Unmarried non EU-family member travel issues

[sweetha76]

Hi,

I am a German citizen living in the UK with a permanent residence and my partner is a non- EU citizen, with a 5 year residence card ( issued as a family member of an EU citizen in the UK) on the basis, as an unmarried partner in a durable relationship.

I have some questions about travelling within Europe and abroad in regards to his status.

I am aware that he does not need a visa within Europe, if he travels with me and that he needs to apply for a visa, if he travels without me, however how can we proof our relationship, if asked at point of entry? We obviously do not have a marriage certificate or anything similar! Is there something the UK Home Office can issue to prove our relationship or will the system inform immigration at the point of entry? Has anyone got any similar experience? Does anyone have any suggestion?

Regards

sweetha

[noajthan]

The EFM RC is your only evidence that HO issue.

[sweetha76]

Hi,

Thanks Noajthan.

Do you think, I can request a letter from HO, as a proof? I heard about a Cohabitation contract, do you think that will be useful?
I also have a question in regards to obtaining a PR? If my partner wants to obtain his PR, do I need to provide a 5 years history or would my PR only be sufficient?

[noajthan]

Hi,

Thanks Noajthan.

Do you think, I can request a letter from HO, as a proof? I heard about a Cohabitation contract, do you think that will be useful?
I also have a question in regards to obtaining a PR? If my partner wants to obtain his PR, do I need to provide a 5 years history or would my PR only be sufficient?

I have no knowledge about cohabitation contracts.
If there is such a thing then there may be a certain value in it.

You can see how UK BF handles such cases at the border in their Ops manual:
https://www.whatdotheyknow.com/request/ ... ndents.pdf

If partner applies for confirmation of PR then you, as Union citizen sponsor, will have to provide proof of your:

• id;
  relationship;
  residence in UK;
  absences from UK within prescribed limits;
  settled status;

You can see that this is not all covered by a DCPR.
For example, even though you have acquired the holy grail of PR you still need to show that you are still a Union citizen and have not lost settled status - and that you reside in UK and that the relationship is still subsisting.

[sweetha76]

Thanks again for the prompt answer.

The cohabitation contract is something I picked up, whilst I was working as an Interpreter, many non EU- citizen, used to have one to support their legalization, as they were not allowed to marry legally in the UK, without the danger of being deported.
I might look into it further.

Thank you for the advise with the PR. I assumed that would be the case and should be no problem.

Thank you.

[sweetha76]

Thanks again for the prompt answer.

The cohabitation contract is something I picked up, whilst I was working as an Interpreter, many non EU- citizen, used to have one to support their legalization, as they were not allowed to marry legally in the UK, without the danger of being deported.
I might look into it further.

Thank you for the advise with the PR. I assumed that would be the case and should be no problem.

Thank you.

[sweetha76]

Thanks again for the prompt answer.

The cohabitation contract is something I picked up, whilst I was working as an Interpreter, many non EU- citizen, used to have one to support their legalization, as they were not allowed to marry legally in the UK, without the danger of being deported.
I might look into it further.

Thank you for the advise with the PR. I assumed that would be the case and should be no problem.

Thank you.

[secret.simon]

Be aware that unmarried non-EEA durable partners do not have the same rights as non-EEA spouses.

For non-EEA durable partners, the EEA Country that you are visiting can choose to examine whether you meet their definition of "durable partner". They are only required to "facilitate" the visiting of non-EEA durable partners and the latter do not have a right to accompany the EEA citizen. Some countries can choose to ignore EEA documentation issued by another country in that regard.

Here is a recent case of a non-EEA durable partner issued with an EEA FP by the UK being refused entry to Poland. It is unlikely to occur, but be prepared. It is not an automatic right, unlike married couples.

[sweetha76]

Thank you for the advise.
However my partner has a Residence Card, with a permit type "Family Member - EU residence", it is not a vignette or a family permit.
I have also contacted the German Embassy and hopefully they will get back to me soon. I know that some countries do not necessary accept it, but I guess we can live that

Is it even legal, to not accept the permit or card, I thought it is not within their authority to do so?!