# Unmarried partner visa if currently living in the EU with British partner?



## nicky29 (Nov 15, 2009)

Hello, 
I would like some advice as I'm quite confused and not sure what we should do. Anything would be great before I deal with lawyers or UK border agency!

Situation:

both Australians, partner holds British passport (dual citizenship UK and AU). I only hold AU passport.

We Have been living and working in the Netherlands for 1.5 years, him as an EU citizen and me as his unmarried EU partner-no limit on working and living here.

We both want to move to London to work next year. But I see that in order to bring your partner/spouse you need to actually be living and working there before hand ?

questions:
1. does my partner need to go before I do to London, find a job, get settled _and then_ he can bring me in? this seems ridiculous, what if a British citizen that is abroad wants to return back to England with their partner? 

2. Or can he apply as an EU national (even though he has a British passport) to just arrive and be considered as 'unsettled' and have me along as EU family (ie. with the same type umarried visa I have in NL).
3. If we don't have jobs can we just provide savings ? this isn't a problem

we are not married but been talking about it and haven't done it out of laziness but we'd do it if it's easier to do this under a spouse visa over the unmarried partner.

I don't want to apply as a fiancee visa because this would not enable me to work and then i'd have to apply again for the work permit.

Any help would be wonderful.. please Joppa  ?


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## nicky29 (Nov 15, 2009)

help, anyone? would really love some advice..


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## Joppa (Sep 7, 2009)

nicky29 said:


> Hello,
> I would like some advice as I'm quite confused and not sure what we should do. Anything would be great before I deal with lawyers or UK border agency!
> 
> Situation:
> ...


You apply under the European regulations (Surinder Singh rule), as you have both been living in the Netherlands and your partner has been working (exercising economic treaty rights). You can apply while you are still in NL. You apply for EEA family permit, which is issued free.



> questions:
> 1. does my partner need to go before I do to London, find a job, get settled _and then_ he can bring me in? this seems ridiculous, what if a British citizen that is abroad wants to return back to England with their partner?


No need for that. 



> 2. Or can he apply as an EU national (even though he has a British passport) to just arrive and be considered as 'unsettled' and have me along as EU family (ie. with the same type umarried visa I have in NL).


You apply under European law, not under UK immigration law, though the latter now incorporates EU regulations.



> 3. If we don't have jobs can we just provide savings ? this isn't a problem
> we are not married but been talking about it and haven't done it out of laziness but we'd do it if it's easier to do this under a spouse visa over the unmarried partner.


No need for that for applying under EU rules.



> I don't want to apply as a fiancee visa because this would not enable me to work and then i'd have to apply again for the work permit.
> 
> Any help would be wonderful.. please Joppa?


Hope I have answered your queries!
The only potential problem is UKBA requires a two-year cohabitation before they recognise your unmarried partnership status. The fact that the Dutch authorities have accepted your status as non-EU family member may lend support. People have had their EEA permit application refused over this. Marrying will solve all your problems.

Links to applying for EEA family permit: UK Border Agency | EEA family permits
Applying in NL: UK Border Agency | Applying for a UK visa in the Netherlands (though there are no fees in your case). Most EEA permit applications are sorted within a week.


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## nicky29 (Nov 15, 2009)

Joppa said:


> You apply under the European regulations (Surinder Singh rule), as you have both been living in the Netherlands and your partner has been working (exercising economic treaty rights). You can apply while you are still in NL. You apply for EEA family permit, which is issued free.
> 
> 
> 
> ...


Joppa thank you SO MUCH! you are an absolute star! I had no idea we could do this this EEA thing instead of using the British immigration law. 

We've been together for 7 years and lived together in AU for 4+ years (we can prove this, that's how we got the partner visa here so easily. 


I will update on how my application goes if it helps other people here.

Thank you again!


