Entering a civil partnership abroad for UK settlement scheme?

Hello, my boyfriend (US) and I (UK) are working on living together in the UK.

We've run into all sorts of roadblocks as we don't qualify for any single visa, we have seen a solicitor and she has only confirmed that we really don't have much of a path.

Thankfully I am an EU national, so he could join my settlement scheme as my family member, but we'd like to avoid getting a visa marriage at this stage, as we're young and we'd like to take our time with that (asking for the moon in our situation, I know).
We've found a few countries who offer opposite-sex civil partnerships that also officiate them for foreigners, such as Ireland or Denmark (?), and our plan is basically to do the deed abroad (can't get a visa to do it in the UK), come back to the UK together, and have him join my EU settlement scheme.

So what we'd like to know is if anyone has taken this path before? Anyone you know, yourself, or just heard of someone doing it this way?
Our solicitor said she's never heard of this before, so I can't hope but wonder what's the catch!

May I ask how marriage and a civil partnership differ in your eyes?

Both are legal ties to one another.  Both require legal involvement to end. 

There is a reason why your solicitor hasn't heard of this before.  You would have had to have already been married or in a civil partnership on December 31, 2020 to use the EU settlement scheme.  As you are not yet married or in a civil partnership, you'd have to sponsor under a UK visa.  And unfortunately, UK visas require legal paperwork (marriage or civil partnership). 

As Kfdancer said, it's too late for that unfortunately.

https://www.gov.uk/settled-status-eu-citizens-families

May I ask how marriage and a civil partnership differ in your eyes?

Both are legal ties to one another.  Both require legal involvement to end. 

There is a reason why your solicitor hasn't heard of this before.  You would have had to have already been married or in a civil partnership on December 31, 2020 to use the EU settlement scheme.  As you are not yet married or in a civil partnership, you'd have to sponsor under a UK visa.  And unfortunately, UK visas require legal paperwork (marriage or civil partnership).

Marriage means more to us than just a legal matter, I am aware a civil partnership functions the same legally and that is why we prefer it.
All the other visas we've tried we cannot qualify for... its starting to look like there is nothing we can do besides wait 2 years. But we can't afford to visit each other more than 2 weeks a year as that's how much holiday he gets, I can't hold down a job for 6 months straight as if I could I would've done it already, just what are we supposed to do about this? This really sucks...

What about a EUSS family permit? Would that work?

What about a EUSS family permit? Would that work?

Unfortunately not.

In order to qualify for the EUSS Family Permit, you and your boyfriend must have entered into a legal civil partnership or marriage BEFORE 31 December 2020.

See:
https://www.gov.uk/family-permit/apply-joining-family-member-eu-switzerland-norway-iceland-liechtenstein

From that page:





Sent from my iPhone using Tapatalk

What about a EUSS family permit? Would that work?

Unfortunately not, the “family relationship” had to begin before December 31, 2020. Which is defined as marriage or civil partnership in a romantic relationship.

I promise you we want nothing more than to find a viable path for you.

And I understand marriage meaning more, especially if you are religious.

When the time comes and you are in a financial position to sponsor, you’ll know the path that is right for the two of you. 

Unfortunately not, the “family relationship” had to begin before December 31, 2020. Which is defined as marriage or civil partnership in a romantic relationship.

I promise you we want nothing more than to find a viable path for you.

And I understand marriage meaning more, especially if you are religious.

When the time comes and you are in a financial position to sponsor, you’ll know the path that is right for the two of you.

I'm at uni full time and I'm only second year, prior to that I could only hold down a job for 3 months for £8/h and that was on the Kickstart scheme only. What about a student visa? However that would work...

I'm at uni full time and I'm only second year, prior to that I could only hold down a job for 3 months for £8/h and that was on the Kickstart scheme only. What about a student visa? However that would work...

Yeah, a student visa for him to move to the UK could work, though he would need to be able to show he has a full year of tuition (anywhere from £11,000 to £32,000 depending on degree course) plus living costs (either around £9,000 or around £12,000 depending on whether he studies outside or inside London) available to him (either in his bank account or via a US student loan) before a student visa will be granted... so he would need access to somewhere between £20,000 and £40,000 to qualify.

Or if he can get sponsorship for a UK work visa, that's another option... but getting sponsorship can be very tricky.

If he is able to move to the UK on a student or work visa, you could then combine your incomes to meet the £18,600 financial requirement and he could switch to an FLR(M) visa later on, either after living together in the UK for 2 years (applying as Unmarried Partners), or by registering a civil partnership/getting married.

Alternatively, if he can't get a student or work visa to come to the UK, you will need to wait until you have graduated university and have been working in a job paying at least £18,600 per year for at least 6 months before you can qualify to sponsor a civil partnership/spousal visa for him.

