Residence Permit Question

Hi,

I am a US citizen who will be entering into a civil partnership with my partner early next year. My partner holds an Italian passport and obtained a residence permit when he originally came to the UK a few years back when he was married to a non-EEA nationial.  He is now divorced and his residence permit has expired.  There was no need for him to renew it since he's an EEA national and unmarried.
This is where my memory gets cloudy:  my partner told me that he had spoken to the Home Office some time back inquiring about renewing his residence permit and they told them that instead of renewing the permit, he needs to apply for either indefinite leave to remain or permanent residency since he already had a residence permit previously. I can't remember which one they told him exactly but it was one of the two.
Can someone please help me out in finding out exactly what he needs to have before we apply for the fiance visitor visa early next year?

*Bump*

Probably nobody replied because it's not really clear what you're asking.  If he had an EU permit and it expired, then that's that.  But if he's EU, but wants to use British law, he needs to have premanent settlement documentation.   If that's what you were asking, then he would submit an SET(O) form.

Probably nobody replied because it's not really clear what you're asking.  If he had an EU permit and it expired, then that's that.  But if he's EU, but wants to use British law, he needs to have premanent settlement documentation.   If that's what you were asking, then he would submit an SET(O) form.

Thank you, I believe that is what he needs.

I've been almost 11 years with my partner, she's EU (Italian) and we intend to apply for the Unmarried Partner Visa. We've both legally living in Dublin, Ireland for more than 1 year now.

Does she need to apply for permanent residence in the UK before we start the UP application? 

We intend to go together to the UK, I thoght she didn't need to have any settlement document in the UK. 

If she were on her own she wouldn't need to do anything, but as she intends to bring you over with her she should apply for an EU family permit, with you as her dependent.

She should do this from the British Embassy in Dublin before you leave.  You need to prove the 2 years of cohabitation, and that she intends to work in the UK.

Further to your other post, as you are applying under EU law not UK law you will not need to show funds to support yourselves.


Victoria

Hi Victoria,

Thanks so much for your help. I think I forgot to mention we are a same-sex couple (don't know if it makes difference). We can prove the 2 years cohabitation, no problems. I've got all the necessary docs organized in a folder for the Unmarried Partner Visa.

I got confused about the "EU family permit". Shouldn't I have to apply for the UP Visa? Or for a different Family Visa?

We have a joint account and my wage is higher than hers, so I don't know whether it would be a problem to be her dependent.    Do we have to include her pay slips with the supporting docs ?

We both intend to work in the UK. Is there a way of proving it?

Sorry for so many questions and thanks again!

I got confused about the "EU family permit". Shouldn't I have to apply to the UP Visa? Is it another  Family Visa?

I do believe that since she's not settled in the UK she can't use UK law to apply for their UP visa...but EU laws provide for unmarried partners in their family permit so there's nothing to worry about anyway.

Thanks emarylis!

The "Guidance - Husbands, wives and partners (INF 4)" of http://www.ukvisas.gov.uk [nofollow] web site states:
Can I join my unmarried or same-sex partner in the UK?
You can apply to join your unmarried or same-sex partner in the UK, as long as:
- they currently live and are settled in the UK, or they are coming to live permanently in the UK, and
- you are aged over 18 and your sponsor is over 18.

In "Guidance - EEA & Swiss nationals (INF 18)", I've read:
Can my family join me in the UK?
... ... ... ... ... ...
An unmarried partner is not eligible for an EEA family permit. For advice on visas for unmarried partners, see our Husbands, wives and partners (INF 4) guidance. 



And does the EU law apply to same-sex partners?

And does the EU law apply to same-sex partners?

Yes.

Garry is, as per usual, totally right, and the guidance on the UK visas website is wrong.  Unmarried partners can apply for the EEA family permit.

And amarylis is also right.  As she is not settled in the UK, and is not coming to settle, she cannot use UK law. 

Victoria

And amarylis is also right.  As she is not settled in the UK, and is not coming to settle, she cannot use UK law. 

We do intend to settle in the UK.
Should we apply as UP or as Family Permit?
Which are the form and fee for Family Pemit?
Thanks!

You do INTEND to settle, but you are not going to IMMEDIATELY settle, therefore you cannot go on the UP visa under UK law, but have to go on the EEA permit.

All the details and forms are on www.ukvisas.gov.uk

Victoria

Thank you so much!
It's really disappointing, the UK Government web sites have different information... 

When applying for the EEA Family Permit (VAF1 - not-settlement form), do I have to say we're going to the UK on a long-term basis?  This form doesn't have an "Unmarried Partner" option. Should I fill the "Spouse/Civil partner's" with the name of my partner eventhough we're unmarried?And what should I say about how long I intend to stay in the UK and why I am going there?

My partner will be travelling with me. Question 3.5 says that she should complete a separate application form. Is it a separate VAF1 form?   ?

Unfortunatelly the Embassy here doesn't accept personal applications, it would be much easier.

Any information regarging how to fill out these forms would be really appreciated.
I'm really confused...

Vanessa

The contacts to the UK Embassy in Dublin is done through ABTRAN. I sent them an email asking if I could apply for EEA Family Permit and here is their response:
You would not be able to apply for an EEA Family Permit im afraid because at this moment in time it is not available to unmarried partners. There is another Visa for this purpose called an unmarried partners Visa. The Unmarried partners Visa is a Settlement Visa.

I asked them to double check it here is their reply:
Please see the following response from the British Embassy visa section :
Your partner must apply for settlement as an unmarried partner under the UK immigration rules
Please complete VAF2 - or apply on line
My partner is the EEA citizen!    But I asked them to confirm it and they said the non-EEA partner should apply for the UP Visa.

Does anybody know a solicitor that could help me? I'm in Dublin, Ireland.

Thanks!