# EEA family permit for non EU partner



## Franconian

Hi all, 

I am a German passport holder and have been living with my partner in Australia for the last 3 years. We are both permanent residents and registered our relationship (de facto), but are not married. 
My partner is a Filipino pasport holder. 

For example the UK easily gives an EEA family permit if the relationship has been lasting for at least 2 years. 

I am aware that as I am a German citizen an EEA family permit can normally not be issued, however I have not been living in Germany for 8 years (5 years UK, then 3 years Australia).


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## ALKB

Franconian said:


> Hi all,
> 
> I am a German passport holder and have been living with my partner in Australia for the last 3 years. We are both permanent residents and registered our relationship (de facto), but are not married.
> My partner is a Filipino pasport holder.
> 
> For example the UK easily gives an EEA family permit if the relationship has been lasting for at least 2 years.
> 
> I am aware that as I am a German citizen an EEA family permit can normally not be issued, however I have not been living in Germany for 8 years (5 years UK, then 3 years Australia).


Germany does not recognise unmarried partnerships for immigration purposes. The UK is the only country I know of that issues EEA family permits for unmarried partners.

Did your partner live with you in the UK? In that case you might be able to argue Surinder Singh, although living outside the EU for 3 years might break residency. There is a lot of case law about this - 6 months would have been okay but 3 years?

Expect a lot of hassle and possibly a long, drawn-out court case.

I think your best options are:

1. Get married and go for the German spouse visa

2. Get an EEA family permit for the UK and live/work there for a while to exercise treaty rights. However you would still have to get married if you wanted to then move on to Germany.


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## Franconian

Thanks for your reply ALKB! 

We were only planning to visit Germany for a few weeks and the required Schengen visa for my partner would be very costly. 

Would it be possible to travel within the EU with a UK EEA family permit? Or could border staff ask for a marriage certificate? We do have the de facto certificate. It states:
New South Wales
Births, Deaths and Marriages Registration Act 1995
RELATIONSHIP CERTIFICATE
And looks very official, maybe this would work? 

We would need to fly in to the UK and to increase our chances travelling by ferry to France. Then Schengen and no border checks anymore, but would it be allowed? I. e. valid in Germany?


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## ALKB

Franconian said:


> Thanks for your reply ALKB!
> 
> We were only planning to visit Germany for a few weeks and the required Schengen visa for my partner would be very costly.
> 
> Would it be possible to travel within the EU with a UK EEA family permit? Or could border staff ask for a marriage certificate? We do have the de facto certificate. It states:
> New South Wales
> Births, Deaths and Marriages Registration Act 1995
> RELATIONSHIP CERTIFICATE
> And looks very official, maybe this would work?
> 
> We would need to fly in to the UK and to increase our chances travelling by ferry to France. Then Schengen and no border checks anymore, but would it be allowed? I. e. valid in Germany?




That's a bit of crucial information here!

How is the Schengen visa costly?

All visa at German Embassies cost the equivalent of €60 all over the world. 

France also does not recognise unmarried partners for immigration purposes as far as I know. I don't think the Ferry operator would let you board.

A UK EEA family permit might or might not help, you'd have to take your chances.

The bit of not being married being the biggest obstacle.


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## Franconian

Here in Australia the Schengen Visa for Germany has to be applied through the Austian embassy. 
The Austrian embassy outsourced their visa services to vfs.global who charge an admin fee of $45.00 additionally to the EUR 60.00. 

Well, it looks like we don't have a choice.


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## ALKB

Franconian said:


> Here in Australia the Schengen Visa for Germany has to be applied through the Austian embassy.
> The Austrian embassy outsourced their visa services to vfs.global who charge an admin fee of $45.00 additionally to the EUR 60.00.
> 
> Well, it looks like we don't have a choice.


Surely $145 will be less expensive than travelling from the UK to Germany? The ferry tickets for the two of you would be around that amount - if you are lucky and on foot.

Imagine what would happen if you would get stuck in the UK! Emergency accommodation and then what? Changing all your plans to only visit the UK or going back to Australia right away?

It's always worth getting the right visa beforehand.

Border control usually issues Code 1A stamps kicking and screaming to married couples after hours of waiting and being questioned. The Schengen visa is a much more pleasant option.


