EU citizen traveling with "durable partner"

[syvictoria]

Article 3 of DIRECTIVE 2004/38/EC states as follows (with 2(b) being the main point of interest here):

Article 3

Beneficiaries

1. This Directive shall apply to all Union citizens who move to or reside in a Member State other than that of which they are a national, and to their family members as defined in point 2 of Article 2 who accompany or join them.
2. Without prejudice to any right to free movement and residence the persons concerned may have in their own right, the host Member State shall, in accordance with its national legislation, facilitate entry and residence for the following persons:
(a)
any other family members, irrespective of their nationality, not falling under the definition in point 2 of Article 2 who, in the country from which they have come, are dependants or members of the household of the Union citizen having the primary right of residence, or where serious health grounds strictly require the personal care of the family member by the Union citizen;

(b)
the partner with whom the Union citizen has a durable relationship, duly attested.

The host Member State shall undertake an extensive examination of the personal circumstances and shall justify any denial of entry or residence to these people.

Does anyone have experience of entering the EU/travelling with a "durable partner"? I.e.: Someone with whom you (EU citizen) can demonstrate a longstanding relationship with, as opposed to a spouse or legal/civil partner. If so, what evidence of durability did you provide?

 

[mjcoon]

Article 3 of DIRECTIVE 2004/38/EC states as follows (with 2(b) being the main point of interest here):



Does anyone have experience of entering the EU/travelling with a "durable partner"? I.e.: Someone with whom you (EU citizen) can demonstrate a longstanding relationship with, as opposed to a spouse or legal/civil partner. If so, what evidence of durability did you provide?

Sounds a bit like Terry's use of "the current Mrs Wogan"!

 

[Irish Rover]

Article 3 of DIRECTIVE 2004/38/EC states as follows (with 2(b) being the main point of interest here):



Does anyone have experience of entering the EU/travelling with a "durable partner"? I.e.: Someone with whom you (EU citizen) can demonstrate a longstanding relationship with, as opposed to a spouse or legal/civil partner. If so, what evidence of durability did you provide?

I don't have direct experience but I did have occasion to look at this some time ago. My understanding is that a lot will depend on how the host country you are visiting defines partner for citizens in their own country. If you don't fall within their definition they still have to consider your application but have a lot more discretion about granting/refusing/required levels of proof.

 

[Graham376]

Article 3 of DIRECTIVE 2004/38/EC states as follows (with 2(b) being the main point of interest here):



Does anyone have experience of entering the EU/travelling with a "durable partner"? I.e.: Someone with whom you (EU citizen) can demonstrate a longstanding relationship with, as opposed to a spouse or legal/civil partner. If so, what evidence of durability did you provide?

My understanding is that partner has to be a "legal" partner and paperwork may have to be presented to authenticate. When I applied for permanent residence, we had to produce certified translation of marriage certificate. Wife is EU citizen, I'm not.

 

[SimonX]

Well, my first wife wasn't a very durable partner...
I think its probbaly aimed at states where gay marriage isn't legalised and/or there is legislation on what used to be known as common law partners
Unmarried couples (cohabitation) – rights/obligations across Europe - Your Europe

 

[RunAgroundHard]

My understanding is that partner has to be a "legal" partner and paperwork may have to be presented to authenticate. When I applied for permanent residence, we had to produce certified translation of marriage certificate. Wife is EU citizen, I'm not.

Indeed. Certain civil partnerships in Europe, which are just as legal as marriage for all sorts of stuff, were not compliant with many Middle Eastern countries. There was a certificate you could get that satisfied the definition for countries that demanded civil or religious marriage certificates.

 

[syvictoria]

My understanding is that partner has to be a "legal" partner...

I don't think so, as a legal partner would fall under article 2(b):

2.
‘family member’ means:

(a)
the spouse;

(b)
the partner with whom the Union citizen has contracted a registered partnership, on the basis of the legislation of a Member State, if the legislation of the host Member State treats registered partnerships as equivalent to marriage and in accordance with the conditions laid down in the relevant legislation of the host Member State;

Article 3 defines possible additional members of a family/household which are not necessarily part of the accepted standard legal unit, and hence no specific method of proving the relationship is included unfortunately.

 

[Graham376]

I don't think so, as a legal partner would fall under article 2(b):



Article 3 defines possible additional members of a family/household which are not necessarily part of the accepted standard legal unit, and hence no specific method of proving the relationship is included unfortunately.

I don't understand your reply. I said I think partner has to be a "legal" partner, and 2(b) says the same - the partner with whom the Union citizen has contracted a registered partnership

In other words, you can't just say someone is your partner, it has to be a provable formalised relationship.

