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Tier 4 Non-EU marrying EU citizen in the UK

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

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Confused101
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Tier 4 Non-EU marrying EU citizen in the UK

Post by Confused101 » Fri Jan 30, 2015 12:18 pm

Hello,

I hold a BRP as an extended Tier 4 student visa. My visa was issued in 2011 and the extension expires on 17th August 2015. My boyfriend is Romanian and we have been together since last June (about 7 months). He moved into my uni house in June (which became vacant when everyone went back to their respective homes) and in September we moved into a new home together with other friends. We got engaged on New Years Day. He earns £17280 after tax per year self employed status. My biggest concern is that immigration may reject any applications if they think my marriage is a sham. Our alternatives would be either I move to Romania or he moves to my country (Commonwealth nation). However, we would prefer starting our life here where we met. We met through a mutual friend who I went to uni with.
Two questions:
1. Do I need permission in order to get married as I have a tier 4 visa? If so, what is the procedure? Is it just notifying the registrar of intention to get married?
2. If I do not need permission, do I need to apply for a new visa to confirm my right to stay in the UK? What proof (eg visa or BRP) would I now rely on?

I have done some research but it is all too confusing mainly because I keep getting information about coming into the UK but I am already here so how will it work?
Thank you in advance for any advice.

Confused. :?

paknet
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Re: Tier 4 Non-EU marrying EU citizen in the UK

Post by paknet » Sat Jan 31, 2015 1:33 am

You don't need to contact UKVI.Simply give notice of marriage to the registrar and get married ASAP because marriage laws are changing on 2rd of March 2015 which will make it more difficult for non-eu immigrants to get married.
https://www.gov.uk/government/uploads/s ... notice.pdf
Registrar will have legal responsibility to tell UKVI of every ceremony which have atleast 1 non-eu is invovled.
Notice period will be increased from 28 to 70 days and UKVI will investigate the case if suspicious.
Don't waste time,Book an appointment Now
Thankz
Z

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Frontier Mole
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Re: Tier 4 Non-EU marrying EU citizen in the UK

Post by Frontier Mole » Sat Jan 31, 2015 12:22 pm

The register will only make a report to UKVI if they suspect the marriage to be a sham.
With the rule change essentially it will only push a genuine marriage onto a 28 day notice period as opposed to the current minimum notice period of 17 days(?).
If you have a joint tenancy agreement, joint bank accounts etc life will be much easier to evidence the relationship is genuine.
THE quickest and easiest way forward is to get married in his home country. There can be no interference in that process and you are allowed to return to the UK without the need of a visa under non EEA family member route.

paknet
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Re: Tier 4 Non-EU marrying EU citizen in the UK

Post by paknet » Sun Feb 01, 2015 12:15 pm

Hi Frontier
Thanks for clarification.
You are saying that if Tier 4 Student go to Romania on Visit Visa and get married there and come back with the marriage certificate then he can apply for 5 years RC in UK?
If a brazilian guy goto Romania and get married there with his romanian partner then can he also come to UK without VISA or he have to apply for Romania Spouse visa and then he can come to UK on romanian spouse visa?
http://www.theguardian.com/uk-news/2014 ... pean-court
THanks
Z

Confused101
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Re: Tier 4 Non-EU marrying EU citizen in the UK

Post by Confused101 » Wed Feb 04, 2015 1:00 pm

Hello again
Thank you for your responses. I have given notice at the Registry and booked my wedding venue for 15/06/15. My follow up question is what do I need to do now where my immigration status is concerned? When we get married I know that I will have the same rights as my EU spouse, which allows us to live/work in the UK. Do I need to apply for leave to remain? In other words what proof would I show at the airport that I'm allowed to enter the country. Previously it would be my student visa. Do I need to apply for a new visa? If yes, which?

Thanks,
C

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bruteforce
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Re: Tier 4 Non-EU marrying EU citizen in the UK

Post by bruteforce » Wed Feb 04, 2015 8:11 pm

You don't get any rights automatically just by marrying an EU citizen, you do need to apply for EEA family permit. You can direct your query to the appropriate section of this web site where you are more likely to get guidance.

paknet
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Re: Tier 4 Non-EU marrying EU citizen in the UK

Post by paknet » Thu Feb 05, 2015 12:40 am

I don't understand why u dint book the ceremony date this month or before 2 march as you know laws are changing and you can never trust student Visa.
You should get married asap and later on you can do traditional wedding or whatever.
Its quite simple and you are just wasting time and may be chance to settle in UK.
After getting married you need to apply for EEA residence card.
Z

Jonmattias
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Re: Tier 4 Non-EU marrying EU citizen in the UK

Post by Jonmattias » Sat Feb 14, 2015 11:11 am

U need to call to your local council and book a date for registration for wedding.

then you will have to go with your partner to the council with two proofs of address and book a date for wedding. you both will be interviewed separately for 5/5 minutes. and then councilor will give you a paper stated your date of wedding and time and venue.

on the wedding day, maybe home office interview you or maybe not. so if u r genuine then no problem.

toomuchtotake
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Re: Tier 4 Non-EU marrying EU citizen in the UK

Post by toomuchtotake » Wed Nov 04, 2015 7:35 pm

Hi confused, I am in a very similar situation as you and quite frankly a little apprehensive about registering for marriage here in the UK, albeit genuine, because of all the interviews and insinuations. Would be very helpful to find out what came of your application. Perhaps a detailed account of how it went through? Is there a way to contact you directly?

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Casa
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Re: Tier 4 Non-EU marrying EU citizen in the UK

Post by Casa » Wed Nov 04, 2015 7:50 pm

Requirements have tightened since the start of this thread. When a marriage involves a foreign national the intention to marry has to be made at a Home Office designated Registry Office. The Registrar is now legally bound to notify the Home Office who can then extend the notification period from 28 to 70 days in order to give them time to interview the couple before the wedding can take place.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Confused101
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Re: Tier 4 Non-EU marrying EU citizen in the UK

Post by Confused101 » Fri Nov 06, 2015 1:34 pm

Hello toomuchtotake,
Casa is right in saying the requirements have changed since my post. That said, at the time I registered I remember hearing about these 'new changes' and I was also concerned about the process. My interview (when I went to register) was straightforward and we were in the same room. If you're a genuine couple with clear evidence (my partner and I were living together and had proof of relationship etc) there may not be any real doubts and you'll just simply have to give the expected information. What I did shortly before the wedding (due to nerves and panic) I called the UKBA to confirm what I had done was correct and ensured I wasn't going to be stopped from getting married on the day.
My opinion is that it is better to register and get married here especially if you intend to live here (less hassle in the long run). I went to my home country and on return (as the spouse of an EEA citizen already) I was not allowed entry under EU law but under Commonwealth non-visa national so my passport was stamped for 6 months. Basically the risk of the interview etc is worth it if you're a genuine couple because there's a whole different process (not sure how much more complicated) to marry elsewhere and then try to enter as a spouse.

Good luck!
C

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