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Marriage Visa or EEA Family Permit?

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Jersey
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Marriage Visa or EEA Family Permit?

Post by Jersey » Wed Feb 09, 2011 9:29 am

I'm an EU citizen living in UK and my fiance is NON-EU and at the moment completes her PHD in her native country. We are planning to marry this year and we are not sure whether it will be easier to do it in the UK or in her country.

I know that if you marry here she must get the fiance visa, and it requires a lot of documents. However, if we were to marry elsewhere, would she need a Marriage Visa? or since I'm EU citizen, the Home Office can't prevent me from bringing my wife with me together to the UK?

Many thanks for your help, and if there is any legislation or similar cases you can refer me to, I would be more than grateful.
Last edited by Jersey on Tue Feb 22, 2011 12:41 pm, edited 1 time in total.
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geriatrix
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Post by geriatrix » Wed Feb 09, 2011 9:48 am

Fiance(e) visa - No, unless you are a settled person / British citizen.
Marriage (visitor) visa - Yes, but only if you wish to marry in the UK.

If you marry outside the UK, then spouse of an EEA citizen may apply for EEA family permit.


regards
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Jersey
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Post by Jersey » Wed Feb 09, 2011 9:59 am

sushdmehta wrote:Fiance(e) visa - No, unless you are a settled person / British citizen.
Marriage (visitor) visa - Yes, but only if you wish to marry in the UK.

If you marry outside the UK, then spouse of an EEA citizen may apply for EEA family permit.


regards
Wow that's sounds great. And does the application for EEA family permit cost money? What documents do I need to support it? is it less documents than the spouse visa?

Many thanks!
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geriatrix
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Post by geriatrix » Wed Feb 09, 2011 10:03 am

What is an EEA family permit?
How do my family members apply for an EEA family permit?
What supporting documents should my family members include with their application?

Click on the links given.

regards
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Jersey
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Post by Jersey » Wed Feb 09, 2011 10:06 am

Fantastic, your help is much appreciated.
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vinny
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Post by vinny » Wed Feb 09, 2011 12:02 pm

sushdmehta wrote:Fiance(e) visa - No, unless you are a settled person / British citizen.
Possible, but expensive.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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Jersey
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Post by Jersey » Wed Feb 09, 2011 12:09 pm

vinny wrote:
sushdmehta wrote:Fiance(e) visa - No, unless you are a settled person / British citizen.
Possible, but expensive.
Alright so it seems I have two options; either marry in the UK and she should have a Visiting Marriage visa, or to marry outside UK and then to aply for EEA Family Permit. Am I correct?
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vinny
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Post by vinny » Wed Feb 09, 2011 12:36 pm

Note that visitors are expected to comply with 41(i) and (ii).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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geriatrix
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Post by geriatrix » Wed Feb 09, 2011 4:21 pm

vinny wrote:
sushdmehta wrote:Fiance(e) visa - No, unless you are a settled person / British citizen.
Possible, but expensive.
Thanks for correcting me, Vinny!

Jersey, apologies for my ignorance! It means that if you wish to marry in the UK, your fiance(e) can either apply for:
1. marriage (visit) visa, or
2. for an EEA family permit as a fiance(e), but will need to pay a fee for EEA family permit as a fiance(e)).

If she arrives in UK on a marriage (visit) visa, she will will have to exit UK before expiry of visa and will have to apply for EEA family permit (as a spouse of EEA citizen) from outside the UK (e.g.- home country).




regards
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fysicus
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Post by fysicus » Wed Feb 09, 2011 4:54 pm

sushdmehta wrote:If she arrives in UK on a marriage (visit) visa, she will will have to exit UK before expiry of visa and will have to apply for EEA family permit (as a spouse of EEA citizen) from outside the UK (e.g.- home country).
This sounds very hard to believe. Assuming the EEA citizen is actually exercising treaty rights here (very likely), from the moment the marriage ceremony is finished the lady in question is the spouse of an EEA citizen and as such automatically a beneficiary of Directive 2004/38. The couple can submit an application for a Residence Card straightaway. Any requirement to leave the country first and come back with a different visa, is illegal under European rules!
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Obie
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Post by Obie » Wed Feb 09, 2011 5:09 pm

sushdmehta wrote:
Jersey, apologies for my ignorance! It means that if you wish to marry in the UK, your fiance(e) can either apply for:
1. marriage (visit) visa, or
2. for an EEA family permit as a fiance(e), but will need to pay a fee for EEA family permit as a fiance(e)).

If she arrives in UK on a marriage (visit) visa, she will not be able to work in the UK during the validity of that visa, will have to exit UK before expiry of visa and will have to apply for EEA family permit from outside the UK (e.g.- home country).

regards
She can apply for the fiancee visa under national rules and not an EEA family permit as a fiance of an EEA national. Once the marriage has completed, she will be issued with a Residence Card on application as a family member of an EEA national. Once the marriage is completed, he or she acquires community rights immediately. No need to go overseas and reapply for EEA family permit.
Smooth seas do not make skilful sailors
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Jersey
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Post by Jersey » Wed Feb 09, 2011 5:30 pm

This sounds very hard to believe. Assuming the EEA citizen is actually exercising treaty rights here (very likely), from the moment the marriage ceremony is finished the lady in question is the spouse of an EEA citizen and as such automatically a beneficiary of Directive 2004/38. The couple can submit an application for a Residence Card straightaway. Any requirement to leave the country first and come back with a different visa, is illegal under European rules!
I think you are right, once the marriage has take place, they can't separate the couple due to these EU directive.

It seems like it's better to do the marriage elsewhere and not to have to pay 750 pounds for this Visitor Marriage Visa and all the hassle with documents.

If we marry outside and then she applies for an EEA Family Permit, do we have to enter the UK together, or can she wait in her country, and I can return to the UK in the meantime?
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vinny
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Post by vinny » Wed Feb 09, 2011 10:27 pm

Jersey wrote:.If we marry outside and then she applies for an EEA Family Permit, do we have to enter the UK together, or can she wait in her country, and I can return to the UK in the meantime?
She may wait and join you later.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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Jersey
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Post by Jersey » Sat Feb 12, 2011 9:33 pm

Many thanks Vinny.
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Jersey
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Post by Jersey » Tue Feb 22, 2011 12:41 pm

Can anyone advise on what is required to be filled in the EEA Family Permit form (VAF-5)? I read somewhere that financial information and employment is irrelevant, meaning they can't refuse her application if I'm unemployed.

If someone who filled this form before or have knowledge about what needs to be written and what's not, I will be very grateful
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Jersey
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Post by Jersey » Tue Mar 01, 2011 12:23 pm

Can anyone advise on what is required to be filled in the EEA Family Permit form (VAF-5)? I read somewhere that financial information and employment is irrelevant, meaning they can't refuse her application if I'm unemployed.

If someone who filled this form before or have knowledge about what needs to be written and what's not, I will be very grateful
BUMP
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