How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Immigration Warrior Your Own Question
Immigration Warrior
Immigration Warrior, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 1418
Experience:  Immigration Consultant/Supervisor at Chatham Chambers solicitors
106663647
Type Your Immigration Law Question Here...
Immigration Warrior is online now

I am an EU national, living and working in the UK. I have

This answer was rated:

I am an EU national, living and working in the UK. I have been registered for EU pre-settled status. I am in a long-distance relationship with a non-EU national, who lives in the USA. I want to bring my partner to the UK for the purpose to enter into a civil partnership with her, and to stay and settle together in the UK. We are currently not married nor in a registered partnership from outside the UK.I have two questions;
1) Which visa type applies to this situation? Does the regular UK Family
Visa apply to us, or, because I am a pre-settled EU national, we can
only apply for the EU Settlement Scheme Family Visa or the EEA Family
Visa? Are there other visa types we should consider?2) If we can apply for the UK Family Visa, I believe the following
requirement listed at https://www.gov.uk/uk-family-visa/partner-spouse
applies to us;
""you are a fiancé, fiancée or proposed civil partner and will marry or
enter into a civil partnership in the UK within 6 months of arriving""
How does one prove a proposed civil partnership, as to the best of my
knowledge, it is not possible to give notice before having a visa?

Hi

Further to your question, you have two choices as you are an EEA National so No 2 does not apply to you as that is under the Immigration Rules.

She can either come to the UK on a visitor visa and thereafter enter into a civil partnership and then apply for a Residence Card as your partner.

Alternatively, she can apply for a Family Permit and as part of the application provide evidence that you intend to enter into a civil partnership. You can send an e-mail to the Registry Office and many will provide you with a provisional date of when you can attend to provide them with your documentation. This evidence is acceptable to state that you intend to enter into a civil partnership.

Please do let me know whether I can be of any further assistance.

Kind Regards

Customer: replied 1 year ago.
Hello,Thank you for your answer. Specifically the suggestion to obtain a preliminary date from the Registry Office is helpful to proof the intent to enter into a civil partnership.I have some trouble understanding the exact visa forms you are referring to though, and which is the best choice in this situation. I have tried to further research the possiblities today, however, I'm finding a lot of conflicinting and confusing information about this. I would like to discuss the options you've outlined in a bit more detail;For your first suggestion, to use a vistor visa, it has been my understanding that a regular visitor visa does not allow one to enter into a marriage or civil partnership in the UK. Unless you were referring to the specific 'marriage visitor visa' that is described here; https://www.gov.uk/marriage-visa which I believe would not allow to progress to a Residence Card, as it is specifically meant for marriage/partnerships without the intent to remain in the UK.For your alternative suggestion, I would like to understand which Family Permit you refer to here. There are 2 different family permits for EU/EEA:
- the EU Settlement Scheme family permit
- the EEA family permitFor the EU Settlement Scheme family permit, one needs to be either an existing spouse or civil partner, or a direct family member. It does not appear to accommodate for a fiance/proposed civil partner.For the EEA family permit, one needs to be either a close or extended family member. Unmarried partners fall under the 'extended' family member category, which requires proof of a 'durable relationship'. The Home Office instruction as what to consider a 'durable relationship' includes a requirement to have been living together for at least two years, which also does not appear to accomodate for a fiance/proposed civil partner who lives abroad.The UK government contradicts itself on this however, on this page; https://www.gov.uk/marriages-civil-partnerships where it is suggested that a family permit *can* be used to get married or form a civil partnership.Would the EEA family permit based on an 'extended' family member with proof of a durable relationship (and proof of the intent to enter into a civil partnership) then be the best for us to consider?Thank you.

Hi

Can i please arrange a telephone consultation with you so as to explain all the options in details to you.

Kind Regards

Hi

I look forward to hearing back from you.

Kind Regards

Immigration Warrior and other Immigration Law Specialists are ready to help you