UK Vivil Partnership Question

[mbaker]

My partner(UK National) and I (NZ Citizen) registered our civil partnership
in Sydney, Australia where we were both living at the time on the 30th of March 2007. I was granted an entry clearance visa and the right to live and work in the UK for 2 yrs. I will need to apply for an indefinite right to live and work here at the end of this 2 year period. We have been living in the UK as civil partners since the 26th July 2007. My partner has been offered a job in Spain which as an EU citizen poses no problems for him to take up but is it possible for me to live and work with him there?

Any assistance will be appreciated. Thank you.

[Wanderer]

My partner(UK National) and I (NZ Citizen) registered our civil partnership
in Sydney, Australia where we were both living at the time on the 30th of March 2007. I was granted an entry clearance visa and the right to live and work in the UK for 2 yrs. I will need to apply for an indefinite right to live and work here at the end of this 2 year period. We have been living in the UK as civil partners since the 26th July 2007. My partner has been offered a job in Spain which as an EU citizen poses no problems for him to take up but is it possible for me to live and work with him there?

Any assistance will be appreciated. Thank you.

U can as his family member but u will lose ur ILR time.

U can then return to UK with him if needed under Surinder Singh principle - eventually u will get PR (EEA ILR in effect) in five years instead of two. Good news is this route is all free.

Not sure how the Spaniards view same sex-partners tho, if it's anything like how they view schengen visa applicants ur in for some fun!

[sakura]

mbaker,

There is something called the European Directive 2004/38/EC, which governs the free right of movement for EU nationals and their non-EU national family members. I do not know what it is called in Spain, but in the UK it is called an EEA Family Permit/Residence Card. You would need to make an application under this directive to join your partner.

As Spain recognises gay marriages, it shouldn't be a problem (I only mention this as I wonder what certain religious EU countries, or EU countries which don't accept same-sex unions, would do, such as Poland?).

Once you submit this application and receive the residence card, you can work freely in Spain. It isn't actually a legal requirement for you to obtain a residence card, but it is better and easier for things like employment.

I don't have any links to this, as I cannot see anything on the Spanish embassy website. I haven't seen any mention of the eea route on their website...

As for your situation in the UK...if you leave the UK before being granted ILR, your clock for ILR relapses back to zero. If you leave after obtaining ILR, you might be able to return as a "returning resident" and not lose your ILR (but things might change in the future). You can also return on a spouse visa or the EEA route (mentioned by wanderer, called the "surinder singh" ruling), if you do lose your ILR status.

As for naturalisation as a British citizen, you would need to reside in the UK for another three years (if still with your partner) before being eligible.