Free Of Charge Short-term Entry Visa For Unmarried Partners

[Phil_ne_uk]

I wondered if any EU citizen here in Thailand has obtained a free of charge short-term entry visa from any EU country embassy in BKK for their partner who they cohabit with, as unmarried partners, allowing them to travel to Europe and apply for residency in any EU country on the basis of the European Parliament and Council Directive 2004/38/EC?

[orchidofsiam]

This is a very common application. To be eligible you must be a European national exercising your treaty rights in another EU country, usually by working there. Your partner applies for permission to enter the host country and after arrival, within six months, applies for a residence permit, usually valid for five years. There are no fees payable for these permissions. You must be able to prove that your partnership has existed for a minimum of two years.

[Phil_ne_uk]

This is a very common application. To be eligible you must be a European national exercising your treaty rights in another EU country, usually by working there. Your partner applies for permission to enter the host country and after arrival, within six months, applies for a residence permit, usually valid for five years. There are no fees payable for these permissions. You must be able to prove that your partnership has existed for a minimum of two years.

Thank you for your reply, however I am fully aware of the directive’s conditions.

What I want to know if anyone has been issued entry on the basis of the directive?

BTW, already working in the EU is not a requirement.

[orchidofsiam]

This is a very common application. To be eligible you must be a European national exercising your treaty rights in another EU country, usually by working there. Your partner applies for permission to enter the host country and after arrival, within six months, applies for a residence permit, usually valid for five years. There are no fees payable for these permissions. You must be able to prove that your partnership has existed for a minimum of two years.

Thank you for your reply, however I am fully aware of the directive's conditions.

What I want to know if anyone has been issued entry on the basis of the directive?

BTW, already working in the EU is not a requirement.

[orchidofsiam]

I did say 'usually.' There are other ways to satisfy the requirements, true.

[Phil_ne_uk]

I did say 'usually.' There are other ways to satisfy the requirements, true.

OK fair enough, so as a visa consultant company, do you know of anyone, or better still, have you helped anyone obtain a visa on this basis?

[7by7]

As the document says

Partners with whom an EU national has a de facto durable relationship, duly attested, are covered by Article 3(2)(.

The document also says

National rules on durability of partnership can refer to a minimum amount of time as a criterion for whether a partnership can be considered as durable.

For the UK this minimum period is two years; other states may have a shorter or longer minimum period.

Remember that these rules do not apply if the EU national is living in or moving to the state of which they are a citizen; unless they are already exercising their treaty rights in a different EU state with their partner and are now moving back to their own country.

I do not personally know of anyone who has done this, but have a recollection of reading in forums such as this of couples who have done so.

Are you asking simply out of curiosity, or do you have a specific situation in mind? If the latter, you will probably receive more helpful replies if you asked a specific question pertaining to that situation.

[Phil_ne_uk]

As the document says

Partners with whom an EU national has a de facto durable relationship, duly attested, are covered by Article 3(2)(.

The document also says

National rules on durability of partnership can refer to a minimum amount of time as a criterion for whether a partnership can be considered as durable.

For the UK this minimum period is two years; other states may have a shorter or longer minimum period.

Remember that these rules do not apply if the EU national is living in or moving to the state of which they are a citizen; unless they are already exercising their treaty rights in a different EU state with their partner and are now moving back to their own country.

I do not personally know of anyone who has done this, but have a recollection of reading in forums such as this of couples who have done so.

Are you asking simply out of curiosity, or do you have a specific situation in mind? If the latter, you will probably receive more helpful replies if you asked a specific question pertaining to that situation.

Thanks for your reply 7by7. I’m fully aware about how the directive is supposed to work in practice, however it seems that some of the EU states don’t, or refuse to implement the directive.

The Spanish embassy in BKK for example wouldn’t implement the directive in 2006. This I know from personal experience 3 years ago when we had an idea to move to Spain on the basis of the directive, and found them to be the most unhelpful bunch of B******s imaginable.

