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EEA Family Permit with civil partnership obtained in the EU

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kbz
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Greece

EEA Family Permit with civil partnership obtained in the EU

Post by kbz » Mon Jan 07, 2019 11:51 pm

Hello I'm Greek citizen, I've been together with my non-EU girlfriend for more than 2 years and now we are exploring our options to acquire an EEA Family Permit so we might be able to start living together in the UK.

My question is:
If we obtain a civil partnership (different sex) in Greece, would we be able to apply for the EEA Family Permit as civil partners in the UK or we need to get married?

Thanks in advance!

kbz
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Posts: 5
Joined: Mon Jan 07, 2019 11:42 pm
Greece

Re: EEA Family Permit with civil partnership obtained in the EU

Post by kbz » Thu Jan 10, 2019 3:07 pm

bump

secret.simon
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Re: EEA Family Permit with civil partnership obtained in the EU

Post by secret.simon » Thu Jan 10, 2019 6:05 pm

Certain same-sex civil partnerships contracted abroad are recognised as the equivalent of civil partnerships in the UK and therefore as the equivalent of marriage in the UK.

The same equivalence does not apply to opposite-sex civil partnerships and they will therefore be treated as a "durable partner" and need to meet all the requirements of such a relationship. They will have relatively fewer rights (no right to work until issued with a Residence Card, no right to retain residence in case of breakup of relationship, etc).

It would be easier from an immigration viewpoint if you were married.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

kbz
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Posts: 5
Joined: Mon Jan 07, 2019 11:42 pm
Greece

Re: EEA Family Permit with civil partnership obtained in the EU

Post by kbz » Sat Jan 12, 2019 3:59 pm

Thank you for the reply!

kbz
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Posts: 5
Joined: Mon Jan 07, 2019 11:42 pm
Greece

Re: EEA Family Permit with civil partnership obtained in the EU

Post by kbz » Wed Apr 03, 2019 3:13 pm

I would like to re-open the question in light of the new development, i.e. opposite-sex civil unions are now allowed in the UK. http://equalcivilpartnerships.org.uk/ca ... test-news/

Do you think my opposite sex partner will be eligible to apply for an EEA family permit in the UK if we register a civil partnership in Greece?

secret.simon
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Re: EEA Family Permit with civil partnership obtained in the EU

Post by secret.simon » Wed Apr 03, 2019 3:23 pm

I doubt it. The Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019 does not make foreign opposite-sex civil partnerships equivalent to British opposite-sex civil partnerships, which the original Civil Partnerhsip Act 2004 had done for same-sex couples.

Then again, the Act has not yet made civil partnerships available to opposite-sex couples. What the Act does is that it gives the Secretary of State powers to make regulations on opposite-sex civil partnerships. Such regulations should be made between 26th May 2019 (two months after the Royal Assent on the Act; Section 6(3) of the Act) and 31st December 2019 (Section 2(2) of the Act). So, be patient until the relevant regulations have been made. Once they have been made, we will be in a position to answer your question.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

kbz
Newly Registered
Posts: 5
Joined: Mon Jan 07, 2019 11:42 pm
Greece

Re: EEA Family Permit with civil partnership obtained in the EU

Post by kbz » Wed Apr 03, 2019 3:35 pm

Thanks for the clarification!

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