EU Citizen and Treaty rights

[Victorken]

Hi everyone,

Thanks to Terpe I discovered it might indeed be easier to obtain a visa for my partner instead of following the UKBA rules as I assumed initially, having gone through the documentation there is a question I have regarding the directive as I feel there is some room for interpretation and also not sure as how this could be attested or documented: for example what constitutes a 'de facto durable relationship' and how can that be duly attested. also what documentary evidence would suffice as evidence that we are partners?

Snippet from the directive I'm referring to:

Partners with whom an EU citizen has a de facto durable relationship, duly attested, are
covered by Article 3(2)(b). Persons who derive their rights under the Directive from being
durable partners may be required to present documentary evidence that they are partners of
an EU citizen and that the partnership is durable. Evidence may be adduced by any appropriate means.

[Victorken]

Also, the financial requirements and English test are not required, even though these would not have presented a hurdle at all. How about the BIM and 'Living in the UK' test? I can't find any reference that these will be required or not

[Terpe]

Hi again Chris,

I sincerely hope I didn't give you any false high hopes in my previous post.

What I originally posted was this:-

As you are an EU citizen living here in UK and exercising Treaty Rights the immigration route to UK for a spouse is quick, easy and basically free. No need to meet financial requirements and no need for English Language tests.

Given that you are actually asking about unmarried partner relationships, then to be honest at this stage of your relationship, it's going to raise some complications as your current status will not be considered 'durable.

Under EU rules 'durable' that means a relationship akin to marriage.

In principle UKBA will require documentary evidence that you have been living together for at least 2 years

Your partner will need to apply for and be granted a Family Permit in order to gain entry to UK. It's free and decision making is fast.

You need to submit sufficient evidence (with the VAF5 application form) to convince the ECO that the relationship is genuine, subsisiting and durable.
Defined as 'akin to marriage' and including co-habitation.
I have known successful applications with significant gaps in periods of co-habition.
But no cases of zero co-habitation or relationships less than 2 years provable.

There also needs to be some evidence of joint finances, insurances, utility bills and tenancy etc

Being the spouse (married) has no such complications.
Under law the applicant cannot be questioned about the marriage unless the ECO feels that no reasonable evidence of genuine relationship has been submitted.

Having said all that, I very strongly believe, and suggest, you should only get married for all the right and best reasons and not just to secure a Family Permit.

Additionally, Fiancee is not considered as Family Member.

Hope that clarifies.

[Victorken]

Hi Terpe,

We had already decided it was to early days to think of marriage and I would not go down that road just for the sake of making it easy to obtain residency

however, as I said in the introduction we have been in daily contact for 8 months now and we both feel that we want to take it to the next stage and live together. it's hard to have a 'durable' relation under the best of circumstances when you're half a world away let alone co-habitation akin to marriage.. it's a bit of a catch 22, we can't have a relation akin to marriage without living together but we can't get a visa to allow us to do just that

same goes for joint finances.. we've looked into some investment options in Philippines but again, without being married we can not obtain any real estate or so jointly as foreigners are not allowed to buy land/property there (well except from a condo if I understood correctly) so again this is difficult to achieve to meet the requirements.

I have considered - and looked at - some job opportunities there but in fairness I have a great job which I love here and with the wages in phils it would not be competitive compared to what I have now, an additional prohibition is that my parents are ageing and I go over to Belgium regularly now to help out where I can which would not be possible if I resided in the Philippines for 2 years to reach the co-habitation threshold...

I never thought it would be easy and straightforward but it is really starting to sound rather impossible... oh well one way or another it will happen, our relation is worth fighting for so bring it on UKBA, EU and whoever else wants to stand in the way

[Terpe]

In the short term you both should consider the possibility of a UK visit visa for her and maybe a Schengen Visa for Belgium at the same time. That way she'll have the freedom to visit Belgium with you during her UK visit. Just food for thought.

As you say Chris, the relationship is still early days but at least you know there's a free and rapid visa route for you both if ever you both agree to move it on to the next level.

As it stands right now it's just b/f & g/f and there's no country considers immigration on that basis.

Looking forward to following you story