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## Franconian

Yes I agree... I just thought there would be a "free" way  

The EU Directive 2004/38 states:

" the partner with whom the Union citizen has a durable relationship, duly attested."

They should have defined it more specific.


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## ALKB

Franconian said:


> Yes I agree... I just thought there would be a "free" way
> 
> The EU Directive 2004/38 states:
> 
> " the partner with whom the Union citizen has a durable relationship, duly attested."
> 
> They should have defined it more specific.


It is complicated. *nods*

The problem here is, that every country can define "durable relationship" individually, usually at the standard that the country would expect their own citizens to adhere to.

So, the UK has an unmarried partner visa for British citizens who are married to non-EEA nationals, so the EEA family permit is also issued to unmarried partners if they fulfill the same relationship requirements as for the UK partner visa: 2 years cohabitation, devotion to each other, shared responsibilities, etc., etc.

Germany and all other Schengen countries (as far as I know) define durable relationship as being married or in a civil partnership with a same sex partner.

Pitfalls to be avoided left, right, and centre.

Have a good time visiting!

EDIT:

Actually... I think Belgium has something like registered cohabitation but I don't know whether that extends to their view of Schengen visa requirements. Might be worth asking the Belgian Embassy in Australia. Worst thing they can say is no.

EDIT OF THE EDIT: Sadly, not. They specify that a marriage certificate is needed.


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## Franconian

I just found this:

Partner: Under EU law, an unmarried relationship is called a ‘durable relationship’. In this briefing we use the term ‘partner’ where appropriate to describe these relationships. 

And this directly from the European Commission website:

Family members

The following members of a worker's family have the right to reside in the same country, irrespective of their nationality:

spouse
registered partner (provided the host country treats registered partnerships as equivalent to marriage)
descendants who are under the age of 21 or are dependants
dependent relatives in the ascending line (e.g. parents, grandparents).

*EU countries must also facilitate the entry and residence of:*

other family members who are dependants or members of the worker's household
other family members who require personal care due to serious health grounds
* a partner demonstrated to have a durable relationship with the worker.*


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## ALKB

Franconian said:


> I just found this:
> 
> Partner: Under EU law, an unmarried relationship is called a ‘durable relationship’. In this briefing we use the term ‘partner’ where appropriate to describe these relationships.
> 
> And this directly from the European Commission website:
> 
> Family members
> 
> The following members of a worker's family have the right to reside in the same country, irrespective of their nationality:
> 
> spouse
> registered partner (provided the host country treats registered partnerships as equivalent to marriage)
> descendants who are under the age of 21 or are dependants
> dependent relatives in the ascending line (e.g. parents, grandparents).
> 
> *EU countries must also facilitate the entry and residence of:*
> 
> other family members who are dependants or members of the worker's household
> other family members who require personal care due to serious health grounds
> * a partner demonstrated to have a durable relationship with the worker.*



Yes, but as I said, each member state can define what they regard as durable relationship.

You can certainly try.


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## Franconian

The Netherlands issued us with a free Schengen visa for my partner. 
Well, the Consulate staff was not very friendly and did not like the fact that it had to be issued free of charge and priority processing, so she decided to ask for an "Apostille" for our relationship registration costing us $60.00.


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## Franconian

Hey Donutz, 

Thank you very much for your message! 

I did not know that direct applications must be allowed or fee free agency processing. 

Well, we got the Schengen visa now issued by the Netherlands. Just not happy with the apostille requirement claimed by the Consulate lady. 

It was asked for our Australian partnership certificate, cost us $60 and delayed the process by another week. 
https://dfat.gov.au/melbourne/notarial-services.html

I had already emailed the Netherlands Ministry of Foreign Affairs who apologised and confirmed that the apostille stamp on our relationship certificate was not required. We could elaborate this matter with the National Ombudsman in the Netherlands. But I don't think this is necessary...

I also emailed IND in the Netherlands who backed up their colleagues and stated that all foreign documents need an apostille stamp 

Cheers, 

Frank


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## ALKB

Franconian said:


> The Netherlands issued us with a free Schengen visa for my partner.
> Well, the Consulate staff was not very friendly and did not like the fact that it had to be issued free of charge and priority processing, so she decided to ask for an "Apostille" for our relationship registration costing us $60.00.


Great to know that the Netherlands accept Australian registered relationships! 

Have a good holiday!


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