Moving to France - UK & AU civil partners

[Gavin]

I hold dual nationality UK & AU, my partner only has an AU passport, we are civil partners (same sex) as recognised by the UK.
His UK visa (temporary leave to remain) expires OCT08, we can then apply for indefinite leave to remain.
I am being posted to France by my company before OCT08, I cannot find any information regarding his status when it comes to moving to France.
It is is intention to stay and work in France whilst I am there.

[JAJ]

Why not stay in Britain an extra year so your partner can get British citizenship (and then no visa problems in France).

Is this new job so important to make abandoning that worthwhile?

It will be a long time before French citizenship is available.

[Directive/2004/38/EC]

we are civil partners (same gender) as recognised by the UK

Do you have a formal partnership which was officially registered somewhere?

Notwithstanding the citizenship issue that JAJ raises, Uk citizens have the right to move to other EU member states and work. Their partners also have the same right, as long as the couple is doing it together.

If you ever decide to return to the UK, you can use EU law as the basis for your return, thus saving time and money. See http://eumovement.wordpress.com/2007/04 ... ional-law/

[JAJ]

If you ever decide to return to the UK, you can use EU law as the basis for your return, thus saving time and money. See http://eumovement.wordpress.com/2007/04 ... ional-law/

But at the risk of belabouring the point, "saving money" at the cost of an extra 2 year wait for British citizenship.

The naturalisation clock would be restarted from scratch anyway (unless they returned quickly) and coming back on EEA status would mean 5 years for citizenship, not 3.

[mym]

Do you have a formal partnership which was officially registered somewhere?

Yes they do. That's what a Civil Partnership is.

Uk citizens have the right to move to other EU member states and work. Their partners also have the same right, as long as the couple is doing it together.

Bear in mind that there have been many reports that France refuses to recognise CPs as spouses, so your partner would probably have to apply as an "extended family member"

I'd suggest you retain the UK residence until after ILR is obtained, that does not mean that you have to live there full time - but if your partner can get his ILR then you will be in a far better position.

You may find http://www.uklgig.org.uk a useful resource.

[mym]

But at the risk of belabouring the point, "saving money" at the cost of an extra 2 year wait for British citizenship.

Why? He could apply from France for UK citizenship once he has been the CP of a UK citizen for three years - applications from abroad are not only allowed, but are also made whilst "free of immigration control" - so he would not even need ILR.

[JAJ]

Bear in mind that there have been many reports that France refuses to recognise CPs as spouses, so your partner would probably have to apply as an "extended family member"

Or as an unmarried partner (2 year cohabitation), surely?

[JAJ]

Why? He could apply from France for UK citizenship once he has been the CP of a UK citizen for three years - applications from abroad are not only allowed, but are also made whilst "free of immigration control" - so he would not even need ILR.

No, this is wrong. Naturalisation requires three years residence in the United Kingdom (for spouses and civil partners of British citizens).

[mym]

Bear in mind that there have been many reports that France refuses to recognise CPs as spouses, so your partner would probably have to apply as an "extended family member"

Or as an unmarried partner (2 year cohabitation), surely?

Makes no difference. They are also 'extended family members' with NO automatic right of residence.

To quote the Guide : "Your registered partner enjoys the same right as other family members in the Member States which do not treat registered partnerships as equivalent to marriage. The same goes also for your partner with whom you have a durable duly attested relationship... The Member State is therefore obliged to undertake an extensive examination of their personal circumstances..."

[mym]

Why? He could apply from France for UK citizenship once he has been the CP of a UK citizen for three years - applications from abroad are not only allowed, but are also made whilst "free of immigration control" - so he would not even need ILR.

No, this is wrong. Naturalisation requires three years residence in the United Kingdom (for spouses and civil partners of British citizens).

Residence need not be full time.

By the way, it looks like the ppron method is dead - have you seen the new 7.3 section in http://www.ind.homeoffice.gov.uk/siteco ... ch18annexb
?

[JAJ]

No, this is wrong. Naturalisation requires three years residence in the United Kingdom (for spouses and civil partners of British citizens).

Residence need not be full time.

Need not be full time but there are limits on absences and in real world, how many people can afford to maintain two residences simultaneously?

By the way, it looks like the ppron method is dead - have you seen the new 7.3 section in http://www.ind.homeoffice.gov.uk/siteco ... ch18annexb
?

That has been the case for some months now. But even the ppron method required 3 years legal U.K. residence - it was just a way to bypass the need for ILR.

[mym]

Yes, I know.