a millionnaire!)

What work does he actually do? What skills does he have?

She is one of the main organisers of a childrens' summer camp, which incorporates a whole range of responsibilities. Her degree was in economics, and she has done book-keeping, tax returns etc, although obviously these procedures will differ between the UK and Croatia (hence one difficulty with the tier/sponsorship route). Her English is excellent.

Ultimately the "blue registration certificate" being granted as an "unmarried partner" looks like the most viable, sensible option for us - but we're not sure how our long-distance relationship will be viewed by the powers-that-be.

Does anyone have experience of this application? Of how long it takes, or the turnaround time? If an application is refused, does this reflect poorly on further applications down the line...? We're so eager to do all this properly and ensure things work out okay. Thanks again for reading.

[John]

Having never lived together I think the chance of getting an unmarried partner visa is 0%! You will just not succeed going down that route.

[spencey7]

Having never lived together I think the chance of getting an unmarried partner visa is 0%! You will just not succeed going down that route.

Thanks for your reply John. As mentioned in my original message, we have lived together for around a month in Croatia and over five months in the UK, over three trips. We have also met in Budapest, Bratislava, Hungary, Tallinn, Helsinki, Lisbon, Malta, Croatia (three times), Barcelona (twice) and London. We would also be living together in Scotland from the moment she arrives at the end of this summer.

Given that the guidance indicates that the two years cohabitation is "not an absolute rule", then we're hopeful that the nature of our relationship - where we have been seperated by work - would be taken into account. It would be truly disappointing were this not to be the case.

[manuelaux]

OMG

Croatia is part of the EU.

She is an EU citizen.

She can move here and work as self employed and that is it.

Or why dont you just get married?

I dont understand why do you complicate somethig as easy as this?

[Directive/2004/38/EC]

spencey7,

What is your citizenship?

[Directive/2004/38/EC]

You are British? She is Croatian. This should be very straight forward.

What exactly are you worried about?

[spencey7]

You are British? She is Croatian. This should be very straight forward.

What exactly are you worried about?

Unfortunately the process is not straight forward, at least according to the guidance documents on the UKBA website:
http://www.ukba.homeoffice.gov.uk/eucitizens/croatia/

For example, to qualify for the "unmarried partner" blue authorisation certificate (and thereby exemption from the requirement to work authorisation) evidence of co-habitation for two years is required* - however as a Croatian national (even after their EU accession) my partner is only permitted to stay in the UK for three months at a time. This appears contradictory. (Please see my original post for a full outline of our relationship.)

Many thanks for reading and replying, we really appreciate it!

[EUsmileWEallsmile]

Your partner can stay in the UK for as long as they wish. In order for residence to be considered legal, it would need to be in according to the regulations, EU nationals are required to be workers, self-sufficient persons, students or the family member of such a person.

Croatian nationals are not allowed to work in the UK without a work permit. Other that that they are treated as other EU nationals. They can be self-employed without work permit.

For partners of EU nationals, the two-year guide should just be that, a guide.

Note that not all EU countries have imposed work permit restrictions on EU nationals.

[Directive/2004/38/EC]

If you want to stay for longer than three months you will need either to be working, self-employed, a self sufficient person or a student. This is called exercising your Treaty rights. If you want to work as an employee in the UK, you will normally need our permission before you start work. You may need to obtain an accession worker registration certificate (called a "purple registration certificate").

Options are:
(1) your partner becomes self employed (NOREL)
(2) your partner becomes a student (NOREL)
(3) your partner becomes self sufficient (and gets private medical insurance) (NOREL)
(4) your partner gets a permission from UKBA and a job (NOREL)
(5) you prove you have a long term relationship, and then get the equivalent of a Residence Card
(6) you are married, and then get the equivalent of a Residence Card

The options which have nothing to do with your relationship are marked (NOREL)

I do not think you can claim you have a long term relationship if you have not lived together, do not have a house together, or children together. I think the application will be rejected. There are not hard and fast rules, but I do not think you will win.

So this is about your partner doing one of the options (1)-(4). And then staying in UK is easy.

I do not see that you have ever answered the question of your citizenship. You say you are "UK resident". What is your citizenship(s)?