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Buachaill, Barrister
Category: Law
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Experience:  Barrister 17 years experience
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I am a female British citizen by birth and UK resident. For

Resolved Question:

I am a female British citizen by birth and UK resident. For the past 3 years and 2 months my male Dutch citizen by birth partner and I have lived together in the UK. He has been working here as a UK resident and paying UK income tax. He is looking to apply for British citizenship. I looked on the site. Most of the criteria are met or can be i.e. over 18, of good character, sound mind, knowledge/life in UK test, no immigration laws broken. There are 3 points that I wish to question further. 1) we are currently not married or civil partners, will the British government accept common law or de facto relationships? 2) We are planning to have a registered partnership ceremony in the Netherlands. Will this be recognised in Britain even though there are no opposite sex civil partnerships here? 3) He needs to travel for work (UK company and he is payrolled in the UK) and we also spend some weekends in the Netherlands visiting family and friends. Not so much that it impacts his tax residency but he has exceeded the recommended 90 days out of the country in the last year by 22 days and the recommended 270 days in the last 3 years by 26 days. The wording is "you must usually have: spent no more than 270 days outside the UK in the last 3 years..." does this mean that it is not a hard and fast rule? Can we still aplly for him to get British Citizenship as our home, lives and jobs are in the UK?
Submitted: 10 months ago.
Category: Law
Expert:  Buachaill replied 10 months ago.

1. Dear Alex, to deal with your questions in the order you have asked them, firstly, for the purposes of a visa, de facto relationships of two years entitle you to a visa on the same basis as if you were married. So if you can show you were in a de facto relationship of two years, you will get a visa for a partner which is the same as a spouse. This can be evidenced by showing you lived together, shared expenses, rented a flat together, owned a car together, etc.

Expert:  Buachaill replied 10 months ago.

2. Foreign civil partnerships are recognised in the UK AND are entitled to the same rights as if you were in a de facto relationship in the UK. So, you will be treated as being partners even though this is not available in UK law.

Expert:  Buachaill replied 10 months ago.

3. There are some exceptions to the days allowed outside the UK. One is absences owing to work abroad for a uK COMPANY. So here your partner would be allowed to count absences abroad for work as being days spent in the UK. However, the days abroad, are not quite mandatory but are followed rigorously. So, exceeding these number of days is fatal to a UK citizenship application.

Expert:  Buachaill replied 10 months ago.

4. Here is a guidance for calculating absences for Indefinite Leave to Remain and settlement. You will see the exceptions, such as holidays or work absences which don't count.

Expert:  Buachaill replied 10 months ago.

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