Freedom Of Movement Between Schengen Countries

[Phil_ne_uk]

Does anyone know if a non EU citizen is issued a with a family permit for entry and residence into say, the UK or any other EU country that recognises “registered partnerships” as equivalent to marriage as stated in the directive 2004/38/EC. Does this also allow them to move to live in any of the other EU countries? Or would it only allow them residency in the other countries that recognise “registered partnerships” as equivalent to marriage? (Which would mean that they don’t have EU rights as a UK citizen has?)

Alternatively, would they have to wait until them were issued, for example, a British passport before they had the SAME Freedom of movement rights as a UK citizen (or whichever country it was that they obtained residency?

[johnnyk]

Each country maintains its own entry/residency standards and regulatins but to the best of my knowledge only EU citizens would have full residency rights in all EU countries.

You would have to apply separately if you wished to move from the UK to Germany for example.

Passports are granted only to citizens, not visitors so any travel between EU countries would be on a non-EU passport regardless of where you reside.

Edited November 5, 2006 by johnnyk

[GU22]

With respect, I think you are clutching at straws.

As Spain doesn't recognise your relationship as being a "durable relationship, duly attested" then I assume that you are now thinking of applying to a country that does and then moving from there to Spain?

Forget the idea.

For your partner to qualify for a FP from any EU/EEA country you have to either already be resident there or you need to show that you are moving there at the same time as your partner in order to take up residence. This means that you have to have a job in that country or some other means of supporting yourselves. Remember, too, that you cannot get her an EU/EEA family permit for the UK as you are a UK citizen, but you could get her an unmarried partners visa for the UK, assuming you satisfy the relevant criteria.

Even if you did get her an FP to another EU/EEA state then, I believe, you will not be able to move to a different state without first getting a FP issued by that state. My understanding is that a FP issued by one state only allows a non EU/EEA national to reside in the state that issued it, but I stand to be corrected by someone more knowledgeable than I if I am wrong about this. Certainly, if she were resident in the UK with a UK settlement visa this would not entitle her to reside in another member state without first getting a FP issued by that state.

The non EU/EEA partner of an EU/EEA national does not have the same rights as an EU/EEA national, because they are not one. Their partner has the right to obtain a FP for them, provided certain criteria are met.

Of course, you could both move to the UK with an unmarried partners visa. Once she is time qualified (5 years as she is not your spouse or CP) and has passed her citizenship/English tests she could apply for British citizenship. When she becomes a British citizen she would have the same rights of freedom of movement within the EU/EEA as any other EU/EEA citizen. Being resident in another EU/EEA country means that she could at some point apply to become a citizen of that country. Different states have different rules and procedures for this.

Or you could just marry her. You seem to be going to extraordinary lengths to avoid taking this simple step to overcome the difficulty you have in obtaining a FP for Spain, and I can't help but wonder why.

Your problem is very similar to the one my brother was in several years ago when his company posted him to Singapore. He had been living with his girlfriend for some time, but the Singapore government would not grant her a residence visa as they were not married,

So off we all went to the registry office. Problem solved.

Edited November 5, 2006 by GU22