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Same sex civil Partnerships with a person from overseas
Posted: Tue Nov 20, 2018 8:48 pm
by Secret9999
Hello! This is my first post in the forum... I have a question which I hope someone may be able to answer and maybe guide me to legal advice if necessary.
I am a EU27 national but I live and work in the UK for 1 year. I have a relationship with a same sex person who is Brazilian. In my country same sex marriage is not legal. Is there a way for me to ensure that my partner can get a permit to live in the UK with me? Can we get civil Partnership in the UK even though I don’t have UK citizenship? Please I would appreciate any advice
Thank you in advance xx
Re: Same sex civil Partnerships with a person from overseas
Posted: Wed Nov 21, 2018 8:59 am
by NikiGio
Secret9999 wrote: ↑Tue Nov 20, 2018 8:48 pm
I am a EU27 national but I live and work in the UK for 1 year. I have a relationship with a same sex person who is Brazilian. In my country same sex marriage is not legal. Is there a way for me to ensure that my partner can get a permit to live in the UK with me?
How long have you two been in a durable relationship? Is your partner here or abroad? Do you have a Registration Certificate?
Secret9999 wrote: ↑Tue Nov 20, 2018 8:48 pm
Can we get civil Partnership in the UK even though I don’t have UK citizenship?
Initially, have a look here:
https://www.gov.uk/marriages-civil-part ... n-national
Secret9999 wrote: ↑Tue Nov 20, 2018 8:48 pm
I have a question which I hope someone may be able to answer and maybe guide me to legal advice if necessary.
You can contact UKCEN, The Good Law project, the3million and the Aire Centre - they can give you initial advice and then direct you to good immigration lawyers and pro-bono lawyers who can assist you directly.
Re: Same sex civil Partnerships with a person from overseas
Posted: Wed Nov 21, 2018 6:41 pm
by Secret9999
NikiGio wrote: ↑Wed Nov 21, 2018 8:59 am
Secret9999 wrote: ↑Tue Nov 20, 2018 8:48 pm
I am a EU27 national but I live and work in the UK for 1 year. I have a relationship with a same sex person who is Brazilian. In my country same sex marriage is not legal. Is there a way for me to ensure that my partner can get a permit to live in the UK with me?
How long have you two been in a durable relationship? Is your partner here or abroad? Do you have a Registration Certificate?
Secret9999 wrote: ↑Tue Nov 20, 2018 8:48 pm
Can we get civil Partnership in the UK even though I don’t have UK citizenship?
Initially, have a look here:
https://www.gov.uk/marriages-civil-part ... n-national
Secret9999 wrote: ↑Tue Nov 20, 2018 8:48 pm
I have a question which I hope someone may be able to answer and maybe guide me to legal advice if necessary.
You can contact UKCEN, The Good Law project, the3million and the Aire Centre - they can give you initial advice and then direct you to good immigration lawyers and pro-bono lawyers who can assist you directly.
Thank you so much for your response! I really appreciate it!
We have been in a relationship for less than a year. MyWe met in the UK as my partner was here for studies. Now the studies are over and my partner is back to Brazil.
Based on what I have read, I am technically a person settled in the UK so I can basically do anything that a UK citizen can do right? And hence get a civil partnership in the UK?
Re: Same sex civil Partnerships with a person from overseas
Posted: Thu Nov 22, 2018 12:35 pm
by NikiGio
Secret9999 wrote: ↑Wed Nov 21, 2018 6:41 pm
We have been in a relationship for less than a year. MyWe met in the UK as my partner was here for studies. Now the studies are over and my partner is back to Brazil.
Your partner can *try* to apply for a Family Permit to join you in the UK, as an extended family member. The link is:
https://www.gov.uk/family-permit
I say *try* because the fact that you've been together less than 2 years could be a problem. On the other hand - applying for a Family Permit is free, so technically you have nothing to lose other than time and money to obtain the evidence required.
If you look at this other document: (
https://assets.publishing.service.gov.u ... s-V6.0.pdf) - they normally define a lasting/durable relationship one where the partners have been together for at least 2 years and if they can provide evidence to support this. Read the document thoroughly to understand what evidence can be provided.
Also, do a search in this forum for other similar posts with the search term 'family permit unmarried partner'. I would concentrate on posts related to unmarried partners who've been together less than 2 years.
