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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7505
Experience:  BA (Hons), PgDip, Practising Solicitor
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Good day. Please see if you can assist me with the

Customer Question

Good day.



Please see if you can assist me with the following query or advise me as to whom we can contact regarding our enquiry as the UK Border Agency / VFS websites do not clarify this in detail.



My partner and I ( gay couple ) are intending moving to the UK.



He is a Swiss National and I am a South African.



We have been together for 9 years, can substantiate this and have owned many properties together etc.



My parents are elderly, dependant on us for living and financial support and will need to move with us.



My questions are as follows:



1) Do my partner and I have to be married or have a registered civil partnership in order to ensure that my parents obtain the EEA family permit, or is proof of length and longevity of our relationship sufficient ?



2) What supporting documentation do you suggest we submit with our application for all parties ?



3 ) What is the timeline for landing should a family permit be granted for us three non European citizens?



Your kind help would be very much appreciated.



Many thanks



Yours sincerely.





Clive Rossouw



Make every day count.
Submitted: 5 years ago.
Category: UK Law
Expert:  Thomas replied 5 years ago.
Dear Clive

Thanks for your question.

Are you parents also South African, yes?

Kind regards

Tom
Customer: replied 5 years ago.
Hi Tom.

Thanks for responding.

Yes they are South African.

From the research that we have done it seems as though I can join Neville on a EEA family permit as a common law partner, however need to be married or in a registered civil partnership if I wish to take my parents ( whom live with us )

Many thanks for your help.

Regards

Clive
Expert:  Thomas replied 5 years ago.

Hi Clive

 

 

Thanks for your reply.

 

In order for you to obtain a family permit if you are no civilly partnered you would have to show that you are in a "durable relationship". Please see the following link and click the "What is a family member" at the bottom of the page:-

http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/#

 

This is generally taken to mean that you will be in such a relationship if you can show that you have cohabited with your partner for a period of two years or more.

 

Your parents will be able to apply for a family permit as well, even though you are not civilly partnered. It does of course state that family members includes parents of a civil partner and does not specifically mention that parents of durable relationship couples but to not allow it would be a contravention of Article 8 Rights to Family and Private Life.

 

In terms of proof it would be much, much easier if you were civilly partnered, since all you would have to do is to provide evidence of the fact that you are partnered and some further sundry evidence showing that this is a credible relationship (eg. Correspondence, statements, proof that you cohabit (but not for two years). Approval rates are considerably higher if you are civilly partnered.

 

The supporting documents guidelist contain all the information required in terms of evidence:-

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/out-of-country/eea-family-permit.pdf

It is not exhaustive and if applying on the basis of a durable relationship you should submit anything in documentary form which corroborates your relationship

 

The length of time to process the application will depend on which of the SA centres you shall submit your application to (ie. The nearest). Here is the link to the processing times search engine, just select the appropriate SA office and then check under the "EEA family permits"

http://www.ukba.homeoffice.gov.uk/countries/south-africa/processing-times/?langname=UK English

 

If applying on the basis of a durable relationship with your parents then you should assume that you will be at the end of the spectrum

 

 

 

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I will answer your follow up questions you may have.


Kind regards,


Tom

Customer: replied 5 years ago.
Hi Tom.


Thanks for the effort, however, please see question 3 above.

I need to know :

Should the EEA Permit be granted, is there any time line given by the UK Border Agency to present ourselves at a point of entry into the UK ?

Three months, six months, twelve months etc?

Many thanks

Clive
Expert:  Thomas replied 5 years ago.
Hi Clive,

I don't believe there is (although I'm not 100% on this), but it is a requirement of the visa that you must be intending to travel to the UK to exercise treaty rights, which I should think means intending on travelling soon (ie. within three months I should think of the visa being granted).

Trust this clarifies, please click accept.

Kind regards,

Tom
Thomas and other UK Law Specialists are ready to help you
Customer: replied 5 years ago.
Hi Tom.

Many thanks once again.

Regards

Clive
Expert:  Thomas replied 5 years ago.
Hi Clive.

No problem. Best of luck.

Kind regards,

Tom