Hi,

I am a little bit confused. I want my Thai partner (girlfriend) to enter the UK as my unmarried partner.

In the 'Information for applicants on the new English language requirement for partners' sheet it states:

The new English requirement does not apply to the following groups of applicants:

• spouse or partner of an EEA national

Does this mean that if she was already granted stay as my partner in another (i.e. Not the UK) EEA country, that she wouldn't need to pass the test?

It's confusing because the UK is an EEA country? This would exempt nearly all applications on here. So it must mean existing partner, is that right???

Thanks

It's incredibly irritating that there isnt a probationary period for passing the test like the fiancee visa has of 6 months.

The UK is an EEA state so a British citizen is also an EEA national. But, applications by an EEA national for their non EEA national spouse or partner and/or family to settle with them in their home state are not made under the EEA regulations but the individual immigration laws of the state concerned.

However, if an EEA national has been exercising an economic treaty right (e.g. working) in an EEA state other than his home state and his non EEA national family have been living there with him, then said non EEA national family members can apply to return with him to his home state using the EEA regulations.

So, assuming you are British, if you had been exercising an economic treaty right in an EEA state other than the UK and your Thai partner had been living there with you and you then returned to the UK she could use the EEA regulations rather than the UK immigration rules and so would not need to meet this requirement.

Also, if you are not British but the national of another EEA state then she would use the EEA route to live with you in the UK and would not need to meet this requirement.

Sorry if that's a bit long winded, but it can get complicated when talking about the EEA regulations.

Fiances do not have a 6 months probationary period in which to pass the test. Like other applicants their evidence of satisfying the requirement must be submitted with their initial visa application. The new requirement applies to anyone applying under the UK immigration rules for a settlement visa as the husband, wife, civil partner, fiance(e), proposed civil partner, unmarried partner or same-sex partner of a British citizen or person settled in the UK.