Irish Same Sex Partnership

[padlin]

I am Irish - living in Thailand with my partner for eight years. I would like to enter a parnership with him mainly to facilitate visa requirements for our frequent visits to UK and Ireland.

As an Irish citizen I wonder if I can enter such a partnership here in Thailand via British embassy ... or if not what is my best option. We don't intend living in UK permanently but living between Thailand (where we have property in dual names) and UK. While in UK my Thai partner would be interested in working.

Could anyone help me with info?

Thank you.

[soundman]

Moved to migration to other countries forum.

[JohnC]

British Embassy in Thailand will not perform same sex marriage. I believe it can be done in Cambodia but you have to stay over for about a month even after that you will have many problems in getting him permission to work in the Uk as Im sure many married couples on here can testify. Also getting a visa to visit is no easier for married couples than it is for singles!

[Eff1n2ret]

I think your partner should qualify for an EEA Family Permit to enter the UK - see this from the relevant caseworking instructions:-

"EC law now recognises “durable relationships”. For this reason an applicant may also be considered under regulation 8 if s/he:

Is the EEA national’s partner (other than a civil partner) and can show the decision maker that s/he is in a durable relationship with the EEA national.

Evidence of a “durable relationship” is based on the criteria set out in Chapter 8, Section 7 of the Immigration Rules."

Turning to the Immigration Rules, the "durable relationship" would be defined thus:-

"295A. The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the unmarried or same-sex partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement, are that:

(i) (a) the applicant is the unmarried or same-sex partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement and the parties have been living together in a relationship akin to marriage or civil partnership which has subsisted for two years or more;

(ii) any previous marriage or civil partnership (or similar relationship) by either partner has permanently broken down; and

(iii) the parties are not involved in a consanguineous relationship with one another;"

Under the UK Immigration Rules the above would lead to a visa for 2 years, and Para 295(i)b which I haven't quoted also provides for Indefinite Leave to Enter if the parties have been together for 4 years. Either way, you would appear to meet the criteria for an EEA Family Permit, which is free of charge, valid for 6 months and confers the right to work in the UK. Normally those wishing to settle long-term would apply within the 6 months for a 5-year residence card, but if you're dividing your residence between UK and Thailand, there's nothing to stop you applying for a Family Permit each time you want to come. Even if you stay a bit longer than 6 months, it's not a breach of UK Immigration Legislation. Further good news is, that under what is known as the "Surinder Singh" law, having lived and worked in the UK for a few months you (i.e. your partner) would also qualify for an EEA Family Permit to enter Ireland. I've no idea what the rules about civil partnerships, & contracting one with a foreigner, are in Ireland, but if you wanted to tie the knot you could look at doing so there.

Edited September 29, 2009 by Eff1n2ret

[oggie911]

I think your partner should qualify for an EEA Family Permit to enter the UK - see this from the relevant caseworking instructions:-

"EC law now recognises "durable relationships". For this reason an applicant may also be considered under regulation 8 if s/he:

Is the EEA national's partner (other than a civil partner) and can show the decision maker that s/he is in a durable relationship with the EEA national.

Evidence of a "durable relationship" is based on the criteria set out in Chapter 8, Section 7 of the Immigration Rules."

Turning to the Immigration Rules, the "durable relationship" would be defined thus:-

"295A. The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the unmarried or same-sex partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement, are that:

(i) (a) the applicant is the unmarried or same-sex partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement and the parties have been living together in a relationship akin to marriage or civil partnership which has subsisted for two years or more;

(ii) any previous marriage or civil partnership (or similar relationship) by either partner has permanently broken down; and

(iii) the parties are not involved in a consanguineous relationship with one another;"

Under the UK Immigration Rules the above would lead to a visa for 2 years, and Para 295(i)b which I haven't quoted also provides for Indefinite Leave to Enter if the parties have been together for 4 years. Either way, you would appear to meet the criteria for an EEA Family Permit, which is free of charge, valid for 6 months and confers the right to work in the UK. Normally those wishing to settle long-term would apply within the 6 months for a 5-year residence card, but if you're dividing your residence between UK and Thailand, there's nothing to stop you applying for a Family Permit each time you want to come. Even if you stay a bit longer than 6 months, it's not a breach of UK Immigration Legislation. Further good news is, that under what is known as the "Surinder Singh" law, having lived and worked in the UK for a few months you (i.e. your partner) would also qualify for an EEA Family Permit to enter Ireland. I've no idea what the rules about civil partnerships, & contracting one with a foreigner, are in Ireland, but if you wanted to tie the knot you could look at doing so there.

gays cant marry in ireland but if have uk passport you can in uk embassy in any country do you not read the papers in irish papers all last week gays? need a uk passport,good ole ireland

[Eff1n2ret]

I think your partner should qualify for an EEA Family Permit to enter the UK - see this from the relevant caseworking instructions:-

"EC law now recognises "durable relationships". For this reason an applicant may also be considered under regulation 8 if s/he:

Is the EEA national's partner (other than a civil partner) and can show the decision maker that s/he is in a durable relationship with the EEA national.

Evidence of a "durable relationship" is based on the criteria set out in Chapter 8, Section 7 of the Immigration Rules."

