Unmarried partners - from ship to shore

[spring_breeze]

Hello everyone!

I am Romanian and my partner is Brazilian. We have both worked and lived on a cruise ship for many years (6 for me and more for him). We've decided to leave that life and start it fresh on land. I have been lucky enough to find a job and I should be starting now in November, with a salary of 25K. I have a NINo and I have an appointment to open a bank account, something easy nowadays. My question is - what about him? To prove our relationship, we have our Panama books, our seaferers book that records the service onboard on the same ship at the same time and pictures from ports and holidays, but we don't have tenancy agreements and bills on our names. I would really appreciate your help, as our case is a bit different, seeing our background on ships and no ties to the tax paying offices in the UK so I can prove income here yet. What would be your advice on the best way to make his coming, living and working here happen?

Thanking you for taking your time!!!
Mada

[Casa]

You're going to struggle to prove that you were more than companions working on the same cruise ship.

The Case Worker will want to see joint commitments that one would normally have in a durable relationship of at least 2 years, 'akin to marriage' . This would be for example, shared finances, joint tenancy or mortgage, and both names on the utility bills.

In your circumstances, you're obviously not going to the able to provide this evidence.

[spring_breeze]

First of all, Casa, thank you for your reply. I understood it's not going to be easy... so, what would you suggest? Would a marriage outside UK would be more helpful? Or a civil partnership done in another country? Would that be recognized here?

[Casa]

A civil partnership is between same gender partners.

Marriage would enable your husband to apply for a Family Permit from outside of the UK in order to join you.

[spring_breeze]

Let's say we get married in Romania. After that he would still need a visa to come here, to UK. Where should he apply for that? In Romania or in Brasil?

[Casa]

He would apply for a Family Permit (which is not a visa).

https://www.gov.uk/family-permit/overview

He can only apply for this from a country in which he has legal residence...not as a visitor.

As a non-visa national he is able to enter the UK for no longer than 6 months. I'll leave it to others better placed to advise on whether it would be wise to apply for a EEA FM Resident Card from within the UK while here as a visitor,

That's assuming you have married.

[spring_breeze]

Thank you, Casa! I've just asked about civil partnerships because Isle of Man allows opposite-sex civil partnerships, but wasn't sure if that's recognised here. That sums is up...

[Casa]

https://www.theguardian.com/lifeandstyl ... nt-end-ban

You've probably already seen this article published earlier this month, but note:

"or that public pressure will lead to a civil partnership formed in the Isle of Man to become recognised in the UK."


This suggests that the Home Office won't recognise the validity of the Civil Partnership.

[spring_breeze]

Me again! Got back to say we got married in Gibraltar. I need your help, guys, into guiding me for next steps. Seeing I'm EU citizen, I have been advised that we can forward our documents for the Family permit with him being here in the UK. Is that true? Thank you!

[secret.simon]

On what basis is your partner in the UK?

If your non-EEA partner is already in the UK legally, he should be able to apply for a Residence Card, not a Family Permit. Family Permits are for non-EEA citizen family members of EEA citizens to enter the UK.

The rights of your non-EEA partner in the UK will vary depending on the precise legal relationship between the two of you.

If you are married or in a same-sex civil partnership, your non-EEA spouse/partner has a right to reside in the UK based on the relationship, irrespective of immigration documentation. If the family member is already in the UK, apply for a Residence Card.

If the two of you are either in a "relationship akin to marriage" or are an opposite-sex civil partnership couple, your non-EEA partner does not derive an automatic right to reside in the UK, but must apply for a Residence Card, if already in the UK. His right to reside and work in the UK only commences when he is issued a Residence Card by the Home Office.

[spring_breeze]

Thank you, secret.simon. He came to visit me a couple of time since August and his first stamp on the passport entering UK is in August and been back and forth till January. In January we went and got married in Gibraltar. He's not working here. For immigration purposes, he is visitor, married to an EU citizen. He is a Brazilian.
I don't want to fall into the trap of wasting a lot of money on it, I want to apply for it myself.
From my understanding - and thank you again, secret.simon, for your help- the process is pretty straight forward and I need to apply for -
'Application for a registration certificate or residence card as the family member of a EEA or Swiss national (EEA FM)'. Fill up this huge form and also send payslips, contract of employment, landlord agreement, passports and pictures as well. Could you please confirm?
Thank you!

[CR001]

Correct, and the marriage certificate. A residence card application is a minimal fee compared to the fees on the UK Immigration route.

[spring_breeze]

Ooops, forgot the marriage certificate, probably the most important document
Hope the 65 pounds will to the trick!
Thank you!
Mada

[CR001]

Hope the 65 pounds will to the trick!

Hopefully yes. The UK Immigration route - spouse visa - cost is £1195 PLUS £600 immigration health surcharge, just so you can see the bargain you are getting under the EU route

[spring_breeze]

Wow, that's a lot... Thank you for your help!!!