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The husband/wife or civil partner may apply for an EEA Family Permit at any British Diplomatic Post overseas.
Evidence of the registration of their marriage or civil partnership and the EEA partner's nationality must be submitted with the application.
An EEA Family Permit will be issued for six months.
Once the non-EEA partner is in the UK, they may then apply for a Residence Card to confirm their right of residence in the UK as an EEA Family Member. 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.
Please note that the option to register a marriage or civil partnership is only available at certain British Diplomatic Posts.If you entered into a legal partnership overseas - that isn’t a marriage - you will be treated as civil partners.If the marriage or civil partnership is not recognised by the UK then in some circumstances applicants may apply to a British Diplomatic Post overseas to request recognition.The following visa options allow you to live in Australia as a temporary or permanent resident if you are granted a partner category visa.
British, EEA nationals or those who hold Indefinite Leave to Remain/Permanent Residence have the right to reside in the UK, and can register a marriage or civil partnership here.
The changes will apply to Partner visas (subclasses 100, 309, 801 and 820) and to all other visas where you can include your spouse in your application.