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You don't have a settled status. Settled status = having ILR or PR which you don't have yet. You will not obtain Indefinite Leave to Remain as this is for people under the UK domestic visa system. You will obtain Permanent Residence under the EEA regulations. It's similar to ILR in that it is considered 'settled' but the two has some subtle differences between them.abbb wrote:I have been living in the UK permanently since August 2008 and I know I have Settled Status. Unless my math is horribly off, I would obtain Indefinite Leave to Remain in August 2013.
If married and you are working, no issues.My questions:
What are our chances and am I considering the correct category? What category would you recommend?
If you are working, probably not.More Specifically:
Will my financial support towards my University fees count as claiming benefits for the purpose of the application criteria?
The UK doesn't recognise remote relationship as durable relationship. You are expected to have lived together for 2 years as unmarried couple or to be married.Are we better off not marrying before we apply and go down the proving relationship route or should we marry and then apply?
When the criteria states 'living together for two years' does this mean physically co-located? I assume it does, but would like it clarified. Furthermore how does this impact us when this is not the case?
Would our case be made easier by me obtaining indefinite leave to remain?
Which fee are you talking about? Application is free.Where do I go to get started? Is it better to pay the fee and submit in person or is the waiting time the same? For my particular situation, what documentation is most important?
So even when we get married we would have to somehow live together for two whole years before we would be eligible under the EEA family member rules?Jambo wrote: The EEA regulations allow free movement within the EEA states to EEA nationals and their family members. The EEA regulations define family members as spouse or unmarried couple in durable relationship. The UK requires 2 years of co-habitation for the relationship to be considered durable.
You say it becomes simpler if we marry, is this in the way that you say if we become married all we would need is the marriage certificate and proof of employment in the UK. Would we not still have to prove durable relationship which according to UK rules we can't as we have not been co-habiting? Would getting married and then applying not be looked suspiciously upon like a marriage of convenience irrespective of the fact that it is genuine?Jambo wrote: In your case, your relationship is unlikely to be recognised. You did ask the question whether you should marry before the move or not. Marriage is a big step but if you were married, the immigration process becomes very simple.
There isn't a question of category or type of visa. For EEA nationals and their family members, there is only one route/category to apply.
There is a possibility to apply for a fiancée visa. This is under the UK national immigration rules (and not the EEA regulations). It will cost money, require your fiancée to pass an English test and for you to prove your have suitable accommodation. If you are married (and apply under EEA regulations), the only requirement is your marriage certificate and proof of your employment in the UK. Nothing else.
Ok.Jambo wrote:The in-person option was an option the HO was considering but it never materialised (and will never be as it is against the EEA regulations).
Again would we not still have to live together for 2 years beforehand/prove durable relationship? If not do we have to get married in the UK or my home country or would any country in the EEA do? Is it really so simple as getting married and just apply for a residence card?Jambo wrote:The easiest way for you to live together in the UK is to get married before the move, for your spouse to move to the UK (she doesn't require a visa for that) and then apply for a 5 years Residence Card (free of charge).
Greenie wrote:You have misunderstood. Married couples are not required to have lived together for two years. That's only the requirement for unmarried couples.
No catch. The UK recognise foreign marriages as long as they are legally recognised by the country they are conducted in.abbb wrote:That is fantastic news! But surely there is some catch with regards to the marriage being considered valid? Do we have to have married in a specific country? Could we do it in the UK before obtaining a residency permit? I somehow doubt the UKBA would that lenient.
Not entirely correct. For the purpose of fiancée visa, a EEA national exercising treaty rights is considered settled and his fiancée is eligible to apply (and meeting all the UK immigration visa requirements). See para 290.mcovet wrote:Further, I don't think you can get a fiancee visa for her as you are an EEA national and the fiancee visa (which also costs money) is only for the Brits or settled people (ILR holders or the PR holders, which you will get next year).