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Discussion Starter · #1 ·
We have a strange situation. I am Indian, my bf of 4 years is Italian. I was living in UK when we met but after a year I took off and went travelling around the world and spending 6 months a year in France / schengen.

Now my bf and I are planning to get Pacsed in France. My bf has been living in UK the past ten years, owns property in London and has enough savings (we are both millionaires). His last salary was in excess of £100k per year...but he quit his job and doesnt work anymore....as I said we both have enough money to live without working.

My question is if we get Pacsed in France then can I immediately go to UK along with my partner - he will accompany me. Do we need any further proof of a civil partnership or an eea permit to enter UK as a registered couple or is the PACS certificate enough proof to exercise european treaty rights.

I dont want to go through the process of getting a UK visa and then registering a partnership in UK....i prefer to do it in france as its a lot easier to get pacsed there, i already have visa for france and my bf doesnt need one. Please note we never cohabited more than a few months...and even now we are not sure whether to live in UK or elsewhere - it all depends on how easy it is for me to get rights to live in UK with my gay italian partner. In no way am I ever interested in getting an investor visa or any other kind of visa for Uk...i think the entire Uk visa system is horrible to the core and targets the wrong people. If anyone has been in a similar situation then let us know. We also consulted an expensive lawyer in London and he was totally useless charged a lot of money and didnt know anything about PACS rules...he still doesnt know actually thats why I am posting this here.

Merci Beaucoup!!!
 

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Pacte civil entered in France by same-sex couples will be recognised as equivalent to civil partnership in UK. But you should still get EEA family permit for UK because you are a visa national, and even though under EU law you have the right to enter UK with your EEA partner, airline and Eurostar may refuse to carry you and it will smooth your passage through border control.
The only potential problem is Home Office may regard your union as of convenience and not genuine, so you should enclose some evidence of bona fide partnership such as travel together, joint accounts and cohabitation.
OK we make an exception and let you post a question here even though you have consulted a lawyer!
 

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Discussion Starter · #3 ·
Thanks for the reply. So basically if I do a Pacs with my partner and we take the eurostar together into UK then legally they are obliged to let me enter as his partner without the eea permit? We have plenty of proof that we are a genuine couple for more than 4 years now...they cant deny that we are genuine and anyway my bf will be accompanying me. As soon i land in Uk we will buy a joint property to live in and we have travelled extensively all over the world together...as well has have more than 2000 pictures together in different parts of the world...i doubt ukba can question the authenticity of our relationship?

Once i am in the Uk then can I apply for an eea permit? How long is it granted for?

Thanks.




Pacte civil entered in France by same-sex couples will be recognised as equivalent to civil partnership in UK. But you should still get EEA family permit for UK because you are a visa national, and even though under EU law you have the right to enter UK with your EEA partner, airline and Eurostar may refuse to carry you and it will smooth your passage through border control.
The only potential problem is Home Office may regard your union as of convenience and not genuine, so you should enclose some evidence of bona fide partnership such as travel together, joint accounts and cohabitation.
OK we make an exception and let you post a question here even though you have consulted a lawyer!
 

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No, you shouldn't do that. Have you read my reply?
An Indian national without UK visa is most unlikely to be allowed to board a plane or train for UK. Also the first question the immigration officer will ask is, why don't you hold an EEA family permit? So you should get one before arriving in UK with your partner. Then after arrival and once your sponsor starts exercising treaty rights, you can apply for your residence card. EEA family permit is only issued outside UK.
 

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Discussion Starter · #5 ·
Ok thanks a lot, do you know the procedure for applying an eea family permit from france? Do we need to live together for a year in order to do this? How long does the eea permit take? The thing is neither me nor my partner are working in france both of us have independent income from investments and enough proof of funds. My bf has been paying taxes in UK for ten years though...but as of now doesnt work actively anymore in UK. Let me know how to apply for an eea permit and how long it takes for the entire process.

Thanks.
 

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See UK Border Agency | Applying for a UK visa in France
You apply online, give biometrics at visa application centre at Asnières Sur Seine and hand over your supporting documents.
All you basically need is your PACS certificate, your plan to go to UK and request for EEA family permit to be issued in a covering letter. You don't need a job in France. Permit should be issued in 1-2 weeks, and it's free. To show your relationship isn't one of convenience, you may like to include some evidence, such as photos and travel tickets, record of keeping in touch and any shared financial responsibility like joint account or investment.
 
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