Yeah, a student visa for him to move to the UK could work, though he would need to be able to show he has a full year of tuition (anywhere from £11,000 to £32,000 depending on degree course) plus living costs (either around £9,000 or around £12,000 depending on whether he studies outside or inside London) available to him (either in his bank account or via a US student loan) before a student visa will be granted... so he would need access to somewhere between £20,000 and £40,000 to qualify.

Or if he can get sponsorship for a UK work visa, that's another option... but getting sponsorship can be very tricky.

If he is able to move to the UK on a student or work visa, you could then combine your incomes to meet the £18,600 financial requirement and he could switch to an FLR(M) visa later on, either after living together in the UK for 2 years (applying as Unmarried Partners), or by registering a civil partnership/getting married.

Alternatively, if he can't get a student or work visa to come to the UK, you will need to wait until you have graduated university and have been working in a job paying at least £18,600 per year for at least 6 months before you can qualify to sponsor a civil partnership/spousal visa for him.

I graduate in 2025...

What about this?

"If you cannot meet the minimum income requirement:
You need to show you and your partner meet the minimum income requirement if you want to settle in 5 years as a partner.

If you do not meet the requirement, you may be able to settle in 10 years."

https://www.gov.uk/uk-family-visa/proof-income

What about this?

"If you cannot meet the minimum income requirement:
You need to show you and your partner meet the minimum income requirement if you want to settle in 5 years as a partner.

If you do not meet the requirement, you may be able to settle in 10 years."

https://www.gov.uk/uk-family-visa/proof-income

That one is an exceptional circumstances situation, if where you don't meet the financial requirement, but you do qualify to be allowed to stay in the UK under Article 8, right to family life in the UK in order to keep your family together, you may be granted a visa outside the immigration rules, where it takes 10 years to get ILR instead of 5 years (on four 2.5-year visas).

From the caseworker guidance, the 10-year path can be granted in the following circumstances (https://www.gov.uk/government/publications/family-life-as-a-partner-or-parent-private-life-and-exceptional-circumstance/family-life-as-a-partner-or-parent-and-exceptional-circumstances-accessible):

Where people cannot satisfy the requirements of the 5-year route Immigration Rules to remain in the UK, they are expected to leave, and it is natural to expect that it is reasonable for any child or children to leave with them. Only where there is something in the evidence to suggest it would be unreasonable for a child to leave, where there are insurmountable obstacles to family life with a partner outside of the UK, or exceptional circumstances, that the family who would otherwise be expected to go, will satisfy the requirements under the rules or the exceptional circumstances policies to enter or remain on a 10-year route.

What this means in practice is that usually the only way to be granted leave under the 10-year route is if you have a UK citizen child currently living in the UK, whose life will be seriously disrupted if they were forced to leave the UK to live in another country with you and your boyfriend.

If you have no UK citizen children, you would need to have serious exceptional circumstances or insurmountable obstacles in your way, which mean you and your boyfriend cannot legally live together in any other country in the world except the UK, due to things like war, famine, natural disasters, terrorism, domestic violence, or being banned from entering or qualifying for a visa for other countries etc.

Student visa is definitely the way to go.  I hadn't even thought of that, as he sounds quite established in his career.

My only warning/caveat when one comes to the UK on a student visa when that wasn't the original plan, is to ENSURE the degree is one they have a strong desire to study that particular area and that it will translate into a career that will justify any debt that may occur as a result of a student loan.

Student visa is definitely the way to go.  I hadn't even thought of that, as he sounds quite established in his career.

My only warning/caveat when one comes to the UK on a student visa when that wasn't the original plan, is to ENSURE the degree is one they have a strong desire to study that particular area and that it will translate into a career that will justify any debt that may occur as a result of a student loan.

Another idea is to give up on the idea of living together for now and have him find a sponsorship anywhere in the UK, we'd live apart for 6 months until we meet the financial requirement through him and then we can move in together once we get the spouse visa and he's free to work anywhere he wants to. That would be really hard on him to be by himself, but I don't think we have any other realistic choice at this point...

Another idea is to give up on the idea of living together for now and have him find a sponsorship anywhere in the UK, we'd live apart for 6 months until we meet the financial requirement through him and then we can move in together once we get the spouse visa and he's free to work anywhere he wants to. That would be really hard on him to be by himself, but I don't think we have any other realistic choice at this point...

That is a realistic option, provided he can find a job at a company willing to sponsor. You said his occupation is on the shortage list, which removes the barrier of the company needing to prove there's no one else to do the job. At least you'd be less long-distance in that time!