Can a common law couple register with the authorities in UK? If so, what is the procedure?

Question

I'm trying to help a couple that wants to move to Spain from the UK. One has a British passport so that's not a problem but the guy has a South African passport so he is a non EU citizen. They've been living together for 10 years, the last 2 and a half in the UK. Is there any way they can register as a common law couple in the UK? I was told that if they have some certificate to prove they've been living together then things will be easier in Spain. Thank you in advance.

Answer 1

There's actually no such thing as a "common law marriage", it's an urban myth.  Well in the UK. If they want the benefits of marriage, they're going to have to, you know, actually get married.

If that means a registry office ceremony and saving up for a proper big deal celebration later, thats as it will have to be.

Answer 2

In some eea states the allow couples to register their relationship with out getting married but I don't think they do this in the UK.

as a eea citizen the Brit has freedom of movement and does not need any documents to live in Spain.

European law allow eea citizens and their family members to live in eea countries provided the eea can prove they are exercising treaty rights (work ,self employment ,economically self sufficient are the main ways).

As they are not married they would need to provide evidence that they are in a durable relationship. In this country they ask for two years worth of evidence such as bank statements utility bills, council tax bills, mortgage / rent agreement preferable in joint names but as long as they have documents at the same address they should be OK.

The south African will first have to apply for entry clearance from the UK .

The can apply for leave in spain under European law

I suggest they check out the Spanish embassy's web site .

Answer 3

There is a visa called the Unmarried Partner visa (also known as the De Facto visa) which allows a couple to live and work in the UK when one partner is British and they can both show they have been living together in a relationship akin to marriage for a period of 2 years.  This visa is not easy to get.  There are many strict documentary requirements set by the Home Office for the 2 year period.  A successful application will give the foreign national 2 years leave to remain in the UK and if the relationship is still subsisting after that time the foreign national can apply for Indefinite Leave to Remain (ILR).

If the non-British partner is in the UK then they may be able to switch their status without returning home if the immigration rules allow them to do so.  If the non-British partner is outside of the UK then the application must be lodged at the person’s country of legal residence.