French PACS recogised by UK authorities now in 2020?

Hi Symphony,

No ID numbers nor tax numbers are shown on the PACS document so I would assume it's ok.

One thing I am not sure though is if the document needs to be translated. I think it is mandatory for docs not in english. lichzz - have you provided a certified translated copy or the original doc?

Thanks,

Ben1Ben wrote: ↑

Mon Aug 03, 2020 4:11 pm

Hi Symphony,

No ID numbers nor tax numbers are shown on the PACS document so I would assume it's ok.

One thing I am not sure though is if the document needs to be translated. I think it is mandatory for docs not in english. lichzz - have you provided a certified translated copy or the original doc?

Thanks,

Thank you Ben1Ben. We are planning to get apostille for certificate and translate it to English. Do you think it is necessary to provide civil partnership agreement with the certificate?

Hi all,

Amazing news from my side, the Administrative Review of the EU Settlement Scheme Decision has worked and therefore my Australian partner has now successfully been granted pre-settled status based on our PACS.

Based on my experience and all my research; below are my advices if you want your non-EU partner to stay in the UK based on a PACS.

APPLY :
- Apply to the EU Settlement scheme directly. You do not need a solicitor in most cases I think as the form is simple
- Do not apply to EEA Residence Card anymore, it's too late. The Residence Card path seems to have worked really well for Lichzz but now this is too late to do it as Residence Cards won't be recognised beyond the end of December 2020, so by the time you get it, you may not be able to use it to apply for EUSS.
- If you need a fast answer, you may consider an FM Visa. EUSS is very slow for most non EU Partners. On the other hand, because of "covid" , current wait for biometrics appointments are long and the visa priority service is suspended, so this may not be ideal right now

- Use the "Récépissé d'enregistrement de la déclaration conjointe des partenaires du PACS" when you apply. There is no need to include other documents. This is the only document that my partner included, both in my initial application and administrative review. We didn't include any translation/certified translation, but I think this might help if you do. If I had to do it again, I would probably add a note below the Récépissé to say that it's the official proof of a french civil partnership, which is recognised in the uk.

AFTER APPLYING :
- You will receive a COA, but the EUSS COA (unlike with some Visa and EEA Residence Card applications) does NOT give Right To Work in itself

- Be prepared to wait 5+ months to get an answer from the EUSS, during which you will not be able to leave the country (as leaving the UK would automatically withdraw your application), and perhaps not be able to work if your previous Visa has expired/ doesn’t carry over. If speed is really important to you and you have 3K to spare, then I'd recommend applying for a FM Visa with Priority Service if you can. This has a few cons compared to EU Settlement Scheme but nothing major and at least you'd get the quick answer you need, allowing that you don’t need new biometrics taken.

IF YOU DON'T GET AN ANSWER :
- After 4 or 5 months of waiting without an answer, it is advised to call the EUSS Resolution Centre and raise a formal complaint with a supervisor + contact your local MP. These 2 solutions have been known on this forum to speed up many EUSS Decisions of non-EU Family Members. In our case, the day the MP contacted the department, my partner received her outcome (in her case, a negative decision incorrectly based on being processed as a durable partner)

- Be aware that local and overseas civil partnerships should be treated separately to durable partnerships, there seems to be confusion about this at the EUSS Resolution Centre, as well as with case-workers but I can confirm this is true as our result was changed on this basis. A Civil Partner does not need to prove Durable (ie: 2+ years shared abode) Relationship.

IF YOU GET A NEGATIVE ANSWER :
- If you get a Negative Decision/Refusal and you think there has been a mistake from the caseworker (which was my case and potentially Lichzz case as well), then do follow the process for an Administrative Review.
Administrative Reviews have 2 major benefits as they allow you to (a) write a (digital) letter to the administrative review department explaining your argument in detail, and (b) they have to provide an answer within 28 days.
In your letter, be clear on what the PACS is and how it is currently recognised in the UK. Refer to the gov.uk pages stating that PACS is recognised in the UK as a Civil partnership for mixed AND same sex couples(gov.uk/marriage-abroad/y/france/opposite_sex) .
Also, don't hesitate to make references to the EUSS Caseworker Guidance on the gov.uk website as appropriate, read this carefully as it can significantly aid in making your case (gov.uk/government/publications/eu-settlement-scheme-caseworker-guidance) .
If you don't get an answer within 28 days (which was not our case, we had an answer after 26 days), feel free to message your local MP as they can then contact the EUSS and complain on your behalf.

In short, our experience confirms that PACS is now properly recognised in the UK for same AND opposite sex partnerships, and allows the Non-EU Partner of a Settled French Citizen in the UK to get Pre-Setlled/Settled Status.

I hope this helps.
I wish you best of luck to all of you.
This forum has been super useful. I'll try to help further if I can.

Many thanks

lichzz wrote: ↑

Sat Aug 01, 2020 10:55 pm

Ben1Ben wrote: ↑

Sat Aug 01, 2020 5:20 pm

lichzz wrote: ↑

Thu Jul 09, 2020 1:41 am

Hi I’m back...I’m sorry that this happens to you too.
But clearly we should not think home office Will reflect the law to EU Settlement so soon:( And in my refusal letter it states the same as you. Saying we apply as durable partner.

After I got my refusal in March, I was in a crisis to prove my right to work too.
So hear me out, because everything was sort out now.

I decide to consult lawyers and talks to a few. They all state doing administrative review is not a good choice since they use the same guideline and it will cost you some money and time with the same result.
We decided to apply for EU residence card with my EU partner applying registeration certificate(this way it’s faster). And you can do it online without sending passport.
We send our application end of March (2 week after I got refused )and 3 week later I got a long COA (you can get it faster but mine was due to The begin of lockdown)which proof my right of work. So no panic with work anymore.

And in the end of June I got my Residence card as a family member of an EU citizen. And this card expired June 2021. So I have follow the instruction of my lawyer to use this residence card to apply EU settlement and my lawyer also said it will be very straight forward since Home office already have all my documents from my Residence card application.
I hope this helps... it can be nice to have a short consult with a lawyer to sort out your choices. I def think you still have time to apply for residence card and then apply EU settlement scheme. I know the system is stupid....but it is like that:(

Let me know if you have any questions.

Good luck!

Hey lichzz, thank you for this message, it is very encouraging. Could you kindly share with me the contact of the lawyer you used please? I am interested.
Also, does it mean that with the EU residence card you won't need to provide any further information to prove your relationship with your civil partner?

Thanks a lot

Hi Ben,

We use xxxxxxx in London. I'm not sure if sharing this info is ok on this board?
We did provide information about our relationship since our lawyer said we can procide just in case.
But at the end seems like they consider us as family member rather than extend family member.
And my case pass through very fast consider it was during lockdown and others are having delay over 6 months.

Hi Lichzz,

As we are still waiting to hear back from the settlement scheme, we just applied to the Residence Card with myself applying for certificate of permanent residence. We had confirmation that it won't cancel the EU settlement scheme application.
Did you have to have your biometrics taken? You only uploade all your docs online on UKVCAS or you also had to send your passport or any other docs?
For us, it looks like they want my partner's biometrics to be taken. Probably because her current BRP has expired in January and not sure they can use the biometrics that were taken during the EU Settlement scheme's application.

Thanks a lot for your help!
Ben