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Same sex married couples
Posted: Tue Apr 08, 2014 10:54 am
by manci
Am I correct in assuming that the European immigration rules would apply to a same sex married couple who have been legally married abroad? One is EEA, the other non-EEA.
Does the recent legalisation of same sex marriages in the UK make a difference or, following the 2006 regulations, this has always been the case?
Re: Same gender married couples
Posted: Tue Apr 08, 2014 11:06 am
by Amber
Family wrote:Emma, a Belgian national, married Carine, a French national, in Belgium. When Emma had to move to Germany for work, Carine followed her - but they were not regarded as married by the authorities, since same-sex marriage is not recognised in Germany.
However, because registered partnerships between same-sex couples are allowed in Germany, Emma and Carine can be granted the same rights as couples with registered partnerships under German law.
See,
Schalk and Kopf v Austria.
See also,
Judgment in Case C-267/12 Frédéric Hay v Crédit agricole mutuel de Charente-Maritime et des Deux- Sèvres
And an article by
Jens M. Scherpe.
Re: Same gender married couples
Posted: Thu Apr 10, 2014 11:56 am
by manci
Thank you for the references Amber. Since they don't relate directly to the UK and the Marriage (Same Sex Couples) Act 2013 came into force last month I contacted the HO and this was they said:
I can confirm that same sex couples are treated in exactly the same way as heterosexual couples under the Immigration (European Economic Area) Regulations 2006. Before the Marriage Act was amended to allow same sex couples to marry, the Home Office treated same sex couples in a civil partnership in the same way as a married heterosexual couple.
Whether a same sex couple chooses to marry or contract a civil partnership will not affect their treatment under the 2006 Regulations
PS
In this post the word s*x was used but the software changed it to "gender" throughout - except the software didn't pick up "heterosexual" (a shortcoming?)
Re: Same gender married couples
Posted: Thu Apr 10, 2014 1:49 pm
by chaoclive
heterogender...hehe.
Thanks for the info!
We were considering 'updating' our civil partnership to a full marriage but the lovey of Northern Ireland (where I'm from) don't allow it...
Re: Same gender married couples
Posted: Thu Apr 10, 2014 2:45 pm
by Jambo
Please note that the response from the HO refers to marriage/CP conducted in the UK. The recent change in law didn't change anything with regards to marriages conducted abroad (which are normally accepted depending the country).
Re: Same gender married couples
Posted: Thu Apr 10, 2014 3:03 pm
by chaoclive
OP: Where were you guys married/partnered?
Re: Same gender married couples
Posted: Thu Apr 10, 2014 3:15 pm
by manci
Jambo wrote:Please note that the response from the HO refers to marriage/CP conducted in the UK. The recent change in law didn't change anything with regards to marriages conducted abroad (which are normally accepted depending the country).
Actually, the question put to the HO, to which I quoted the reply, was specifically about same sex marriages entered into abroad and read:
"Following the recent legalisation of same sex marriages in the UK could you please confirm that same sex married couples who married abroad come under the same treatment as heterosexual married couples as far as the 2006 Immigration (European Economic Area) regulations are concerned?"
Re: Same gender married couples
Posted: Thu Apr 10, 2014 8:44 pm
by Jambo
Nothing has changed in my answer. Changes to marriage in the UK has no affect on acceptance of marriage abroad as there were accepted before anyway.
Re: Same gender married couples
Posted: Sat Apr 12, 2014 6:07 pm
by toofan
has anyone applied for family permit / or RC MARRIED T SAME GENDER YET .
and what was the outcome ?
just curious if someone applied please share the experience .