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Register Partnership- EEA route

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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pankispankis
Newly Registered
Posts: 6
Joined: Tue Apr 10, 2018 3:08 pm
United Kingdom

Register Partnership- EEA route

Post by pankispankis » Tue Apr 10, 2018 3:30 pm

Hi everyone,

I struggled to find anything in this forum that similar enough to my situation. I would truly appreciate your advice on my situation below.


Background:
My girlfriend is a non-EU citizen and currently on Tier 2 for 2 years and was on Tier 5 for a year.
Me: I’m a Dutch nationality and currently works and lives in the UK.
We are not same-sex couple. We have been together for 3 years but lived together for under a year.

We want to opt for registered partnership in the Netherlands. I’m just not sure if ultimately she would be able to get a UK residence permit that allows her to work in the UK.

If you could kindly clarify my questions below, I’d truly appreciate it.

• Does the registered partnership recognize in the UK? I can only find info on a civil partnership for same-sex couples.
• Would this registered partnership in the Netherlands make her a family of an EEA citizen in the UK?
• Ultimately, would she be able to apply for a residence card based on the registered partnership?

Thank you in advance for all your help!

Jake

secret.simon
Moderator
Posts: 11259
Joined: Thu Feb 21, 2013 9:29 pm

Re: Register Partnership- EEA route

Post by secret.simon » Tue Apr 10, 2018 6:14 pm

To the best of my knowledge, a registered partnership contracted abroad would only be recognised as the equivalent of a civil partnership in the UK, i.e only between same gender partners.

For opposite-gender partners, a registered partner would be treated as a durable partner for the purposes of EU law, not a spouse. That is to say that they will be treated as an EFM and not a family member.
pankispankis wrote:
Tue Apr 10, 2018 3:30 pm
• Ultimately, would she be able to apply for a residence card based on the registered partnership?
Yes, but as an EFM, not as a spouse. Her right to reside in the UK will only start after the issue of a Residence Card and not as a result of the registered partnership.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

freeadvisory
Newly Registered
Posts: 3
Joined: Thu Apr 12, 2018 4:26 am
United Kingdom

Re: Register Partnership- EEA route

Post by freeadvisory » Thu Apr 12, 2018 4:31 am

Apply based on durable relationship, you should be ok.

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