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Discussion Starter · #1 ·
Hi there,

I need help from you guys please. I am a Mauritian National currently studying in France with a student visa and my partner is British residing in England. We want to get married or PACS here in France. I am going to move to England after the PACS, so that I don't need to go through a proposed partner UK visa. In Mauritius it is illegal to have same sex marriage :(. Please advice on this case. Thank you tons!! Its so disturbing and hard now.
 

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The way the laws work in France, your partner would have to be legitimately resident in France in order to either marry or PACS. French law requires that spouses/PACS partners maintain a home in common. And for a couple without a French member, I very much suspect that BOTH of you will have to show that you are resident in France before you can get married or PACS'd.
Cheers,
Bev
 

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"I am going to move to England after the PACS, so that I don't need to go through a proposed partner UK visa."



I'm not sure what you mean by this, but if you're hoping to move to the UK, I'd suggest you take a serious look at the UK forum: there are no shortcuts to bringing in a partner.

I'm no expert, but I can't see why having a French PACS would exempt you from the onerous requirements for moving to the UK as an unmarried partner/spouse/fiance. And Bev has pointed out the basic problems to your getting PACSed in any event.

If you're hoping to use the "Surindar Singh" route, your UK partner needs to have established his/her center of life in France for a significant period of time, which seems now to mean a minimum of 6-12 months. And that needs to include financial, personal, and "social" focus: working locally, speaking the language, joining in on neighborhood activities, having any kids enrolled in school... A PACS alone will not meet this standard, even if you can manage to arrange it.

But as I said, check the UK forum - the UK is getting tougher on immigration by the minute, and there's no slam-dunk to sponsoring a partner into the UK.

Best of luck!
 

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And in response to another concern you mention: I see no reason why Mauritian laws against same-sex marriage should affect your status as spouses, so long as you are living in a country where such marriages are recognized.

However, if Mauritius doesn't recognize same-sex marriage, you should look carefully at inheritance laws if you own property there. You may need to seek legal advice on how to protect your spouse's rights to your property and to protect him/her from any unreasonable tax consequences.
 

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Discussion Starter · #6 ·
" I'm no expert, but I can't see why having a French PACS would exempt you from the onerous requirements for moving to the UK as an unmarried partner/spouse/fiance. And Bev has pointed out the basic problems to your getting PACSed in any event."

Proposed civil partner and unmarried partner/spouse/fiancé visa are 2 different visas. This was just so I don't need to apply for 2 visas as it is a huge amount of money. I am trying no shortcuts. I respect rules.
 

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Discussion Starter · #7 ·
I would never want to live far from my partner. If that's what you meant. Me going back to Mauritius is like no way of being together with him as it is illegal in Mauritius to be a gay couple.
 

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Sorry if you thought I was being critical of you - I was using 'shortcut' in a literal sense; I didn't mean breaking the rules.

From what I've read over on the UK forum, their visa procedures aren't very 'user-friendly' and, as you point out, people sometimes end up having to pay significant fees for a second visa after their initial entry. So I understand why you'd want to do what you could to avoid the extra expense - that's certainly not breaking the rules.

As for Mauritian law, it sounded to me as if you were concerned that your nationality would be an issue because same-sex marriage is prohibited there. I just meant to say that I can't think of any reason why it would be, as long as you and your spouse are living elsewhere.

Good luck finding a way to be together.
 

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Discussion Starter · #9 ·
I did not mean to be rude as well :). I am just a bit stressed as my visa in France is expiring soon and if I go back to Mauritius, it will be nearly impossible to do anything there as they are not gay friendly at all. Perhaps I was too vague hun. Sorry thanks anyways for your help :)
 
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