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Civil Partnership-Financial Requirement And General Questions

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#1 Freshia81

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Posted 07 October 2012 - 12:29 PM

Hello

I am Australian and my partner is British, we have been together for over a year and we want to become civil partners and reside in the UK, where we met after. My Tier 5 Visa expired in June and I left the UK in August, coming back on a tourist visa. However, looking at the new rules, it seems almost impossible-she was just made redundant and did not earn 18600 pounds at this job and there is uncertainty as to whether her new job will fulfil this requirement.

In order to have sufficient savings, 16000 + difference, I was planning to ask a family member to loan the funds for me and put it into a savings account for up to a year and I would return it later. I see on the form they ask about third parties but would I have to declare it-would it be suffice to say it was a gift from an older retired relative? Otherwise it would be impossible to gain the funds without being more than a year apart, and visiting each other would not work for both of us to save money during this time. Is this an option that could fulfil it?

The other option I have seen is to move to a EU country together for a few months and undergo Civil Partnership there, and then move to the UK- is that correct?

Also in terms of evidence, we have 250 pages of facebook messages, we both changed numbers a few times during our relationship but I have bbm messages for nearly the entirety of our relationship-almost on a daily basis and some text messages including whilst she was away for 2 months, 20 photos, skype screenshots and history. We also lived with each other for 5 months but I threw out all my mail apart from some p46s with our address on it, however messages reference her coming home/cooking dinner etc and we both transfered rent on the same day to the house account and paid bills. We werent on the tenancy agreement but the real estate knew we were living there, so we could get them to write a letter saying we lived there.

I am returning to the UK to spend Christmas with her so was planning to seek legal advice and organise paperwork eg bills with address on them, but wanted to loan the money soon if it could be used

Also am slightly confused about the visa, would there be 6 months at the start where I couldnt work, where we register our CP before I can them apply for ILR for 2.5 years, as it seems the visa includes both when I apply from Australia?

Many thanks



#2 Victoria

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Posted 07 October 2012 - 12:32 PM

Money given by friends and family would be okay if held in your account for 6 months (or your partner's). Otherwise the EU route means you can live together in another EU country for 6 months before coming over.



#3 Freshia81

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Posted 07 October 2012 - 12:48 PM

Money given by friends and family would be okay if held in your account for 6 months (or your partner's). Otherwise the EU route means you can live together in another EU country for 6 months before coming over.


Thank you Victoria :-)

Is 6 months the minimum time we would have to live in another EU country? And would the evidence above be relevant for the application for visa under this route?

Many thanks again

#4 Mutly

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Posted 07 October 2012 - 12:55 PM

The other option I have seen is to move to a EU country together for a few months and undergo Civil Partnership there, and then move to the UK- is that correct?


You would need to choose an EU country which recognises civil partnerships. These are generally the central and northern European countries.

If you enter a civil partnership and your partner exercises treaty rights there, you have a right to join her if that country reconises civil partnerships. (You need to check firstly that they do, secondly that either they recognise one entered into in the UK, or the UK recognises one entered into in the other EEA state. They normally are recognised where the other country also has a form of civil partnership, but it's worth checking before arranging any move.)

If entering the civil partnership in another EEA country, you need to check whether you need a visa to enter for that purpose with the intent to remain, that varies.

If travelling to the UK to enter a civil partnership before residing elsewhere you don't need a visa but do need solid evidence that you will depart afterwards, otherwise you could apply for a marriage visit visa.

You would need to live together as civil partners in the other EEA state whilst your partner exercises treaty rights there. There is no minimum period but up to six months may be necessary. Then you could move to the UK under the European rules which do not require a particular income or savings.

Also am slightly confused about the visa, would there be 6 months at the start where I couldnt work, where we register our CP before I can them apply for ILR for 2.5 years, as it seems the visa includes both when I apply from Australia?


If you apply for a fiance visa, for which the fianancial rules are the same as for a civil partner visa, you would be required to travel, enter the civil partnership and apply to switch status within six months. You can't work until the switch is complete. If you enter a recognised civil partnership outside the UK, then you can work straight away with a civil partner visa.

I was planning to ask a family member to loan the funds for me and put it into a savings account for up to a year and I would return it later.


The civil partner visa is valid for 2.5 years, then you need to apply for an extension and the financial requirments are the same for the extension. After another 2.5 years they are the same for ILR except that all savings over 16,000 count without multiplying by 2.5. Also if you're working in the UK, your income counts for the extension and ILR too.

