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The OP has been a family member since the de-facto relationship started.handoubleu wrote: ↑Mon Sep 27, 2021 11:43 amI am not sure how they get in under EUTR1A if they were residing in the State on separate permissions prior to 31 December 2020 i.e. OP was in the State on a Stamp 2 and not dependent on their partner (de facto/spouse) prior to 31 December 2020 so therefore was not a "family member" prior to 31 December 2020?
40k is for family members of Irish citizens only (and presumably for UK citizens who are not exercising EU Treaty rights - not sure about that though). EU Treaty Rights do not have this requirement.CatBrom wrote: ↑Mon Sep 27, 2021 11:43 amAre you sure that the 40k doesn’t apply? It sounds like it applies for EEA sponsors, surely that applies to UK citizens living here under treaty rights. Does he just need to have a job? If say we got married in a month in Denmark (just as a hypothetical) would we still need to complete the EUTR1A or is it another process? I’m worried now that we’ll get rejected for waiting while we find work.
A bit of explanation is always helpful. I would probably just say that you were not aware that durable partnership (i.e. de-facto relationship) counts. It shouldn't really matter either way. Providing A LOT OF cohabitation evidence and communication history is much more important.CatBrom wrote: ↑Mon Sep 27, 2021 12:10 pmWe will have to wait until my partner gets work, as I said he just finished his PhD and is looking for a job, and is also renewing his passport so he doesn't have his ID right now anyway. Also, he needs health insurance as he never needed it before Brexit. Will it be enough of an explanation as to why we did not complete the form until now was due to looking for work? I'm very confused and worried.
Studying PhD counts as a valid way of exercising EU Treaty Rights, so he does not need any employment details for this period.
This is great news for OP if they do not need to have a de facto stamp prior to applying for the EUTR1A. I have questions then for other reference then:littlerr wrote: ↑Mon Sep 27, 2021 12:18 pmThe OP has been a family member since the de-facto relationship started.handoubleu wrote: ↑Mon Sep 27, 2021 11:43 amI am not sure how they get in under EUTR1A if they were residing in the State on separate permissions prior to 31 December 2020 i.e. OP was in the State on a Stamp 2 and not dependent on their partner (de facto/spouse) prior to 31 December 2020 so therefore was not a "family member" prior to 31 December 2020?
You are confusing the definition of family members with stamps. A qualifying (EUTR1) or permitted (EUTR1A) family member is with regards to the actual relationship between the applicant and the sponsor. Whether they are on Stamp 2 or not, or even if they don't have any legal permissions, does not matter.
40k is for family members of Irish citizens only (and presumably for UK citizens who are not exercising EU Treaty rights - not sure about that though). EU Treaty Rights do not have this requirement.CatBrom wrote: ↑Mon Sep 27, 2021 11:43 amAre you sure that the 40k doesn’t apply? It sounds like it applies for EEA sponsors, surely that applies to UK citizens living here under treaty rights. Does he just need to have a job? If say we got married in a month in Denmark (just as a hypothetical) would we still need to complete the EUTR1A or is it another process? I’m worried now that we’ll get rejected for waiting while we find work.
Yes he needs to prove that he has been exercising EU Treaty Rights before 31 Dec 2020, and has been continuing doing so, by proving that he has either a job or in full time study. There is no minimum salary requirement under EU Treaty rights.
Regardless of whether you get married or not, you only qualify as a de-facto partner (as the relationship will need to exist before 31 Dec 2020), so it is the EUTR1A application that you need to apply. I think the reply you got from INIS should have said the same.
1. No.handoubleu wrote: ↑Mon Sep 27, 2021 1:34 pm1. If the UK person has been exercising their EU Treaty Rights prior to the start of a de facto relationship, can a partner still get in under EUTR1A? i.e. the UK person exercised their EU Treaty Rights prior to 31 December 2020, but the de facto relationship begins after this time.
2. If not, if a UK person has exercised their EU Treaty Rights prior to 31 December 2020 and the relationship began before this date, but it did not meet the requirements under a de facto definition at the time of 31 December 2020 (e.g. two years hadn't been reached etc.) can the partner still come in under the EUTR1A once the relationship finally does meet the de facto criteria?
