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Anonymous asked in Politics & GovernmentImmigration · 10 years ago

de-facto visa of a EU citizen looking to live and work in UK?

If my partner and our child together are both EU citizens of an EU member state and i'm Australian, can I get a de-facto visa to enable me to live and work in England so we can all be together? Or can this only happen if my partner was a UK passport holder? I've called the embassy for the UK (In Australia) but they said they don't discuss visas, just apply and then wait and see. I tried to send an email with a bunch of questions because I don't know what kind of visa i'd need to apply for or other possible options, they don't bother, so really am confused. The only answers I get on google search are those regarding for a non EU member in a de-facto with a UK citizen or for those who are married. Why won't they reply to me at least???? argh. I'm been living in my boyfriends Country as a temporary resident since April 2009 so If I can apply, do I have to be in Australia physically since I am Australian?

Anyone with knowledge on this can please give advice? and please don't say call the Embassy - I've tried, they are useless!!!! or worse, don't say go to Canada, it's better! - We don't like Canada. Or go to New Zealand or Australia - we're not interested!!!

Thank you!

Update:

Oh and it says that you have to show proof that you have been living *together* continously for 2 years before you can apply on one site but another it says 4 years, which one is it? by the time we plan on moving, it will be nearly 3 years since we've been living together uninterrupted (with eidence of this of cause)

Update 2:

Wow thanx! Our only proof is our rental contract, bills only come in his name and never owned a joint bank acct. It's really the only proof I have so it is enough? Or I HAVE to show more thank 1 piece of evidence? :)

Update 3:

I have his bank statements linking him to my address in Australia and I think It should be enough however, I don't have proof for myself even though it's where I lived with my mum, so we are waiting another 7 months before I apply because will be 2 years since we lived together in France. I don't think I can prove our living together in Aus.

Update 4:

Thanks Maggie, I checked out the links and it really explains things. Do you live in the UK? The only thing I don't understand now is does my partner have to be working in the UK 1st in order for me to re-locate there or we can both go at the same time unemployed and searching for jobs? I have more chances to find work as I speak fluent English.

6 Answers

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  • Maggie
    Lv 7
    10 years ago
    Favorite Answer

    If you were married it would be no problem to apply for a EEA family permit. As a de facto partner, you are not automatically considered a family member, but are treated as an extended family member. An extended family member has no automatic right to a family permit but must prove dependency and a durable relationship.

    The same rules apply to this "proof of a durable relationship" as apply if you were the spouse of a UK citizen where is where your confusion comes from perhaps. Although you are applying under EU immigration rules and not UK immigration rules, in this case UK immigration conditions apply if that makes sense.

    You need to prove that you have lived together for at least two years as a married couple. Acceptable proof is correspondence from official sources addressed to you both and spanning the whole period. Correspondence such as joint bank account statements, utility bills, rent or mortgage agreements are needed. The fact that you also have a child together will help you enormously in proving a durable relationship.

    This is the correct info for you.

    http://www.ukvisas.gov.uk/en/howtoapply/infs/inf18...

    But you should read this as well as these are the conditions you need to meet, even though you are not a spouse of a UK citizen. Read in particular the setion headed "How do I qualify to join my unmarried or same-sex partner in the UK?"

    http://www.ukvisas.gov.uk/en/howtoapply/infs/settl...

    EDIT You need official correspondence either with both names on it or addressed to each of you at the same address. Separate bank account statements or letters from othe official sources will do if they show the same address. Your child's birth is another proof of cohabitation. If the birth records show the same address for both parents, you can use that as well.

    This link applies to the UK unmarried partner visas, but again this is the criteria you need to meet. It has a little more information on the documentation.

    http://www.ukba.homeoffice.gov.uk/sitecontent/docu...

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  • 5 years ago

    This Site Might Help You.

    RE:

    de-facto visa of a EU citizen looking to live and work in UK?

    If my partner and our child together are both EU citizens of an EU member state and i'm Australian, can I get a de-facto visa to enable me to live and work in England so we can all be together? Or can this only happen if my partner was a UK passport holder? I've called the embassy for the...

    Source(s): de facto visa eu citizen live work uk: https://biturl.im/nOCQu
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  • 4 years ago

    Uk Defacto Visa

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  • Me
    Lv 7
    10 years ago

    If you are married (may work for unmarried partners as well I dint know) you can apply for a EEA family permit. This is because he isn't a UK citizen, but a citizen of another EU country living in the UK. If you applied for any kind of UK partner visa it would be denied.

    You can also look into the youth mobility scheme...18-30yr olds. If one of your grandparents were British, then an ancestry visa.

    Donna

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  • 10 years ago

    I know if you are a citizen of any EU country you can move into any EU country you wish without immigration red tape, I also know that citizens of British Commonwealth countries can vote in elections in UK without British citizenship, so if you are an Australian with legal residency in UK, you would legally be allowed to vote in the UK.

    Although I am not sure if Commonwealth nation citizens have the same easy move into UK as a citizen of an EU nation would, but you could contact your boyfriend's Member of Parliament for assistance on the issue and maybe the MP or someone on staff might help/

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  • 10 years ago

    You need to apply for a spouse visa,I am sure it will not be a problem since you Australian as we have good links coming back decades, do not worry they will believe you good luck.

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