hip999

Hi,

I wanted to put this in a general 'EUROPE' forum but could locate only the separate countries' forums:

I am a UK citizen. My partner is non-EU. She has a UK Visa given in February 2013 based on living with me in a relationship 'akin to marriage' (within the UK) since October 2010.

We are thinking seriously about living in another EU country but I am not sure if the Unmarried Partner's Visa issued within the UK would enable my partner to live with me. Or would she have to prove we have been living together all over again in the EU country we move to? Or perhaps, no country would allow in an Unmarried partner; we just do not know. I am not seeking just a short-term Visa for her within another EU country, but the right to live with me for as long as we wish.

If the answer is that she could live with me in an EU country (other than the UK) then would she be able to bring her child to live with us (the child lives in a non-EU country; she has a father there but does not live with him; the father does not support her; the child is legitimate so the mother (my partner) does NOT have sole custody)?

I am not even sure if different countries in the EU have different rules (it seems impossible to find out the rules for each separate country as e-mails to Embassies are unanswered); if so, then advice on the names of any country which would allow in my partner AND her daughter would be appreciated. Our preferred choices would be France, Spain, Portugal, Netherlands, Belgium, Cyprus.

Thank you to all those who reply.

dmu

Hi, you can in fact post in the "Europe" section (scroll down the individual countries and it's at the bottom), but only some one who has actually experienced your situation can answer.
I can only suggest that you enquire at the respective European Consulates or your partner's Embassy in the UK. Maybe some one will come along with an official French site that would give info, but be aware that if it is possible for your partner to come with you to France, it would be advisable to be "legally bound" so that she can benefit from your own EU rights (e.g. healthcare coverage) and to avoid Inheritance issues (Inheritance Laws not being kind to concubines).
Sorry I can't help more!

cyrian

Hi
Is this the same Filipino girlfriend that you posted about in Feb 2011?
If so does her visa allow her to remain in the UK ?
I think that you may find that the UK has been an easier place to bring a non-EU partner up till now but they have been tightening up the rules recently.
For example, you would either be eligible to French healthcare if you have up-to-date NIC payments in the UK or when you receive your UK State Pension in 2 years time. Your partner would only be eligible if she has NIC payments in the UK also.
France excludes foreigners from French state benefits for 5 years where possible and Ireland for 2 years.
Other countries may also have similar restrictions.
In addition, although you have a right to live within the EU, you must be able to support yourself, otherwise you may be asked to leave a particular country.
Your question is a complex one to answer and I hope you find a successful answer.

hip999

Hi,

Thanks for replying again.

Yes, this is the same partner I wrote about in 2011. She now has an Unmarried Partner's Visa and can live in the UK with me. But the issue now is that I think the UK may be tougher on allowing in her child than possibly another EU country might (but so very difficult to find out!); so we would be willing to leave the UK if we can find another EU country willing to take her and her child.

I had to show proof of annual income of £18,600 to obtain her Visa so I would imagine that level of annual income would satisfy most EU countries. We have no intention of trying to obtain benefits as we believe in being self-sufficient and, if ever we could not manage financially in another country, to return to the UK. But it seems amazing that non-UK citizens can come to the UK, marry a foreigner, and both can claim benefits at once; the UK citizen certainly seems to be the loser in the UK.

Regards.

cyrian

Hi
Several countries in the EU have problems with immigrants.
The UK has problems with certain groups who either go through sham marriages or simply get married to someone in their homeland with the sole intention of getting them into the UK where they claim benefits.
I know that this is not your situation but you are getting caught up with the rules that try to exclude these other groups.
I have a friend who is married to a US citizen and they will be in the same situation as you next year.
France has similar problems with groups of North African origin and there are general rules to restrict/ discourage immigration.
Italy is having problems with immigrants from the Balkans and Germany is having problems with Turks and Greeks.
Have you had a look at Ireland? If you are not looking for work and you do not need benefits and if you are ok for healthcare then that may an option.
A member of the Republic of Ireland forum decided to live near the border with the North and just nipped over the border when they needed healthcare.
You also wouldn't have a problem with the language but the weather would be the same as the UK.

mikelincs

Major question is, how old is the child? that would make a huge difference to answers.

Lloyd2012

You could check the conditions set down in Ireland as a European guide for the conditions you seek. The department of social protection should be capable of answering some of your questions. Conditions of habitual residence would be a start. As a uk and European citizen you could look at a range of initial benefits which you could avail of and your partner could then come under you as an adult dependant once she covers the habitual residency conditions.
Good luck.
Martin.

mikelincs

This may be your problem, for the child to me moved to any other country, you will need written permission from the father, doesn't matter what country you want to move to, EU or non EU, the rules are the same. I suggest you address this issue first, if the father will not give permission, then she will either have to get a court order, or resign herself to just visits, which will also require permission for the child to leave the country she is in if she were to visit you.