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Overseas opposite-sex civil union for EEA(FM)?

Posted: Sat Dec 08, 2018 3:04 pm
by sfljiaf
Hi all,

Does anyone know if a civil union / registered partnership between opposite-sex partners formed abroad (in a jurisdiction where that is possible), would be recognised for EEA(FM) immigration purposes in the UK? Everything I have found online seems to be a bit contradictory or ambiguous, plus there looks to be extra uncertainty right now as the UK intends to open up civil unions to opposite-sex couples as well, but hasn't done so yet. Does anyoen know of any actual examples of this being accepted (or not)?

Thank you!

Re: Overseas opposite-sex civil union for EEA(FM)?

Posted: Sat Dec 08, 2018 4:39 pm
by secret.simon
The Civil Partnership Act 2004 specfically provides for certain same-sex civil unions contracted abroad to be considered the equivalent of a civil partnership in the UK, which itself is treated the equivalent of a marriage. But it is very specifically applicable to same-sex couples only.

I believe that opposite-sex civil unions contracted abroad are considered the equivalents of durable partners and therefore the non-EEA partner will be considered an extended family member, with a different burden of proof as compared to a direct family member (such as a spouse or a civil partner).

On a point of curiousity, is the civil union in questions a French PACS? It seems that France itself treats all PACS as "durable partners" only.

Re: Overseas opposite-sex civil union for EEA(FM)?

Posted: Sat Dec 08, 2018 5:30 pm
by sfljiaf
Ah, that's too bad. Would they potentially consider it as equivalent to a marriage? Could one argue that the recent supreme court ruling on opposite-sex partnerships should also imply that overseas ones ought to be recognised?
Unfortunately we almost certainly wouldn't be able to meet the requirements for durable partners. That would have been our preferred option too. Thank you for the info, in any case!

No, not a PACS. There are two options we are considering, one is some US states allow opposite-sex civil unions. The other is Austria is about to allow them from Jan 1st.

Re: Overseas opposite-sex civil union for EEA(FM)?

Posted: Sat Dec 08, 2018 5:52 pm
by secret.simon
Why not just get married?

Re: Overseas opposite-sex civil union for EEA(FM)?

Posted: Sat Dec 08, 2018 7:20 pm
by sfljiaf
I just _really_ don't like the idea of marriage. If it's the only way then there is no "hard" reason not to.