EUR-Lex - 02004L0038-20110616 - EN - EUR-Lex

 

[syvictoria]

I don't understand your reply. I said I think partner has to be a "legal" partner, and 2(b) says the same - the partner with whom the Union citizen has contracted a registered partnership

In other words, you can't just say someone is your partner, it has to be a provable formalised relationship.

EUR-Lex - 02004L0038-20110616 - EN - EUR-Lex

2(b) relates to legal partners, 3(b) to durable partners. The former can be demonstrated by way of a civil partnership certificate. It's the latter that I'm asking about here. It would seem, on the face of it, that an unmarried/unofficial/common-law partner that can also travel with an EU citizen so long as the durability of their relationship can be sufficiently demonstrated/attested. I'm wondering how this has been achieved in practice, if anytime here has.

 

[syvictoria]

Further information is provided here:

Guidance on the right of free movement of EU citizens and their families

 

[pandos]

2(b) relates to legal partners, 3(b) to durable partners. The former can be demonstrated by way of a civil partnership certificate. It's the latter that I'm asking about here. It would seem, on the face of it, that an unmarried/unofficial/common-law partner that can also travel with an EU citizen so long as the durability of their relationship can be sufficiently demonstrated/attested. I'm wondering how this has been achieved in practice, if anytime here has.

directives are not directly applicable in the same way as regulations because they require member states to enact national legislation to be implemented. Directives set a goal that all member states must achieve, but leave it up to each country to decide the "form and methods" to meet that goal by a specific deadline.

It's up to the individual member state to legislate for the durable relationship bit, durable and attest will be what each state requires/ defines those terms as in their own legislation.

You need to go to the individual member state to deduce what durable relationship and suitably attested means to them, experience of another person in the same country may be relevant but may not reflect the treatment you can expect elsewhere.

 

[Sea Change]

We spent about eighteen months continuously in Schengen, and carried birth and marriage certificates to prove that we were a nuclear family.
Not once were we asked to produce them.

 

[syvictoria]

We spent about eighteen months continuously in Schengen, and carried birth and marriage certificates to prove that we were a nuclear family.
Not once were we asked to produce them.

I suspect that would be the case the vast majority of the time, and persuading border control that we were a family unit would be the only challenge. We've travelled Europe extensively for the last 20+ years, and I only remember having our passports examined maybe twice (ignoring border control), and both times they were far more interested in checking our mode of transport than us (once boat, once car).

 

[AntarcticPilot]

This may be relevant, but perhaps not. When my late wife was applying for a Spouse visa, we had to provide evidence of our relationship (marriage certificate obviously, but we needed to provide evidence that it wasn't a marriage of convenience!). We were able to provide transcripts of our internet chat sessions, and this was regarded as satisfactory.

 

[newtothis]

This may be relevant, but perhaps not. When my late wife was applying for a Spouse visa, we had to provide evidence of our relationship (marriage certificate obviously, but we needed to provide evidence that it wasn't a marriage of convenience!). We were able to provide transcripts of our internet chat sessions, and this was regarded as satisfactory.

Good grief! The way my other half an I talk in private would probably get us banned from travelling for life.

 

[syvictoria]

I'm hoping that joint bank accounts and multiple title deeds going back a decade will suffice...? We've actually been together for over 30 years, so surely we have something that demonstrates a durability!

Edited to add: My phone SMS records with the other half go back to 2024, so thanks @AntarcticPilot for the suggestion of 'chats'. As a complete aside, it's quite incredible how much we discuss what we're having for tea that night!!!

 

[Frogmogman]

When we first moved to France in 1988, before we wed, I was able to get a “Certificate de Concubinage” from the local Mairie, which stated that my other half was officially my concubine

 

[mjcoon]

When we first moved to France in 1988, before we wed, I was able to get a “Certificate de Concubinage” from the local Mairie, which stated that my other half was officially my concubine

Wow, I thought that concubines were not mutually exclusive, but would exclusivity be not as necessary as durability? Tricky stuff...

 

[AntarcticPilot]

When we first moved to France in 1988, before we wed, I was able to get a “Certificate de Concubinage” from the local Mairie, which stated that my other half was officially my concubine

Tricky one! Concubinage was a thing in Hong Kong until fairly recently - well into my late wife's adulthood. For that reason she objected strongly to me speaking of her as my second wife; to her it meant concubine!

I just checked, and it was legal and recognised until 1971. After 1971 no new (legally recognised) unions could be entered into, but existing ones were honoured; apparently cases still arise in the courts where there are issues about inheritance etc.