What is the procedure?

[tanveer930]

This is the Guidance and Application form.

If you have 3 months or more left on your student visa, the requirement are not as stringent compared to if you don't.

If you allow your visa to expire and then apply, you might get approved, however you stand the risk of having a removal proceeding being initiated against you.

Make sure, you have evidence you have been living together in a de facto like relationship and that your proposed marriage is not simply aimed at abusing the rules.

Dear Obie

I have about 15 months visa and i'll be applying my COA in few days ..

Which one is better EEA2 (I guess its free and FLR(M) is 665 premium) or FLR(M)?

[Rozen]

Obie, why do you keep defending her obnoxious behaviour, which quite frankly, is inexcusable? Ofcourse we all go through rough patches once in while (actually that's what brought quite a few of us to this board in the first place), but there is no need to come over so melodramatic and rub people up the wrong way! She should just take time out, like the rest of us do!

Completely to the contrary Rose.

Sorry for hijacking your thread OP.

I know her views are quite rabid and borderline bigoted in nature, and i can see and understand why some Western people might find it offensive.

I don't however think she set out to deliberately offend anyone, and that the circumstance she is facing might have led to her indulging in those abhorrent acts. She now seems to be showing remorse for her actions and i think she should be given a second chance.

I found some of her views offensive as well, as i have lived in the culture she is criticizing for a large chunk of my child hood and adult life. And i adore it.

I'm not 'Western', but I still found it offensive. Why? Because I'm civilised! I'm all for giving people chances, and if she's decided to clean up her act, then well and good. Some of the stuff she was churning out was really not nice to read. Anyway, best to draw a line under it and move on....

[Obie]

Because your case seems uncomplicated, i will go for the FLR premium, which is instant.

However, the burden of documentation required for Spousal (FLR(M)) is quite extensive. Accommodation and proof of enough fund to maintain yourself.

You will be able to receive ILR quicker.

Please look at This and see if you will meet the requirements before making a decision.

Needless to say the EU route is cheap , but quite time consuming and burden of proof is not quite as extensive.

[prettypolitical]

[prettypolitical]

sorry guys...oooops!

[tanveer930]

Because your case seems uncomplicated, i will go for the FLR premium, which is instant.

However, the burden of documentation required for Spousal (FLR(M)) is quite extensive. Accommodation and proof of enough fund to maintain yourself.

You will be able to receive ILR quicker.

Please look at This and see if you will meet the requirements before making a decision.

Needless to say the EU route is cheap , but quite time consuming and burden of proof is not quite as extensive.

Dear Obie
I am grateful for ur help..
As you know i have 15 months visa left and my gf (EU national) is here in uk from mid 2003 but she was working as AU pair but she was not paying any tax as she was getting cash in hand and we don't have any evidence like bank statement (I think she use to save money in her socks lol)...the only proof we have have is the Stamp on her Passport.

Now If i want to apply for FLR(M) what do i need to do?
At the moment my gf is working fulltime and she has registered for EU workers registration in 2008... which is i think EEA1.. now what do we need to do and what would u suggest as we have planty of time.
Also if i apply for EEA2 and luckly i get it..can i change it over if my gf gets, the Permanent residence and than ILR and than citizenship?


Thanks
PS: can u plz tell me what type of evidence can i send with COA to proove both of us are getting married for first time?

[Obie]

Hi mate,

Was there a stamp on her passport. I thought they are not supposed to stamp her passport. Did she come in before the A8 accession.

If she can prove she has been in the UK for 5 years, as a self-sufficient person, she can apply on form EEA3 for a Permanent Resident Certificate.

I am unsure whether the fact that she did not apply for a registration certificate will have an effect.

If she succeeds in her application for PRC, you can then apply for FLR as the spouse of someone with a permanent resident in the UK.

If her application is declined, which i think might be unlikely, she can apply on for EEA 1 for a resident certificate and you can apply on EEA2 for Resident card.

I think you should pursue the first avenue, and see if the HO will consider her as a self sufficient person over those 5 years. I think the documentation proof might be a bit problematic.

Give it a go and see.

[vinny]

See also Chapter 7 - Accession State Nationals and JL (A8 worker – lawful employment) Poland [2009] UKAIT 00030.

my gf (EU national) is here in uk from mid 2003 but she was working as AU pair but she was not paying any tax as she was getting cash in hand and we don't have any evidence like bank statement (I think she use to save money in her socks lol)...the only proof we have have is the Stamp on her Passport.....
she has registered for EU workers registration in 2008...

