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Unmarried partner visa and subsequent issues

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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GreenCardApplicant
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Joined: Fri Feb 22, 2008 1:20 pm

Unmarried partner visa and subsequent issues

Post by GreenCardApplicant » Fri Jun 06, 2008 4:48 pm

Hi, I've been reading these forums back to front and for the life of me can not find a post that tells me what I want to know. So hope someone here can help...
I am an South African, living in Ireland on a work permit. My Irish partner and I want to move to the UK to live and work permanently.
My questions are:

1. What are the practicalities of applying for the EUFamilyVisa, as in, do we both have to show we are looking for jobs, will it be ok if my partner will earn significantly less than me - what about proof of self-sufficiency etc...

2.Does the EUfamilyVisa allow me to work in the UK from the first day we enter? Are employers generally willing to take you on or do you have to wait for the EEA1 & EEA2's to be processed?

3. I read 'somewhere' that since my partner is Irish we can apply under UK law if we wish. Is that true (I can't find it anywhere official)? And if so, will that be a better option for us than EU route?

Basically I'm afraid that once we have the EUFamilyVisa that I won't be able to sart work due to practicalities of EEA2 and employers willingmess etc... And since I'll be the breadwinner we can't really afford to sit around for 6 months or more...

Hope I've put everything down clearly :D

Have a good weekend everyone!!!
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Wanderer
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Joined: Thu Apr 21, 2005 12:46 pm
Ireland

Post by Wanderer » Fri Jun 06, 2008 4:56 pm

First, for either route for unmarried partners you need two years provable co-habitation akin to man and wife, do you have that?
An chéad stad eile Stáisiún Uí Chonghaile....
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vinny
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Post by vinny » Fri Jun 06, 2008 10:56 pm

GreenCardApplicant wrote:1. What are the practicalities of applying for the EUFamilyVisa, as in, do we both have to show we are looking for jobs, will it be ok if my partner will earn significantly less than me - what about proof of self-sufficiency etc...
Your partner should show that s/he is a qualified person. If not married or in a civil partnership, you should show that you are in a durable relationship.
GreenCardApplicant wrote:2.Does the EUfamilyVisa allow me to work in the UK from the first day we enter? Are employers generally willing to take you on or do you have to wait for the EEA1 & EEA2's to be processed?
See also Preventing illegal working: guidance booklets for United Kingdom employers.
GreenCardApplicant wrote:3. I read 'somewhere' that since my partner is Irish we can apply under UK law if we wish. Is that true (I can't find it anywhere official)? And if so, will that be a better option for us than EU route?
See also 21.4.7 - Dual nationals / Irish / EEA nationals holding settled status and 13.14 Unmarried and same-sex partners and how they qualify.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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GreenCardApplicant
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Post by GreenCardApplicant » Mon Jun 09, 2008 11:12 am

Wanderer wrote:First, for either route for unmarried partners you need two years provable co-habitation akin to man and wife, do you have that?
Yes we have that :-)
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GreenCardApplicant
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Post by GreenCardApplicant » Tue Jun 10, 2008 5:54 pm

Firstly, THANKS for those links!!
GreenCardApplicant wrote:2.Does the EUfamilyVisa allow me to work in the UK from the first day we enter? Are employers generally willing to take you on or do you have to wait for the EEA1 & EEA2's to be processed?
See also Preventing illegal working: guidance booklets for United Kingdom employers.

OK, so correct me if I'm wrong please. From reading that link it seems to me that an employer need to check both the cert of application (COA) AND an 'Application Registration Card' with the BIA before they can offer you a job.
My understanding of the nitty gritty then is:
a COA is what you get when you apply for a EEA2 after you've received a EUFamilyPermit.
and an 'Application Registration Card' is the card you get after a sucessfull EEA2 application.
Is that correct?
If the above is correct then basically I won't be able to work until I have the EEA2 approved. This seems crazy to me so that's why I'm checking that I'm getting it right. So if I'm wrong please correct me.

Regarding the durable relationship stuff, we'll have no problem cause we've been living together for the last 27 months and we have paperwork to prove this.

I'm a little worried about the 'qualified person' issues as my partner (Irish national) was planning on only looking for a job once we get there and settle in... I'll be the main earner in the house and we didn't plan on her needing to work. Is that unrealistic?

This forum is great a very valuable resource! Thanks in advance for any help! :lol:
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GreenCardApplicant
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Post by GreenCardApplicant » Mon Jun 16, 2008 12:28 pm

Hi there,

Has anybody any insight in my assumptions yet? :D
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