MARRIED LESBIAN COUPLE MOVING TO UK OR IRELAND

[2sugars]

Hi there

We are a married lesbian couple living in South Africa. I am on a South African passport and my wife is on a German passport. We haven't been married very long but my wife (EU) wants to go over to the UK or Ireland to study Veterinary Medicine for 4 - 5 years. She has unfortunately missed the admissions deadline for this year and the next semester only starts again in September 2011.

Will it be possible for us to go over to the UK or Ireland and work in the meantime until the application dates for the Universities start? We are both currently working full-time and my wife has to finish her contract as a Medical Biologist in September 2010. Once her contract is finished we wish to apply to go over to the UK.

How do we go about doing this and what information or documentation is required? Will being a gay couple count against us? What rights do I have as a South African married to an EU citizen?

Any information would be appreciated.

[John]

I am only commenting about how the UK deals with these matters.

Will being a gay couple count against us?

No, not at all. You will be treated in the same way as an opposite-sex married couple. That is, as long as the UK considers you are in a relationship akin to the UK's Civil Partnership.

So when you talk about being married, in which country did the ceremony happen? And in that country is it called marriage? And if not, what is it called?

What rights do I have as a South African married to an EU citizen?

Subject to clarification of the above matter, you would apply for an EEA Family Permit. Suggest you go to the website of the British High Commission in your country, and that should give you details of the procedure to go about getting that EEA Family Permit. But one thing is certain, the application fee is ..... free!

As far as your partner is concerned, as a German Citizen they can come to the UK and exercise EU Treaty Rights, for example to be employed, self-employed, as a student, etc.. The EEA Family Permit will confirm that you will have the same Treaty Rights, as long as your partner is exercising their EU Treaty Rights.

[Chris519]

Hi. How did it go for you two? I'm in the same boat. I am British, but live in Canada. I married my partner here.

I would like to go to the UK to work and live. I don't know about the immigration process there. I don't know if it would be easy for her to get residence, or just a huge pain????

It's probably 1.5 yrs before we could go. So I guess we have time to figure it out. Still not sure if it's a good move. I would go, but I don't if she wants to. It's kinda scary for her. Understandable. That's my problem, I like traveling too much

[John]

Chris519, has your partner even visited the UK? If not, surely a holiday in the UK would be a good idea, in order to give your partner an idea what it might be like living in the UK. Presumably she is Canadian?

If an permanent move to the UK is considered a good idea, your partner will need to apply for a Civil Partner visa. The application will need to be made in Canada, and be in her passport before she moves to the UK to live permanently.

Have a look at this UKBA document where you will see that your Canadian marriage is treated an equivalent to a UK Civil Partnership.

[Chris519]

Excellent. I think I am going to start the process. And you are right: we should plan a trip there, just to see how she feels.

Would it be alright if I contacted you again in the future, in case there are more questions?

Thank you John!

[Chris519]

I mean post here again in the future.... I understand the importance of a board. Let's keep in touch