Turning to the Immigration Rules, the "durable relationship" would be defined thus:-

"295A. The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the unmarried or same-sex partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement, are that:

(i) (a) the applicant is the unmarried or same-sex partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement and the parties have been living together in a relationship akin to marriage or civil partnership which has subsisted for two years or more;

(ii) any previous marriage or civil partnership (or similar relationship) by either partner has permanently broken down; and

(iii) the parties are not involved in a consanguineous relationship with one another;"

Under the UK Immigration Rules the above would lead to a visa for 2 years, and Para 295(i)b which I haven't quoted also provides for Indefinite Leave to Enter if the parties have been together for 4 years. Either way, you would appear to meet the criteria for an EEA Family Permit, which is free of charge, valid for 6 months and confers the right to work in the UK. Normally those wishing to settle long-term would apply within the 6 months for a 5-year residence card, but if you're dividing your residence between UK and Thailand, there's nothing to stop you applying for a Family Permit each time you want to come. Even if you stay a bit longer than 6 months, it's not a breach of UK Immigration Legislation. Further good news is, that under what is known as the "Surinder Singh" law, having lived and worked in the UK for a few months you (i.e. your partner) would also qualify for an EEA Family Permit to enter Ireland. I've no idea what the rules about civil partnerships, & contracting one with a foreigner, are in Ireland, but if you wanted to tie the knot you could look at doing so there.

gays cant marry in ireland but if have uk passport you can in uk embassy in any country do you not read the papers in irish papers all last week gays? need a uk passport,good ole ireland

As I said, I have no idea about Irish law relating to civil partnerships, but the point of my post was to demonstrate that the OP doesn't need a formal partnership to qualify his partner for entry to the UK, which is relatively easy under EEA regulations, and he originally said that the main reason for getting spliced was to facilitate such entry. He would have to check with the Irish authorities whether, having exercised his treaty rights in the UK, they would recognise the relationship for the purposes of an EEA Family Permit in Ireland.

[Boksida]

Your partner will have to make the situation very clear when he explains it to the British Embassy. They might accuse him of being a paddyphile.

[Eff1n2ret]

Your partner will have to make the situation very clear when he explains it to the British Embassy. They might accuse him of being a paddyphile.

They won't give him a Permit if they think he isn't one!

[padlin]

Thanks a lot for all this useful information. The problem is that I am not British but Irish. So, it seems, I need a UK passport. Does anyone know if I qualify for a UK passport?

[padlin]

British Embassy in Thailand will not perform same sex marriage. I believe it can be done in Cambodia but you have to stay over for about a month even after that you will have many problems in getting him permission to work in the Uk as Im sure many married couples on here can testify. Also getting a visa to visit is no easier for married couples than it is for singles!

Thank you very much for this Eff1n2ret. On second reading I see this is the way for me to go.

Very interesting and it sounds so easy ... I qualify I am sure and it entitles my partner to work which is a big consideration.

Thanks again

[JimmyTheMook]

It'd be a cinch if your names were

Patrick Fitzgerald & Gerald Fitzpatrick

[Bisto]

all the information is here.

https://www.visas.inis.gov.ie/AVATS/OnlineHome.aspx

and to be noted all visa to Ireland have to be done on line by your Thai girlfriend ect they can check where your ip is coming from.

Edited September 30, 2009 by Bisto

[padlin]

I am wondering now

Eff1n2ret if I apply through an Irish Consular office if they issue an EFA FP if this is good for UK or indeed any european country or should one apply seperately?

[oggie911]

Thanks a lot for all this useful information. The problem is that I am not British but Irish. So, it seems, I need a UK passport. Does anyone know if I qualify for a UK passport?

if any of your parents where from the uk or n,ireland or grand parents or join the miltary they will give you a british passport

[dr_Pat_Pong]

Thai law does not recognize same sex relationships at all. Common law/de facto relationships between males and females are not recognized by Thai laws either.

[Eff1n2ret]

I am wondering now

Eff1n2ret if I apply through an Irish Consular office if they issue an EFA FP if this is good for UK or indeed any european country or should one apply seperately?

No, it's not valid for entry anywhere else.

But I hope you understand that if your first application is for travel to Ireland, you can only apply under Irish Immigration Rules, not under the EEA provisions. You (i.e. your partner) can apply to the UK (or any other European country) for an EEA FP because you are an EEA national exercising your Treaty Rights to live and work in the EU outside your own country. Having done that, EEA law also says that you have then acquired the right to the same treatment in your own country, so you can then apply for an EEA FP to go to Ireland. If at some stage you get a FP for one of the Schengen area countries, you could use that throughout mainland EU. But I think you would have to take all these FPs in turn, not concurrently, because the principle is that you are moving from one country to another. If anyone knows of concurrent EEA Family Permits/Residence cards, I would be interested to hear.

[padlin]

I am wondering now

Eff1n2ret if I apply through an Irish Consular office if they issue an EFA FP if this is good for UK or indeed any european country or should one apply seperately?

No, it's not valid for entry anywhere else.

But I hope you understand that if your first application is for travel to Ireland, you can only apply under Irish Immigration Rules, not under the EEA provisions. You (i.e. your partner) can apply to the UK (or any other European country) for an EEA FP because you are an EEA national exercising your Treaty Rights to live and work in the EU outside your own country. Having done that, EEA law also says that you have then acquired the right to the same treatment in your own country, so you can then apply for an EEA FP to go to Ireland. If at some stage you get a FP for one of the Schengen area countries, you could use that throughout mainland EU. But I think you would have to take all these FPs in turn, not concurrently, because the principle is that you are moving from one country to another. If anyone knows of concurrent EEA Family Permits/Residence cards, I would be interested to hear.

Thanks again Eff1nret! You are very clear. You sound like a lawyer. I am so pleased with this news. It is obviously the way for me to go.

Thanks again.

[Eff1n2ret]

You sound like a lawyer.

Thanks again.

Oh, good. Is your cheque in the post?