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EU Settled and US citizen: French PACS for Family visa?

General UK immigration & work permits; don't post job search or family related topics!

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cdcmgn
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France

EU Settled and US citizen: French PACS for Family visa?

Post by cdcmgn » Sun Mar 05, 2023 11:13 am

Hi,

I am a French national, 5 years in the UK, and settled. My partner (opposite sex) of 1 year is a US citizen, working for a US company as a freelancer, going in and out of the UK.

I've read a few thread about similar situations, but I would like a more straightforward answer, if possible :-)

We want her to live and work in the UK and are exploring different avenues. Marriage in the UK is an option, we are also considering a French PACS.

PACS
If we were to get a French PACS at the French consulate, would it be recognised as a civil partnership, enabling us to get a Family visa?
Or do we need to get a PACS in France? The guidance is not clear to me on this.

Family visa
Our understanding is that she would be able to work and get a legal life in the UK under the Family visa. Is this correct?

Once we have a Family visa, would my partner be able to apply for pre-settled?

Lawyer
Should we consider a lawyer to help with the above process?

Thank you!

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CR001
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Re: EU Settled and US citizen: French PACS for Family visa?

Post by CR001 » Sun Mar 05, 2023 11:23 am

Your partner cannot apply under the EU Settled or pre Settled status as your relationship started after 31st December 2020.

The only route for your partner is the spouse/partner visa. Any civil partnership or marriage is accepted.

You do not need a lawyer.
working for a US company as a freelancer, going in and out of the UK
She is NOT permitted to work, even remotely, in the UK as a visitor.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

cdcmgn
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Posts: 2
Joined: Sun Mar 05, 2023 11:02 am
France

Re: EU Settled and US citizen: French PACS for Family visa?

Post by cdcmgn » Sun Mar 05, 2023 6:02 pm

Thank you for your reply, much appreciated.
CR001 wrote:
Sun Mar 05, 2023 11:23 am
Any civil partnership or marriage is accepted.
On this page on the French embassy's website, it says:

(Pardon the Google Translate)
A PACS entered into at the Consulate General of France in London is considered an "overseas relationship" within the meaning of Schedule 20 of the Civil Partnership Act of 2004, is recognized as a civil partnership by the British authorities, and produces civil effects between the partners ( https://www.gov.uk/government/publicati ... ners-set04)

However, the PACS celebrated and dissolved at the consulate are not recognized by the British authorities for any application for immigration to British territory (visa, Settled Status, etc.).
Only PACS concluded in France (with a town hall, a court, etc.) and divorce by decree absolute before the British authorities are recognized by the local authorities.
For more information: https://www.gov.uk/government/publicati ... ners-set04
I can't find this information anywhere else, so I'm wondering if this is outdated.
CR001 wrote:
Sun Mar 05, 2023 11:23 am
She is NOT permitted to work, even remotely, in the UK as a visitor.
Do you mean now? If so, we know that, she does not. With the Family visa, it sounds like she'll be able to work for UK companies, which she wishes.

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