Archive » United Kingdom » "Defacto Visa"
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| EuroCitizen Member Member # 2023 | Posted February 12, 2002 06:06 AM I'm a citizen of Germany and I decided to work in the UK after having completed my studies here in the US in June. I've been together with my boyfriend for mor then two years now and he would like to join me. We pretty much got all the proof for our relationship and for living at the same address, ie. Lease Agreements, Power Bills, joint membership of health club, pictures, letters, bank statements etc. However, I still have a couple of questions left: 1.) Is it better to go to the UK embassy here in the US or for him to enter the UK as a tourist and apply there? 2.) If he applies in the US neither of us will have a job in the UK. How much money are we required to have in that case? Thanks for your help. |
| EuroCitizen Member Member # 2023 | Posted February 13, 2002 07:52 AM Anyone? |
| WorldCitizen Member Member # 1527 | Posted February 13, 2002 08:08 AM Well to start off with there is no chance that he'll get a visa or a work permit because he is the boyfriend of an EU national. You'll have to be at least married to him for that relationship to come into consideration. Obviously you don't need any sort of visa or work permit due to your German nationality. Since he is a developer he may be able to obtain a work permit if he obtains a job at a company willing to apply for a WP for him. Sorry to be the bearer of bad news. WC |
| Sanwar Member Member # 104 | Posted February 13, 2002 09:07 AM Hi There is a concession so that unmarried partners can apply for entry to the UK. However, for heterosexual relationships it is limited to situations where one or both parties are unable to marry. For example, in the Philippines you are not allowed to get divorced, and so a Philippino in this situation may be able to come under this concession. On a technical note. Those who gain entry to the UK on the basis of marriage to a British citizen are not on a work permit. They are actually in a better situation than a work permit holder and can work for any employer or indeed start their own business. If your boyfriend finds a job then the employer may be able to apply for a work permit to employ him in the UK. Sanwar [ February 13, 2002: Message edited by: Sanwar ] -------------------- Sanwar Ali (Chairman) |
| EuroCitizen Member Member # 2023 | Posted February 13, 2002 03:33 PM Sorry guys if what what I wrote wasn't clear. We are in a same sex relationship. |
| Deleted Member Member # 128 | Posted February 13, 2002 03:58 PM Hi. If you're in a same-sex relationship, your boyfriend can apply to work in the UK provided you and him have lived together for at least two years, among other requirements. For more information, check out the Home Office website at http://194.203.40.90/default.asp?pageID=1438 |
| kiwinyc Member Member # 251 | Posted February 14, 2002 11:46 AM The visa concession everybody has talked about above, refers to partners of BRITISH citizens. If you are German, it may not necessarily be that permission to live and work in the U.K. is extended to your partner. This is most important - my understanding is that it varies from country to country and does not automatically extend to partners. For example, I am married to a British citizen and have the right to live and work in the U.K. only. Even though my husband can work freely in any other EU state, this privilage does not automatically extend to me. |
| kiwinyc Member Member # 251 | Posted February 14, 2002 11:57 AM Actually if you check on the Home Office webiste, the info regarding EU (They refer to it as EEA - European Econimic Area) residents: http://www.ind.homeoffice.gov.uk/default.asp?pageID=138 As a EEA citizen, you have to apply for a residence permit in the U.K. Based on your residence permit, you can then apply for a residence for family members i.e. your partner. This is different to the visa issued to spouses of UK citizens. Good luck. |
| wizard Member Member # 1750 | Posted February 14, 2002 01:29 PM Eurocitizen, Under Community rules a national of any EU/EEA country has the right of residence in another EU/EEA country. This right extends to his or her dependents classed as the legal spouse and children who are unmarried and under 18. The right is usually confirmed by the issue of a residence visa. The right of residence means one can live in that country and work without any restrictions. Since your partner is not recognised as your spouse by the UK government the EU right of residence for him does not apply in this case. Note that recognition of marital status is a national law as opposed to an EU 'one for all' acceptance. Pressure from Human rights activists has made the UK implement a concessionary policy for couples unable to marry for a valid reason. This is limited to same sex relations (main benefactors of this policy)or a relation where one party is legally unable to get a divorce. Hence the example of the Phillipines where divorce is not recognised. You must prove the validity of your relationship over a minimum 2 year period when you apply for entry clearance which is mandatory for this policy. I beleive you have a link to the other requirements.
[ February 14, 2002: Message edited by: wizard ] |
| EuroCitizen Member Member # 2023 | Posted February 14, 2002 03:37 PM Thanks to all you guys for replying. However, I know all the official rules already. We do have all the required docyments to proof the duration of our relationship. I was just hoping for an answer to my specific questions. Thanks anyway. PS. Kiwinyc, please don't talk about something when you are not fully aware of the facts. The UK grants the "defacto visa" to same sex partners of UK citizens, as well as the partner of any resident of any EU country who is living or moving to the UK. The rule also applies to the partner of a person who has been granted a WP or settlement in the UK. If you would have replied to another couple who isn't fully informed you might have easily shattered their dreams and hopes. Thanks. |
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