Joining my Partner After the 31st of December

[grome45]

Hi everybody!

I hope I'm posting this in the right place.

I'll do a little pre-face with my situation:

Me and my partner (of 5 years) are moving to London soon. We're both from Argentina, but she has EU Citizenship while I have US citizenship. She'll be moving at the end of November to apply to the Settlement Scheme before the 31st, and I'll be joining her soon after (between January and February probably). I have a couple of questions just to sort out some of my heavier doubts.

1) If we were to have the civil union (we are in process of getting it, as we don't have joint bank or bills to prove our long term relationship, other than pictures and messages) here in Argentina, could I start applying for the pre-settlement FROM HERE? Or would I need to be there to apply?

2) If the getting the civil union here in Argentina doesn't work out (we are having immense troubles due to Covid and getting an appointment) and decide on getting the civil union in the UK, would getting it and soon after applying for the pre-settlement raise a red flag as a Sham Marriage or union? And if it were, with our many many years of pictures, messages and social media presence as a couple be enough to sway that suspicion?

3) Once I apply for the pre-settlement, I'm seeing that it takes around 2 months for the whole process to be completed. In that time, I would not be allowed to work there, right? But what if I were to work as a freelancer (I'm a graphic designer).

Sorry for the many questions! I hope you can help me out!

Have a great day!

[kamoe]

1) If we were to have the civil union (we are in process of getting it, as we don't have joint bank or bills to prove our long term relationship, other than pictures and messages) here in Argentina, could I start applying for the pre-settlement FROM HERE? Or would I need to be there to apply?

After getting a civil union you would be able to apply for a 6-month Settlement Scheme Family Permit, to enter the UK. Once in the UK, you would be able to apply for Pre-Settlement.

The civil union needs to have been contracted before December 31st 2020, for you to qualify for the Settlement Scheme.

2) If the getting the civil union here in Argentina doesn't work out (we are having immense troubles due to Covid and getting an appointment) and decide on getting the civil union in the UK,

This won't work, at least not under the EU Settlement Scheme.

You cannot apply to the EU Settlement Scheme without first being married or in a civil partnership, unless you have had a EEA-issued residence document as unmarried partner, which does not seem to be your case.

would getting it and soon after applying for the pre-settlement raise a red flag as a Sham Marriage or union? And if it were, with our many many years of pictures, messages and social media presence as a couple be enough to sway that suspicion?

Again, you will not be able to apply for Pre-Settlement before your union.

But to answer your question, every case is different, and individual circumstances will be considered. If you can prove that you have been a couple for as long as you claim, then chances are you will have no issue. Pictures, and letters help, but best is to gather all official documentation of common life (joint rent, joint travel) and any financial shared responsibilities (this is not necessary if you are married, or in civil union, but very strong proof of genuine relationship. The Home Office likes to see couples sharing money, a joint bank account is gold in these circumstances).

3) Once I apply for the pre-settlement, I'm seeing that it takes around 2 months for the whole process to be completed. In that time, I would not be allowed to work there, right? But what if I were to work as a freelancer (I'm a graphic designer).

Not an expert so please take this with a pinch of salt:

The issue is not wether you work as a freelance or as a permanent employee, the issue is where the company or person paying you is based, and where they -and you- pay taxes. You won't be able to work for a UK-based company, freelance or not, and you wont' be able to contribute to national insurance or pension in the UK. I am not sure how remote work is considered, specially in these covid times, but I suppose it would be still legal for you to freelance for an Argentinian or US company, paying your taxes in those countries accordingly.

If anyone else can offer more specific insights, or clarify or correct my understanding, please share your views.

[grome45]

Wow! Thanks for the detailed reply @kamoe!

If you don't mind, I wanted to follow-up on some points.

This won't work, at least not under the EU Settlement Scheme.

You cannot apply to the EU Settlement Scheme without first being married or in a civil partnership, unless you have had a EEA-issued residence document as unmarried partner, which does not seem to be your case.

I understand that I can't apply for the EUSS without being a couple by law (married or civil union), but my question is whether I could travel to the UK, get the Civil Union there, and once we have that legal document binding us, apply for the EUSS? Do you happen to know if that is possible?

Pictures, and letters help, but best is to gather all official documentation of common life (joint rent, joint travel) and any financial shared responsibilities (this is not necessary if you are married, or in civil union, but very strong proof of genuine relationship. The Home Office likes to see couples sharing money, a joint bank account is gold in these circumstances).

So, we have been together for five years, and living together for two of those years, BUT we don't have any JOINT account or bills on both our names. Since I lived in this apartment before she moved in, all the bills are to my name, and she would pay me monthly half of that. What we have SO FAR without the Civil Union is:
- Travel tickets on the same date to NYC (in 2017), and subsequent pictures we took there.
- Travel bookings to the South of Argentina for a trip we did in 2019 (I think we have the AirBnB booking but I don't know how well that stands).
- A crazy amount of pictures of us together since early 2016.

I'm guessing with the Civil Union should be enough, but would any of that work as proof of long-term relationship?

Again, thanks so much for all the information! It's been really helpful!

[kamoe]

my question is whether I could travel to the UK, get the Civil Union there, and once we have that legal document binding us, apply for the EUSS? Do you happen to know if that is possible?

I do not see this working.

Getting married/contracting civil union as a foreigner in the UK is far from a straightforward or immediate process.

If you are not a UK or EU national, the Home Office needs to authorise the ceremony before it takes place. You need to first book a ceremony date, for which there is already a queue due to covid (at least where I live, it is unlikely new appointments are given this year), and then book a notice appointment that allows for at least 72 days before the ceremony for the Home Office to intervene, if needed. Again, this very likely means that even if you started booking things today, you won't be offered a ceremony date in 2020 (I was offered a date in March, having contacted my local registrar in September).