The only helpful replies required would be if someone posted saying they had or hadn’t been issued a visa for residency in any one of the EU states under the directive.

BTW, my specific question was stated in my initial post

As nobody has confirmed, it would seem that nobody has achieved this, or they haven’t read this post yet!

[7by7]

I asked you if you had a specific question in mind, rather than the general covers all of Europe one you asked, because the directive effectively allows individual states to set their own definition of what constitutes unmarried partners.

For example, the definition set by the Spanish may well be different, and harder to meet, than that set by the French. So someone saying that they applied to France and were successful does not mean that you would be successful if you applied to Spain.

If you are considering moving to a specific European state, then it would help people give you better advice if you were to say so.

If you merely want to know if unmarried partners qualify under these rules, then as both the directive itself and orchidofsiam say, the answer is 'Yes!'

[Phil_ne_uk]

I asked you if you had a specific question in mind, rather than the general covers all of Europe one you asked, because the directive effectively allows individual states to set their own definition of what constitutes unmarried partners.

If you mean am I interested in a certain country then yes, France. But my initial question is to determine if anyone has managed to obtain entry in to an EU country on the basis of the directive so as to see which countries have implemented the directive and which haven’t.

For example, the definition set by the Spanish may well be different, and harder to meet, than that set by the French. So someone saying that they applied to France and were successful does not mean that you would be successful if you applied to Spain.

That’s true, each country applies its own rules concerning the ways of proving the durable partnership. Having said that they cant be too fussy as the directive states…………

The requirement of durability of the relationship must be assessed in the light of the objective of the Directive to maintain the unity of the family in a broad sense.

National rules on durability of partnership can refer to a minimum amount of time as a criterion for whether a partnership can be considered as durable. However, in this case national rules would need to foresee that other relevant aspects (such as for example a joint mortgage to buy a home) are also taken into account. Any denial of entry or residence must be fully justified in writing and open to appeal.

If you are considering moving to a specific European state, then it would help people give you better advice if you were to say so.

I appreciate your concern, however but I don’t need advice about the directive. I’m just trying to see if anyone achieved this without problems from any of the EU countries.

If you merely want to know if unmarried partners qualify under these rules, then as both the directive itself and orchidofsiam say, the answer is 'Yes!'

Thanks again 7by7 but I am fully aware that unmarried partners are entitled to EU residence under the directive as long as they qualify.

[7by7]

Is it me, or has thread become pointless (if it wasn't to begin with)?

Phil_ne_uk, you say that you know the directive makes provision for unmarried partners and you know that it effectively allows member states to set their own definition of what unmarried partners are. Yet you want someone to confirm that they have followed this route successfully.

You could get a thousand replies from people who have; but if none of them had applied to France, how would that help you?

I suggest that you contact the French embassy to check their requirements.

Me? I can't be bothered with this anymore!

[Phil_ne_uk]

Me? I can't be bothered with this anymore!

Thank <deleted> for that!!

[worldfun]

yes I guess I did that for germany. well not getting residence though - just 90 days schengen stay (free of charge)....

I dont believe germany (easily) allowed residence if not married, but I may be wrong - seem spain is in similar state?

scandinavian countries are supposed to be more open minded in accepting 'cohabiting'

cheers & keep up your friendly mood!

[Phil_ne_uk]

yes I guess I did that for germany. well not getting residence though - just 90 days schengen stay (free of charge)....

I dont believe germany (easily) allowed residence if not married, but I may be wrong - seem spain is in similar state?

scandinavian countries are supposed to be more open minded in accepting 'cohabiting'

cheers & keep up your friendly mood!

Hi Worldfun, thanks for the info.

Phil

[shiatsuman]

Me? I can't be bothered with this anymore!

Thank <deleted> for that!!

how rude makes me ashamed of being a Brit, a little more giving and the Op may recieve.