#5 Freshia81

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Posted 11 November 2012 - 09:56 AM

The other option I have seen is to move to a EU country together for a few months and undergo Civil Partnership there, and then move to the UK- is that correct?


You would need to choose an EU country which recognises civil partnerships. These are generally the central and northern European countries.

If you enter a civil partnership and your partner exercises treaty rights there, you have a right to join her if that country reconises civil partnerships. (You need to check firstly that they do, secondly that either they recognise one entered into in the UK, or the UK recognises one entered into in the other EEA state. They normally are recognised where the other country also has a form of civil partnership, but it's worth checking before arranging any move.)

If entering the civil partnership in another EEA country, you need to check whether you need a visa to enter for that purpose with the intent to remain, that varies.

If travelling to the UK to enter a civil partnership before residing elsewhere you don't need a visa but do need solid evidence that you will depart afterwards, otherwise you could apply for a marriage visit visa.

You would need to live together as civil partners in the other EEA state whilst your partner exercises treaty rights there. There is no minimum period but up to six months may be necessary. Then you could move to the UK under the European rules which do not require a particular income or savings.



Thanks for that :-)

Do you know if Germany/France require a visa to undergo CP?

I know I can get a one year working holiday Schengen Visa for both these countries being Australian, so could we become civil partners under and whilst I was on this or would I need to apply for another one? We couldnt become civil partners if was on a tourist visa I believe.

Also when it's up to 6 months residing in another EU country as civil partners, what do they take in consideration if say , you live there for 2 months and go to the UK together, evidence etc? Is a longer time lived in another EU country better looked upon?

#6 ste

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Posted 12 November 2012 - 03:20 PM


The other option I have seen is to move to a EU country together for a few months and undergo Civil Partnership there, and then move to the UK- is that correct?


You would need to choose an EU country which recognises civil partnerships. These are generally the central and northern European countries.

If you enter a civil partnership and your partner exercises treaty rights there, you have a right to join her if that country reconises civil partnerships. (You need to check firstly that they do, secondly that either they recognise one entered into in the UK, or the UK recognises one entered into in the other EEA state. They normally are recognised where the other country also has a form of civil partnership, but it's worth checking before arranging any move.)

If entering the civil partnership in another EEA country, you need to check whether you need a visa to enter for that purpose with the intent to remain, that varies.

If travelling to the UK to enter a civil partnership before residing elsewhere you don't need a visa but do need solid evidence that you will depart afterwards, otherwise you could apply for a marriage visit visa.

You would need to live together as civil partners in the other EEA state whilst your partner exercises treaty rights there. There is no minimum period but up to six months may be necessary. Then you could move to the UK under the European rules which do not require a particular income or savings.



Thanks for that :-)

Do you know if Germany/France require a visa to undergo CP?

I know I can get a one year working holiday Schengen Visa for both these countries being Australian, so could we become civil partners under and whilst I was on this or would I need to apply for another one? We couldnt become civil partners if was on a tourist visa I believe.

Also when it's up to 6 months residing in another EU country as civil partners, what do they take in consideration if say , you live there for 2 months and go to the UK together, evidence etc? Is a longer time lived in another EU country better looked upon?



By Civil Partnership you mean same-sex couple (apologies if u said - finishing off my Belgian beer while between contracts - hic!). Some times it's assumed Civil Partnership is for unmarried opposite-sex partners too. The terms are a bit obtuse!

#7 Victoria

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Posted 13 November 2012 - 03:17 PM

"By Civil Partnership you mean same-sex couple (apologies if u said - finishing off my Belgian beer while between contracts - hic!)."

Yes. Btw, is that Zot? Tripel Karmaleit? Delerium? I love Belgian beer!

I am uncomfortable making applications under Surinder Singh unless there is 6 months in the EU country.

#8 Freshia81

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Posted 01 December 2012 - 12:41 PM

Yes we are a same sex couple :-)

Where could I find more info on Surinder Singh and visas required for an Australian intending to undergo CP in France or Germany?

And any further general advice would be greatly appreciated

Many Thanks

#9 Victoria

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Posted 01 December 2012 - 12:44 PM

Under the EEA regulations on the UkBA website.

Or if you'd like professional advice, please feel free to contact me.




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