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I'm Portuguese and my fiance's Australian. He is currently sponsored by work but we'd like to get him a defacto visa (unmarried partner visa). Does my EEA citizenship qualify me as a 'settled person' and as such, can we apply for defacto without me having to get PR?

Appreciate any help on this. Many thanks.

Where are you both living at the moment?

When are you planning to get married?

Without PR, the only situation in which you could sponsor him under the Immigration Rules would be to get a fiance visa. He would have to apply for that from outside the UK.

If you have proof of having lived togather in a "relationship akin to marriage" for 2 years then he could apply for a Family Permit (to enter the UK) or Residence Card (if he is already here) under EEA rules as an unmarried partner.

Once you are married then he can apply for EEA documentaiton as of right.

Thanks Kitty.
We both live in the UK and I qualify for PR (if needs be). We're not planning on getting married until 2013. We've lived together for about 4 years and bought a property a year ago so I think we would have adequate proof for a residence card. Would this qualify him to seek alternative employment? - as I say he is currently sponsored.

Apply for EEA Residence Card using form EEA2. The application is free and once granted will allow him to switch employer if he wishes.

The downside is that his time under immigration rules can't be counted for Permanent Residence under EEA regulations so if his aim is to get British Citizenship and he has been 4 years in the UK (I just assumed you are 4 years together in the UK) better to stay with his current visa until he qualifies for ILR.