This is interesting. Do you have any reference/know anyone who applied without the 2 year cohabitation? I have cohabited with my partner for 1 year but he has been in the State since before 31 December 2020 as a UK national. We always planned to have me stay on Stamp 1/1G, and then apply after/on two year mark, if necessary (dependent on citizenship application).littlerr wrote: ↑Mon Sep 27, 2021 1:48 pm2. Under EU Treaty there is no definition of what a durable relationship is. The 2-year cohabitation is for de-facto applications under domestic laws, and does not apply to EU Treaty applicants. It basically means that if the relationship is presumed (and can be proved) to be long-lasting, they should be eligible, although it's wide open to interpretation by INIS.handoubleu wrote: ↑Mon Sep 27, 2021 1:34 pm1. If the UK person has been exercising their EU Treaty Rights prior to the start of a de facto relationship, can a partner still get in under EUTR1A? i.e. the UK person exercised their EU Treaty Rights prior to 31 December 2020, but the de facto relationship begins after this time.
2. If not, if a UK person has exercised their EU Treaty Rights prior to 31 December 2020 and the relationship began before this date, but it did not meet the requirements under a de facto definition at the time of 31 December 2020 (e.g. two years hadn't been reached etc.) can the partner still come in under the EUTR1A once the relationship finally does meet the de facto criteria?
This is what INIS said to me about this:handoubleu wrote: ↑Mon Sep 27, 2021 1:58 pmThis is interesting. Do you have any reference/know anyone who applied without the 2 year cohabitation? I have cohabited with my partner for 1 year but he has been in the State since before 31 December 2020 as a UK national. We always planned to have me stay on Stamp 1/1G, and then apply after/on two year mark, if necessary (dependent on citizenship application).littlerr wrote: ↑Mon Sep 27, 2021 1:48 pm2. Under EU Treaty there is no definition of what a durable relationship is. The 2-year cohabitation is for de-facto applications under domestic laws, and does not apply to EU Treaty applicants. It basically means that if the relationship is presumed (and can be proved) to be long-lasting, they should be eligible, although it's wide open to interpretation by INIS.handoubleu wrote: ↑Mon Sep 27, 2021 1:34 pm1. If the UK person has been exercising their EU Treaty Rights prior to the start of a de facto relationship, can a partner still get in under EUTR1A? i.e. the UK person exercised their EU Treaty Rights prior to 31 December 2020, but the de facto relationship begins after this time.
2. If not, if a UK person has exercised their EU Treaty Rights prior to 31 December 2020 and the relationship began before this date, but it did not meet the requirements under a de facto definition at the time of 31 December 2020 (e.g. two years hadn't been reached etc.) can the partner still come in under the EUTR1A once the relationship finally does meet the de facto criteria?
See the sticky post on this forum by Obie re EEA Regulation 5(2). I don’t personally know anyone though.handoubleu wrote: ↑Mon Sep 27, 2021 1:58 pmThis is interesting. Do you have any reference/know anyone who applied without the 2 year cohabitation? I have cohabited with my partner for 1 year but he has been in the State since before 31 December 2020 as a UK national. We always planned to have me stay on Stamp 1/1G, and then apply after/on two year mark, if necessary (dependent on citizenship application).littlerr wrote: ↑Mon Sep 27, 2021 1:48 pm2. Under EU Treaty there is no definition of what a durable relationship is. The 2-year cohabitation is for de-facto applications under domestic laws, and does not apply to EU Treaty applicants. It basically means that if the relationship is presumed (and can be proved) to be long-lasting, they should be eligible, although it's wide open to interpretation by INIS.handoubleu wrote: ↑Mon Sep 27, 2021 1:34 pm1. If the UK person has been exercising their EU Treaty Rights prior to the start of a de facto relationship, can a partner still get in under EUTR1A? i.e. the UK person exercised their EU Treaty Rights prior to 31 December 2020, but the de facto relationship begins after this time.
2. If not, if a UK person has exercised their EU Treaty Rights prior to 31 December 2020 and the relationship began before this date, but it did not meet the requirements under a de facto definition at the time of 31 December 2020 (e.g. two years hadn't been reached etc.) can the partner still come in under the EUTR1A once the relationship finally does meet the de facto criteria?
