Yms & Eu Citizenship
Posted 13 October 2009 - 11:44 PM
This is a bit of a complicated one so please bear with me.
1) My partner and I are intending to move to the UK next year
2) We are Australian and eligible for the YMS scheme
3) My partner is in the process of applying (and is eligible for) an EU citizenship
4) The Italian embassy have suggested that this could take up to 12 months
5) I do not want to wait that long
My question is, if we both take up YMS visas and during this time my partner receives his EU citizenship can he transfer on to this visa? Does he have to wait until the YMS visa finishes? As his unmarried partner of more than two years am I eligble to be an unmarried partner even if he has not been an EU citizen for the whole two year period?
Posted 14 October 2009 - 08:39 AM
To be precise, EU citizens do not need a visa.
They are eligible for a registration certificate if they exercise a treaty right (work, self employed, seeking work, studying, self sufficient) but the registration certificate is not compulsory.
As soon as he acquires Italian citizenship, he can live in the UK under the European rules, regardless of what national visa he may have. EU citizens do not need any form of permission or entry document. If he wants a registration certificate, he may apply for it in the UK once he's started exercising a treaty right.
You would need to prove two years of cohabitation as per the requirements here which relate to such proof: http://www.ukba.home...amesexpartners/
You could then get a residence card if your partner is exercising a treaty right. It does not depend on how long he has had Italian citizenship or how long you and he have been in the UK or with what status, but does require that he have a valid Italian passport or ID card when you apply and that he is exercising a treaty right.
See also: http://www.ukba.home...dereuropeanlaw/
Posted 09 October 2012 - 07:12 AM
Posted 09 October 2012 - 07:53 AM
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