Was she a qualified person prior to 2008?

[tanveer930]

Hi mate,

Was there a stamp on her passport. I thought they are not supposed to stamp her passport. Did she come in before the A8 accession.

If she can prove she has been in the UK for 5 years, as a self-sufficient person, she can apply on form EEA3 for a Permanent Resident Certificate.

I am unsure whether the fact that she did not apply for a registration certificate will have an effect.

If she succeeds in her application for PRC, you can then apply for FLR as the spouse of someone with a permanent resident in the UK.

If her application is declined, which i think might be unlikely, she can apply on for EEA 1 for a resident certificate and you can apply on EEA2 for Resident card.

I think you should pursue the first avenue, and see if the HO will consider her as a self sufficient person over those 5 years. I think the documentation proof might be a bit problematic.

Give it a go and see.

Thanks Obie

how long do they take to process a PR application by an EEA?

@ Vinnay

yes she was working and paying tax before 2008. its just first 2 years.


Can anyone plz tell me what evidence i can send to prove that both of us r free to get married (we have never bin married before)

[vinny]

she has registered for EU workers registration in 2008...

yes she was working and paying tax before 2008. its just first 2 years.

Unfortunately,

For the purpose of determining an A8 state worker's period of lawful employment in the UK, a Worker Registration Certificate issued under the Accession (Immigration and Worker Registration) Regulations 2004 authorising employment with a particular employer takes effect from its date of issue by virtue of reg 7(2)(c) of the 2004 Regulations.

[Obie]

She doesn't need to register under the WRS, if she was self sufficient. However, she will need to provide bank statement and medical insurance.

If the people she was living with, can attest she was living with them, and they were providing for her needs, then she can say she was self-sufficient.

Was she doing anything else apart from Au pair job. Like a language course?

In regards to your question, EEA 1 and 2 applications are meant to be processed within 6 months. However that has not been the case lately, one can only hope that things will change in the future. I have had that the HO has promised to deal with the backlog by December.

[vinny]

She doesn't need to register under the WRS, if she was self sufficient. However, she will need to provide bank statement and medical insurance.

yes she was working and paying tax before 2008. its just first 2 years.

[Obie]

I was trying to cover for the time she was working as an Au Pair.

For the 2 years period preceding 2008, i am unsure, how she can deal with it.

The WRS is an administrative condition. I don't think it should have an effect on her ability to apply for PRC.

I remember a case wherein nationals who came in before the inception of A8 had a ruling in their favour for Permanent resident certificate.

Also EEA 1 is quite different from WRS. After 12 months on WRS, she will then qualify to apply for Registration Certificate using EEA1

[prettypolitical]

Tanveer,

When I had to prove I was free to marry the solicitor produced a document for me to take away with me, which was very similar to an affidavit.

BAsically stated my Nationanl Insurance Number, Persoanl details and also states what marriage it is first, second etc.

I paid around 35 GBP, for this.

I had to swear on the bible and sign which was witnessed by the solicitor.

[focusatme]

i got the same issus as Tanveer,
I am here in uk since 2006, I am on PSW visa expiring very soon(4 months left) i met a girl she's from EEA2, and v r willing to marry but there are some problms:

She is in the Uk for one year but she's aint got no WRS, N.I or anyting like paper work except from her EEA Card and Passport.

1)Can v still marry in UK eventhough she's got no WRS and other documations over here in uk and no proof living here for a year(i am workin tho)?

2) i do understand that i need CAO ,but she donznt and if i request for CA0 What documentation do i need to send to the homeoffice for it i think my passport , payslips work detais and her passport
Do i nid other documentatisn to send to homeoffice?

3) As i am on PSW and workin and earning good salary ,paid too much tax last 2 year, if i recevid a CAO thn and after marryin her what type of visa i'll be issued and what will be the length of that visa?

My case is a bit similar to the Tanveer and i wuld like exerienced people, like OBIE, to give me information about it AND also TANVEER wud u pliz help me out n tell me wat happend wid your case and what sorta documantion u sent to home office at the tme of gettin CAO n for visa applicatoin.
I WILL REALLY APRICIATE YOU , IF YOU CUD HELP ME OUT ON THIS ISSUE
THANX
NOTE: she has never been contious emplyment for 12moths.

[mochyn]

best thing to do is for both of you to return to your country get married and apply for a spousal visa