I would also ask this same question in the UKCEN forum - they have pro-bono lawyers who can give you more direct advice, as they have experience in submitting this type of application.
Secret9999 wrote: ↑Wed Nov 21, 2018 6:41 pm
Based on what I have read, I am technically a person settled in the UK so I can basically do anything that a UK citizen can do right? And hence get a civil partnership in the UK?
Given you're exercising treaty rights as a worker - you could get a civil partnership. I think the harder part will be with getting a family permit for your partner to physically join you here.
Re: Same sex civil Partnerships with a person from overseas
Posted: Fri Nov 23, 2018 6:47 pm
by Secret9999
Thank you so much! I really appreciate your responses
Great information to start searching!!
Re: Same sex civil Partnerships with a person from overseas
Posted: Fri Nov 23, 2018 7:25 pm
by NikiGio
Re: Same sex civil Partnerships with a person from overseas
Posted: Fri Nov 23, 2018 10:00 pm
by secret.simon
Secret9999 wrote: ↑Wed Nov 21, 2018 6:41 pm
Based on what I have read, I am technically a person settled in the UK so I can basically do anything that a UK citizen can do right? And hence get a civil partnership in the UK?
No, you are not "technically a person settled in the UK". Only people with Right of Abobe (British citizens and some Commonwealth citizens who acquired it before 1983) and people who have either ILR under UK law or PR under EU law are considered "settled" in the UK.
Secret9999 wrote: ↑Tue Nov 20, 2018 8:48 pm
I am a EU27 national but I live and work in the UK for 1 year.
You have not lived in the UK long enough to be settled.
You can still form a civil partnership or even get married in the UK, just clarifying that you are a long way away from getting "settled" in the UK.
A "durable partner" EFM Family Permit generally requires two years of having lived together as a couple, with joint financial commitments (joint bank accounts, mortgages, etc). It is not meant as a boyfriend/girlfriend visa.
If you are in a civil partnership, that is considered equivalent to marriage in UK law and your Brazilian partner will be treated as a direct family member, not an extended family member and will have the right to join you in the UK automatically. The
Coman judgment now extends that recognition to the whole of the rest of the EU (at least while the UK is still a member). Because Brexit may cause issues with traveling with your civil partner (not all states recognise civil partnerships and as I understand it, only civil partnerships/gay marriages of other EEA member-states needs to be recognised. If the UK is out of the EEA, such recognition may cease), you may want to look at getting a civil partnership in another EEA member-state. The French PACS is recognised as the equivalent of a civil partnership in UK law.
Re: Same sex civil Partnerships with a person from overseas
Posted: Sun Nov 25, 2018 11:37 am
by Secret9999
secret.simon wrote: ↑Fri Nov 23, 2018 10:00 pm
Secret9999 wrote: ↑Wed Nov 21, 2018 6:41 pm
Based on what I have read, I am technically a person settled in the UK so I can basically do anything that a UK citizen can do right? And hence get a civil partnership in the UK?
No, you are not "technically a person settled in the UK". Only people with Right of Abobe (British citizens and some Commonwealth citizens who acquired it before 1983) and people who have either ILR under UK law or PR under EU law are considered "settled" in the UK.
Secret9999 wrote: ↑Tue Nov 20, 2018 8:48 pm
I am a EU27 national but I live and work in the UK for 1 year.
You have not lived in the UK long enough to be settled.
You can still form a civil partnership or even get married in the UK, just clarifying that you are a long way away from getting "settled" in the UK.
A "durable partner" EFM Family Permit generally requires two years of having lived together as a couple, with joint financial commitments (joint bank accounts, mortgages, etc). It is not meant as a boyfriend/girlfriend visa.
If you are in a civil partnership, that is considered equivalent to marriage in UK law and your Brazilian partner will be treated as a direct family member, not an extended family member and will have the right to join you in the UK automatically. The
Coman judgment now extends that recognition to the whole of the rest of the EU (at least while the UK is still a member). Because Brexit may cause issues with traveling with your civil partner (not all states recognise civil partnerships and as I understand it, only civil partnerships/gay marriages of other EEA member-states needs to be recognised. If the UK is out of the EEA, such recognition may cease), you may want to look at getting a civil partnership in another EEA member-state. The French PACS is recognised as the equivalent of a civil partnership in UK law.
Thank you very much for your response. All in all, a civil partnership would be the solution to my problem... thank you!!
