1, Sch. 2(c), F22Words in Sch. The Civil Partnership Act 2004 was passed by the Westminster Parliament in November 2004, and came into effect on December 5th 2005. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. The Schedules you have selected contains over 200 provisions and might take some time to download. <> 2005/3135), art. 3(e), F23Sch. para. 20 Pt. Amendments) Order 2005 (S.I. 4, F9Sch. 20 inserted (31.1.2013) by The Civil Partnership Act 2004 (Overseas Relationships) Order 2012 (S.I. 20 inserted (31.1.2013) by The Civil Partnership Act 2004 (Overseas Relationships) Order 2012 (S.I. Act you have selected contains over The first date in the timeline will usually be the earliest date when the provision came into force. 1 , Sch. 10 0 obj 5) and words omitted (N.I.) Therefore, the EUSS family permit success and refusal rate are 76.94% and 20.68%, respectively. 1 substituted (N.I.) 2019/1514), regs. 16, F32Words in Sch. See the section on ‘Application to remain’ for more details. (2)If an application for an order under section 2 of this Act is made by the surviving civil partner, the court shall, notwithstanding anything in section 1 or section 3 of this Act, have power, if it thinks it just to do so, to treat the surviving civil partner as if the order mentioned in subsection (1)(a) above had not been made. For further information see the Editorial Practice Guide and Glossary under Help. %PDF-1.7 Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. 2014/287, art. Evidence of the registration must be submitted, as well as evidence that the couple meet the income requirement. (with art. At the end of five years’ residency in the UK, provided that the EEA national partner continues to exercise treaty rights throughout the period, their partner may acquire permanent residence. 3(f), F16Words in Sch. Under European regulations, the husband/wife or civil partner of EEA nationals have the right to reside in the UK, provided the EEA national partner is in employment, self-employment, in study or is self-sufficient in the UK. Certainly, the EEA family permit continues to remain a separate entry clearance route for non-EEA family members. endstream Australia or the US) and does not have a degree taught in English, then they must pass an English language test with one of the UK Border Agency's approved test providers. The UK must also recognise the overseas marriage or civil partnership. However, the decision-maker usually assesses an applicant’s suitability on a case by case basis. 1 substituted (E.W.) 19, F37Sch. 6-9), A relationship is specified for the purposes of section 213(1)(b) (specified relationships between two people who are not of the same sex) if it is registered in a country or territory given in the first column of the table and fits the description given in relation to that country or territory in the second column—. The ceremony for either should therefore take place within the six month visa validity period. 5, F13Sch. Accordingly, they will be able to do so after the end of the planned implementation period on 31 December 2020. Accordingly, an adopted child and a child born through surrogacy (where recognised in UK law or Islands law) for the relevant EEA citizen or their spouse or civil partner can apply for EUSS family permit. 20 inserted (31.1.2013) by The Civil Partnership Act 2004 (Overseas Relationships) Order 2012 (S.I. On 8th July 2012, changes were made to immigration rules which will affect those who applied for a visa under UKBA partnership rules, on or before this date. 17, F33Words in Sch. 20 inserted (31.1.2013) by The Civil Partnership Act 2004 (Overseas Relationships) Order 2012 (S.I. Different options to open legislation in order to view more content on screen at once. 1, Sch. Amendments) Order 2005 (S.I. as a student), the other may apply for permission to enter the UK as their dependant. 2 0 obj Please think about your privacy - clear browsing history if necessary. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. 2012/2976), art. Dependent on the legislation item being viewed this may include: This timeline shows the different points in time where a change occurred. The Whole Act you have selected contains over 200 provisions and might take some time to download. 20 inserted (31.1.2013) by The Civil Partnership Act 2004 (Overseas Relationships) Order 2012 (S.I. 20: entries inserted (5.12.2005) by The Civil Partnership Act 2004 (Overseas Relationships) Order 2005 (S.I. 3, sch. 2005/3135), art. Usually, an ECO considers a valid EU settlement scheme (EUSS) family application by using: Therefore, if an ECO cannot assess the eligibility requirement EU settlement scheme family permit then may contact the applicant for obtaining requisite information. The first date in the timeline will usually be the earliest date when the provision came into force. The affecting statutory instrument has no legal effect. Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. 2012/2976) , art. <> However, a child does not include a child cared for by a relevant EEA citizen or their spouse or civil partner solely by virtue of a formal or informal fostering arrangement. 11, F27Words in Sch. However, the ECO needs to base inferences on the available information and circumstances. In fact, the required evidence of the family relationship is:eval(ez_write_tag([[250,250],'ukvisa_blog-leader-4','ezslot_9',198,'0','0'])); In fact, a child, grandchild or a great-grandchild aged under or over 21, of a relevant EEA citizen or of his/her spouse or civil partner can apply for EU settlement scheme family permit. Dependent on the legislation item being viewed this may include: This timeline shows the different points in time where a change occurred. para. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. 20 inserted (31.1.2013) by The Civil Partnership Act 2004 (Overseas Relationships) Order 2012 (S.I. 20 inserted (31.1.2013) by The Civil Partnership Act 2004 (Overseas Relationships) Order 2012 (S.I. If an applicant provides false information then the EU settlement scheme family permit application is refused under rule FP7(3). para. 2005/3135), art. And perhaps also, where registered, the father’s name. 3 0 obj No changes have been applied to the text. a dissolution order, nullity order, separation order or presumption of death order has been made under Chapter 2 of Part 2 of the Civil Partnership Act 2004 in relation to a civil partnership, one of the civil partners dies within twelve months from the date on which the order is made, and, an application for a financial provision order under Part 1 of Schedule 5 to that Act or a property adjustment order under Part 2 of that Schedule has not been made by the other civil partner, or. It was not debated and approved within 28 days, so it has expired with no effect. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. 20 inserted (31.1.2013) by The Civil Partnership Act 2004 (Overseas Relationships) Order 2012 (S.I. If an applicant meets the eligibility requirements in rule FP6, and application is not refused on suitability grounds under rule FP7 then an applicant gets an EU Settlement Scheme (EUSS) Family Permit for 6 months from the date of the decision. Geographical Extent: stream 20: words in entry substituted (5.12.2005) by The Civil Partnership Act 2004 (Overseas Relationships and Consequential, etc. And also whether they have been open and honest in their application. Accordingly, a non-EEA parent needs to establish that he/she is the direct relative in the ascending line of the relevant EEA citizen or of their spouse or civil partner. 1, Sch. 20 inserted (31.1.2013) by The Civil Partnership Act 2004 (Overseas Relationships) Order 2012 (S.I. For further information see the Editorial Practice Guide and Glossary under Help. And also, if the applicant was the durable partner of the relevant EEA citizen before the specified date. An overseas national partner of a ‘settled’ person may apply for immigration permission to remain in the UK on the basis of a marriage or civil partnership, if they either entered the UK with a Fiancé(e)/ Proposed Civil Partner visa, or a valid visa was issued for more than six months. 26(3), 36; S.S.I. 2019/1514), The Civil Partnership Act 2004 (Overseas Relationships) Order 2005 (S.I. Perhaps, a spouse of a relevant EEA citizen can apply for EU settlement scheme family permit if the marriage contracted before the specified date.

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