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Applying for Non-EEA spouse, EEA route or Spouse visa?

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

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butterfly95
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Applying for Non-EEA spouse, EEA route or Spouse visa?

Post by butterfly95 » Sun Feb 28, 2021 9:15 pm

Hi,

I just got married recently (5th of February) to my Non-EEA spouse. I know the cut off date for my relationship to "start" was 31st of December 2020 in order to apply for the family permit.

Does that mean that my husband has to apply for a spouse visa or could I still go for the EEA route?

Thank you!

kamoe
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Re: Applying for Non-EEA spouse, EEA route or Spouse visa?

Post by kamoe » Sun Feb 28, 2021 9:37 pm

What was the nature of your relationship before the wedding itself? Were you a living-together couple operating pretty much as a marriage for some years, or did you just start your common domestic life after your wedding?
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

butterfly95
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Re: Applying for Non-EEA spouse, EEA route or Spouse visa?

Post by butterfly95 » Sun Feb 28, 2021 11:17 pm

kamoe wrote:
Sun Feb 28, 2021 9:37 pm
What was the nature of your relationship before the wedding itself? Were you a living-together couple operating pretty much as a marriage for some years, or did you just start your common domestic life after your wedding?

We met abroad whilst studying and we have been in a long distance relationship for the past 3 years now, due to this we haven't lived together prior to marriage. I currently live and work in the UK and he is still in his country.

kamoe
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Re: Applying for Non-EEA spouse, EEA route or Spouse visa?

Post by kamoe » Mon Mar 01, 2021 7:48 am

Then I'm afraid the EEA and EU routes are closed for you. Your husband needs a spouse visa.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

butterfly95
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Re: Applying for Non-EEA spouse, EEA route or Spouse visa?

Post by butterfly95 » Mon Mar 01, 2021 11:45 am

kamoe wrote:
Mon Mar 01, 2021 7:48 am
Then I'm afraid the EEA and EU routes are closed for you. Your husband needs a spouse visa.
Alright, thank you!

butterfly95
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Re: Applying for Non-EEA spouse, EEA route or Spouse visa?

Post by butterfly95 » Mon Mar 01, 2021 12:02 pm

kamoe wrote:
Mon Mar 01, 2021 7:48 am
Then I'm afraid the EEA and EU routes are closed for you. Your husband needs a spouse visa.
When applying for a spouse visa, does the fact that we haven't officially lived together yet affect our application? We have met and stayed together a couple of times before we got married and stayed together for a month after our wedding.

kamoe
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Re: Applying for Non-EEA spouse, EEA route or Spouse visa?

Post by kamoe » Mon Mar 01, 2021 12:12 pm

butterfly95 wrote:
Mon Mar 01, 2021 12:02 pm
When applying for a spouse visa, does the fact that we haven't officially lived together yet affect our application? We have met and stayed together a couple of times before we got married and stayed together for a month after our wedding.
It doesn't. For married couples what matters is to be able to prove that the relationship is genuine. Proof that common travel, or attendance to family gatherings, etc., is all good proof.

I asked the question simply to establish if you could build the case for an application as an unmarried durable partnership existing before your wedding (there is a small window still open for that kind of application under EEA rules). But since you have not cohabited regularly before December 31st 2020, your couple would not meet the requirements for that route.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

geezerpl
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Re: Applying for Non-EEA spouse, EEA route or Spouse visa?

Post by geezerpl » Fri Mar 05, 2021 2:34 pm

kamoe wrote:
Mon Mar 01, 2021 7:48 am
Then I'm afraid the EEA and EU routes are closed for you. Your husband needs a spouse visa.
Your husband can apply for an EEA Family Permit till 30 June.
You risk nothing. The application is FREE. You have pretty strong case since you've got married. Just provide lots of evidence & photos and a good cover letter that this is not a marriage of convenience.
https://www.gov.uk/family-permit/eea-family-permit

I've seen dozens of success stories where people had cancelled weddings, had recent marriages, did not cohabitate except for a few weeks or months, were in LDR for 1-2-3 years.

If one partner is EEA and/or residing in the UK and another partner is non-EEA (a visa national - not from countries like Taiwan, Malaysia or Brazil who don't need Schengen visa) it is pretty obvious it is HARD to live together.

I really have NO IDEA why kamoe has been discouraging here people trying to reunite in the UK ???
:shock:

Obie
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Re: Applying for Non-EEA spouse, EEA route or Spouse visa?

Post by Obie » Fri Mar 05, 2021 7:07 pm

I do not think Kamoe is acting in bad faith.

I believe for too long people tend to conflate the UK provision for Unmarried partner as synonymous with the EU concept of Durable Partner. Which is not always the correct approach.

Kamoe's advise is correct in many respect. The relationship has to be Durable before the transition, which does not necessarily mean 2 years cohabitation, or even any cohabitation at all.

I could conceive many scenarios where notwithstanding the fact that there are no cohabitation for religious or cultural reasons, the relationship can nevertheless be described as one which is durable in all other respect.
Smooth seas do not make skilful sailors

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