proposed domestic partnership to Irish/Canadian dual citizen living in Edinburgh

Oh so I was looking through the visa application for EEA http://www.ukvisas.gov.uk/resources/en/docs/1903073/vaf5

and saw that is says: "Only complete this section if you are applying as a fiancé(e), spouse, unmarried partner, civil partner, or proposed civil partner"

which leads me to believe maybe you can come over as a proposed civil partner or fiancé(e)? Maybe? Although I'd of course rather get married than chance a rejected application.

afraid not- there's no proposed civil partner/fiance visa for partners of EEA citizens.  Just spouse/civil partner and unmarried partner (if you've been living together for 2 years or more and can prove it) categories.

and i *THINK* the EEA permit can't be applied for in person- ie you may be without your passport for a bit.  is that correct?

Aye. Once in the UK, the application for the Residence card can only be made by post, and it can take up to 6 months to process.  However, you are still ok to work during this time.  If there is urgent travel before getting the Residence Card, you can also request to have the passport sent back to you, and they won't withdraw the application.

afraid not- there's no proposed civil partner/fiance visa for partners of EEA citizens.  Just spouse/civil partner and unmarried partner (if you've been living together for 2 years or more and can prove it) categories.

Hah, figures. Well we can just get married in Canada.

What a lovely thread!

What a lovely thread!

I agree!  I mean, I know it's your life and all, but I'm kinda geeking out over learning all this new stuff. 

I agree!  I mean, I know it's your life and all, but I'm kinda geeking out over learning all this new stuff. 

Meg, I think you and I are two peas in a pod

Aye. Once in the UK, the application for the Residence card can only be made by post, and it can take up to 6 months to process.  However, you are still ok to work during this time.  If there is urgent travel before getting the Residence Card, you can also request to have the passport sent back to you, and they won't withdraw the application.

Okay, this is good to know. My gf travels for her job so she WILL need her passport pretty soon after applying. This might be the one reason we would choose to do it the other way. She's out of the UK like once a month for a few days at least.

Can I travel while just on the EEA family permit? How is that restricted?

And thank you so so much for all the help!

You might be able to submit a certified photocopy of your gf's passport with your EEA2 application - not sure about that though.  If your gf applied for a registration certificate (form EEA1 - it's optional) at the same time, you can send your EEA2 application along with hers to the Liverpool office instead of the Croydon office where the rest of the applications are sent - it's been known to speed up the processing time quite a bit.

I may be wrong, but your travel shouldn't be impeded while the application is being processed - I'm pretty sure the letter that they'll send back with the passport should you request it to be returned while the application is in process is good not only for proving right to work to employers but also for proving entry clearance to IOs at port of entry.  Don't quote me on that, though - yankeeangel or pkmac should know, though.  As far as once you've received the permit - you're good to travel just like anyone else!

Wouldn't it be wonderful if UK spouses could slip in on EEA rules, as the UK is itself technically a part of the EEA?
(if that makes any sense? I've been browsing the Home Office site, and it makes my head spin and my vocabulary flee...)

Regardless, it's awesome to read this thread!  I love watching things work out so beautifully for you guys!  Congratulations on your impending wedding, and lucky you for having the way smoothed so nicely! 

Is there anyway we should get married in Canada (since obviously the US is out) instead of going through the whole fiance/marriage visa route?

There's always the Commonwealth of Massachusetts...

If your gf applied for a registration certificate (form EEA1 - it's optional) at the same time, you can send your EEA2 application along with hers to the Liverpool office instead of the Croydon office where the rest of the applications are sent - it's been known to speed up the processing time quite a bit.

This was my experience, and that of another poster. Residence Card applications (for the non-EU partner) do take about 6 months to process.  However, when the EU partners application for a Registration Certificate is submitted together with the non-EU partners, it speeds up the process to about a month or so.

http://talk.uk-yankee.com/index.php?topic=37907.0
http://talk.uk-yankee.com/index.php?topic=38994.msg531424#msg531424

I may be wrong, but your travel shouldn't be impeded while the application is being processed - I'm pretty sure the letter that they'll send back with the passport should you request it to be returned while the application is in process is good not only for proving right to work to employers but also for proving entry clearance to IOs at port of entry.

In theory, it should, but it seems to be totally dependent on the IO the individual get. If a non-EU partner is travelling while the application is still being processed, they should be armed with all the relevant info.  The thing is, applying for a Residence Card is optional (though highly suggested).  The Residence Card is not really permission to remain; it's more a confirmation of the idividual's right to remain under the EU Directive, but you may get an IO that's not aware if that.

Okay, this is good to know. My gf travels for her job so she WILL need her passport pretty soon after applying. This might be the one reason we would choose to do it the other way. She's out of the UK like once a month for a few days at least.

The other thing to mention is that you do not have to send in your partner's passport with the application.  If you know she is due to travel, and you want to send in the application, you can send in the application with a cover letter stating that the passport is being used for business travel and give them a date that you will send it in to them.

afraid not- there's no proposed civil partner/fiance visa for partners of EEA citizens.  Just spouse/civil partner and unmarried partner (if you've been living together for 2 years or more and can prove it) categories.

Sorry, not true.  They will consider the fiancee of an EEA national on the same criteria as the fiancee of a UK national.

Would it help if I did an advisory for Irish nationals at some point, as this crops up a lot?

Vicky

Would it help if I did an advisory for Irish nationals at some point, as this crops up a lot?

I think it would be helpful.  Along with a brief commentary on how it came to be like that.

More so if you include a paragraph or two about the protectorates because nothing covers that anywhere.


And to the OP, the ability of an EU resident to sponsor a fiance was a concession until 2004, when it was codified.

Wow, this thread is really interesting!  I'm glad it seems the OP will have lots of options (including the free one!).  Vicky I think you should definitely put something together on this topic in case it can help out someone else.

I think it would be helpful.  Along with a brief commentary on how it came to be like that.

More so if you include a paragraph or two about the protectorates because nothing covers that anywhere.

Protectorates not something I am really up on, I'm afraid.  But Ireland I can and will do.

Vicky