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## Tezer (Nov 10, 2012)

Hello nicky29.. I have been reading your posts with some interest as it is very similar to my problem only a few differences.. Was wondering how you got on with your case with the ukba or dutch embassy. I am a uk citizen who has been working in holland and have been travelling for the last year in mexico and central america. My wife is colombian, we got married in vegas then in bogota as well and was hoping to go to scotland and do it there as well but the ukba had other ideas. Now were £1200 down and looks like were going to have to seperate for a while which were not looking forward to. I only wanted the spouse visa so that when i want to visit family in scotland i dont have to worry about visas. Im thinking now of going the route you took as it will be maybe easier for her to join me in holland abd then when i HAVE to go to GB i can. How would i find the info for my wife to join me in holland? Been looking everywhere but i think the ukba has me bugged.


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## Joppa (Sep 7, 2009)

Tezer said:


> Hello nicky29.. I have been reading your posts with some interest as it is very similar to my problem only a few differences.. Was wondering how you got on with your case with the ukba or dutch embassy. I am a uk citizen who has been working in holland and have been travelling for the last year in mexico and central america. My wife is colombian, we got married in vegas then in bogota as well and was hoping to go to scotland and do it there as well but the ukba had other ideas. Now were £1200 down and looks like were going to have to seperate for a while which were not looking forward to. I only wanted the spouse visa so that when i want to visit family in scotland i dont have to worry about visas. Im thinking now of going the route you took as it will be maybe easier for her to join me in holland abd then when i HAVE to go to GB i can. How would i find the info for my wife to join me in holland? Been looking everywhere but i think the ukba has me bugged.


Look at 2.5.1 in http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ecis/chapter2.pdf?view=Binary (Surinder Singh). The key point is you live together in Holland (your wife should get a residence permit) and you get a job or engage in self-employment that generates enough income to pay for your living costs. Then after a period of time (unspecified but 6 months is good), your wife applies for EEA family permit. It can be used also for holiday visits to UK without having to get a visit visa, and it's issued free.


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## Tezer (Nov 10, 2012)

Thanks for the reply Joppa,

I have work to return to in the Netherlands and my wife would be looking for work as soon as she arrives.
Do you happen to know if it would be easy enough for her to get a residence permit as I have work to return to in Holland??
The EEA family permit can wait tbh.

Thanks for your help!


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## Joppa (Sep 7, 2009)

Tezer said:


> Thanks for the reply Joppa,
> 
> I have work to return to in the Netherlands and my wife would be looking for work as soon as she arrives.
> Do you happen to know if it would be easy enough for her to get a residence permit as I have work to return to in Holland??
> The EEA family permit can wait tbh.


While I'm no expert on Dutch immigration system, under EU law you are entitled to be joined by your wife in NL. 
I have found the following Dutch government leaflet about residence requirement. Look under 'family member of EEA citizen.'
http://www.iamexpat.nl/app/webroot/...ial-issues/staying_in_the_Netherlands_IND.pdf


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## Tezer (Nov 10, 2012)

Thats the thing Joppa, im entitled so long as i meet the criteria which to me contradicts itself.. Im going to call the IND as soon as im back in blighty to clarify my entitlement and will update thr progress.
I have an offer of employment starting in january in GB.. Does that mean i could maybe help my appeal along by just accepting the job offer [ which is over the required amount per year] and be a worker returning to the uk as long as its within 3 months of the appeal?? Maybe this is more your field m8.. Cant thank you enough for your advice.


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## nicky29 (Nov 15, 2009)

*@Tezer*- how are you getting on? I haven't applied to the UK EEA visa yet, i will do it in the next month or so, waiting for my partner to get a job first. 
As for your wife joining you in NL- I don't see the problem. You are married and you're an EU citizen. I am here as an EU 'family' member with my partner, even though we're not married we could prove that we've been together long enough and lived together in AU and here.
The IND is a right royal **. I would recommend getting a good lawyer that my work provided who does this all the time, or i can help if you have more questions. I had to go through the process three times (thanks IND for the royal c*ck up!) once my work provided a lawyer it worked out perfectly.

*@Joppa. * If my partner and I intend to marry next year-not sure if it's the uK or not somewhere else in EU yet- is it worth telling them when I apply for the EEA family permit we're engaged? i just don't want to be forced to do the fiancee visa because a. we may not marry in the UK and b. we dont' want to get married in the next 6 months. But i am not clear on how the EEA thing works if you later want to get married, or is it irrelevant?

please help , any thoughts would be wonderful.


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