This also means your ceremony can be prevented if the Home Office believes the marriage is one of convenience. A non-EU national with no residence or appropriate visa getting married to a EU national who just arrived in the UK is the kind of things that triggers red flags.

I'm afraid there is no "getting married in the UK" route for people in your situation. The way to go is getting married first abroad, then applying for the Settlement Scheme.

What we have SO FAR without the Civil Union is:
- Travel tickets on the same date to NYC (in 2017), and subsequent pictures we took there.
- Travel bookings to the South of Argentina for a trip we did in 2019 (I think we have the AirBnB booking but I don't know how well that stands).
- A crazy amount of pictures of us together since early 2016.

I'm guessing with the Civil Union should be enough, but would any of that work as proof of long-term relationship?

Having a marriage certificate or civil union removes the need to proof a long-term relationship. You just need to show it's a genuine one. I would say proof of your two trips are already good elements.

Regarding the pictures, keep in mind quality is better than quantity. Do NOT send 100 redundant pictures. Instead, select the 10 most relevant ones (where you are with family, as an obvious couple, e.g. attending together someone else's wedding). Pictures of the both of you with your both sets of parents at your union ceremony (e.g. marriage toast) would also prove an important element when deciding genuineness of the relationship.

[grome45]

Thanks again! It's all very valuable information!

As for the Civil Union in UK, yes, that's what I was afraid of. I've been considering it more of a last-resort, but even in that case, it's still very risky. Especially since it can end up looking like a convenience union. We are having trouble getting the appointment to get the union here, due to covid, and our timeline as I said, is very accelerated.

But all of that info is good to keep in mind! Thanks a lot!

[JB007]

Not an expert so please take this with a pinch of salt:

The issue is not wether you work as a freelance or as a permanent employee, the issue is where the company or person paying you is based, and where they -and you- pay taxes. You won't be able to work for a UK-based company, freelance or not, and you wont' be able to contribute to national insurance or pension in the UK. I am not sure how remote work is considered, specially in these covid times, but I suppose it would be still legal for you to freelance for an Argentinian or US company, paying your taxes in those countries accordingly.

If anyone else can offer more specific insights, or clarify or correct my understanding, please share your views.

According to a yankee forum for the UK (for US citizens) you need permission to work in the UK to be able to work for a foreign company. Once you have that, you can work for a foregin company but must pay taxes to the UK and you do that by registering as Self Employed with the UK's tax office (HMRC). There is also your tax return for Uncle Sam and they have a tax forum for that too. I'm not allowed to post that forum link on this site but you should find them or other sites like them, on a search engine.

[grome45]

Hi everybody!

My partner is moving to the UK on December the 5th, and will be applying for the Pre-Settlement. And I will be joining her early 2021 (January / February). Can I still apply for the Pre-Settlement through her, even if I enter the country after the 31st of December?

As soon as she's applied for the Pre-Settlement, I'm going to apply for the Family Transit, to get into the country. I'm assuming that if I apply for FT before the 31st, I could enter afterwards, and apply for the Pre-Settlement before June/July.

If anybody has any information on this, I'd appreciate any input on this.

Thank you!

[kamoe]

Hi everybody!

My partner is moving to the UK on December the 5th, and will be applying for the Pre-Settlement. And I will be joining her early 2021 (January / February). Can I still apply for the Pre-Settlement through her, even if I enter the country after the 31st of December?

As soon as she's applied for the Pre-Settlement, I'm going to apply for the Family Transit, to get into the country. I'm assuming that if I apply for FT before the 31st, I could enter afterwards, and apply for the Pre-Settlement before June/July.

If anybody has any information on this, I'd appreciate any input on this.

Thank you!

Has anything changed since you were last given all the answers above? Did you get married/get a civil union in the end?
No union > no family relationship > no eligibility.

[grome45]

Hi!

Sorry for the similar question. I read some contradictory statements on this issue from both immigration counselors and immigration lawyers, so I was a little confused.

We have gotten the equivalent to a Civil Union in my country, called a Union Convivencial. Having read official UK gov. documents, it states that that document IS valid as a certificate of partnership such as a Civil Union or Marriage. So yes, in essence, we have gotten the Civil Union, and are now in the process of legalizing it and then translating it.

But my question, based on that, is: is it absolutely necessary for me to arrive before the 31st of December to also apply for the EU Pre-Settlement Scheme? That is the contradictory statement I got. That if I don't arrive before the 31st, getting the pre-settlement changes. Even if my partner did get it.

Again, sorry if it's a similar or repeated question and I really appreciate the amazing help so far!

[kamoe]

is it absolutely necessary for me to arrive before the 31st of December to also apply for the EU Pre-Settlement Scheme?

On the condition that your partner arrives in the UK before December 31st 2020, and that she applies and gets status before that date, then no, you do not have to arrive by that date yourself.

That is the contradictory statement I got. That if I don't arrive before the 31st, getting the pre-settlement changes. Even if my partner did get it.

You can check the wording of the rules yourself here:

If you’re overseas and a family member of an EU, EEA or Swiss citizen living in the UK
The deadline for you to join your family member in the UK is 31 December 2020 (or 31 December 2025 if your partner is Swiss and you get married or form a civil partnership after 31 December 2020).

If you’re not living in the UK by the deadline, you’ll still be able to apply if all of the following are true:

• your family member has either settled or pre-settled status

• your relationship began before 31 December 2020

• you remain a close family member, for example a spouse, civil partner, unmarried partner, a dependent child or grandchild, or a dependent parent or grandparent