So me and my fiancee have decided to get married in Gibraltar around the end of this month, since it's quicker and easier than the UK and her VISA is expiring in early March.
But I've just learned that since her studies have finished, she's a student from India on a Tier 4 VISA who studied her MSc here, the 6 month post study period allowed to look for jobs might not allow her entry back into the UK. Does anyone have any experience or knowledge of this situation?
From what I've read, the Border agency in theory could refuse entry if they consider her entry to be for a reason different than what her VISA is for - which is to study and her studies are complete.
Will she be allowed in if she plans to apply for a residence card based on me being her EEA spouse and hence won't be overstaying?
I also found this on the official european union website:
So in the worst case scenario, it appears that she could receive a visitor visa on the spot?It is always best for your non-EU family members to be well-informed in advance and have all the necessary documents before starting their journey.
However, if they arrive at the border with their passport but without an entry visa, the border authorities should give them the opportunity to prove by other means that they are family members of a mobile EU citizen. They can do so by providing proof of their identity and family ties with an EU citizen and, if travelling alone, proof that the EU citizen is already living in the host country. If they manage to prove it, they should be issued with an entry visa on the spot.
I hope someone can advise me on this issue, it's very stressful for us. After a lot of other hurdles, this is the last thing we need to hold us back.
More info: I made my application for Settled Status a month ago and am waiting for confirmation. I've been in UK for almost 10 years, went to school, then university and currently working.
