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TIER 4 Visa and marriage

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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page701
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TIER 4 Visa and marriage

Post by page701 » Sun Dec 07, 2014 12:51 am

Hello

Hello

A friend of mine has a TIER 4 Visum and study in England. He has a girl friend from another EU country and they want to marry next year. Because he is still in the UK, he could not apply for the EEA family permit. What he must do for getting a resident permit? Which possibilities he has?

Thank you very much for some informations

vinny
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Re: TIER 4 Visa and marriage

Post by vinny » Sun Dec 07, 2014 12:58 am

If they have a durable relationship, living together akin to marriage for at least two years or after they marry, then he may apply for an EEA residence card.
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page701
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Re: TIER 4 Visa and marriage

Post by page701 » Sun Dec 07, 2014 1:18 am

That's exactly what I want!

Thank you very much!!!!!

Obie
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Re: TIER 4 Visa and marriage

Post by Obie » Sun Dec 07, 2014 10:55 pm

vinny wrote:If they have a durable relationship, living together akin to marriage for at least two years .

Also See.
[b]Dauhoo (EEA Regulations - reg 8(2)) Mauritius [2012] UKUT 79 (IAC) (13 March 2012) [/b] wrote: 21. Although Mr Subramanian did not raise the point, it is accepted by the Tribunal in reported decisions that despite the reference in UKBA European Casework Instructions to proof of a durable relationship requiring evidence that the relationship has lasted two years, the concept of a durable relationship is a term of EU law and as such it does not impose a fixed time period: see YB. Having said that, on the judge’s findings the relationship had only been shown to exist, if at all, very recently and on the appellant’s own evidence his partner was economically self sufficient. Mr Subramanian sensibly did not seek to argue that the appellant was entitled to succeed in showing that the relationship was durable if only a very recent relationship could be established. For the avoidance of doubt I would add that on the basis of the evidence before the FTT judge a durable relationship had not been established.
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page701
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Re: TIER 4 Visa and marriage

Post by page701 » Mon Dec 08, 2014 11:56 pm

Thanks for your informations. What if, he has the UK Tier 1 (Entrepreneur) visa? Is the same procedure possible?

chriskv1
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Re: TIER 4 Visa and marriage

Post by chriskv1 » Tue Dec 09, 2014 12:00 am

Yes . Any visa is fine. same procedure .
Anger and intolerance are the enemies of correct understanding.
Mahatma Gandhi

E&OE. I'm not a legal professional.

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