37100

An Albanian friend of mine would like to move to the UK with her Italian partner. They have lived together for several years, but are not married and cannot not get married short term due to obtaining paperwork problems. She is a long time resident and has a permanent permit to live in Italy. She has also applied for Italian citizenship, but 4 years down the line she is still waiting. My question, or rather her's, can she move to the UK with her partner or does she need a visa -notoriously difficult for Albanian to obtain? I know she could if she was married something they intend doing ASAP, but does the same apply to unmarried couples? Thanks for any help.

formula

It seems from this thread that the Italian would need to have PR (be a qualified person in the UK for 5 years) to be able to that. That's if the UK will still allow EU free movement rules in 5 years time.
EEA national without PR, cannot sponsor fiancee anymore : EEA-route Applications • Immigrationboards.com

37100

Thanks formula.

chaoclive

Under the EU laws they can apply for an EEA family permit if they have been in a durable relationship for 2 years or more. Ask them to have a read through this: https://www.gov.uk/family-permit. This page specifically refers to: "a dependent extended family member - eg unmarried partner, brother, sister or cousin".

Of course, getting married would make things easier but at least the EEA family permit is there. There is a condition: the EEA citizen (Italian) would need to exercise treaty rights in the UK (e.g. be employed/self-employed/a student with comprehensive sickness insurance or self-sufficient with comprehensive sickness insurance) AFTER his initial right of residence (3 months) passes. Then the Albanian partner would be able to apply for a residence card (on form EEA2).

This is relatively straightforward and they can apply for an EEAFP from the closest British Embassy to where they live.

She will need to see if moving to the UK long-term will affect her entitlement to Italian citizenship (I'm not sure how Italy deal with this). It may also affect her permanent residence status in Italy (if she leaves Italy for a certain period of time; in the UK, this is 2 years).

chaoclive

This is for applications under the UK Immigration Rules. The EEA rules can be invoked here (Directive 2004/38/EC)

37100

Thanks Chaoclive. I'll tell her. They would like to marry, but she is having trouble getting the docs required by Italy. They don't make it easy here!

37100

Ops, sorry Mods for posting in the wrong place. I thought this part was only for Brit related queries not foreigners.

Pollyana

no probs It was originally aimed at Brits bringing partners home, but its the best area on here to get answers to your query