EEA2 or student visa

Daer friends

I am non-EU and getting married with EU citizen in August. I have been living here for 3 years via student visa and my visa expires end of October in 2007.

my fiance has already gotten EEA1 results recently.

After getting married i will apply for EEA2 in August and only 2.5 months will remain for my visa.

The problems is that if decision time is beyond October in 2007 and the result is negative then I will have no time in UK to re apply for student visa since i have to be here at least another a year to finish my PhD.

Could you please let me know what to do?

Many thanks

....and the result is negative then...

Any particular reason why would you expect it to be negative?

I think There is always passibilty to be refused by Home Office for any kind of applications.

I try to consider two cases with their risk

If you are the spouse of an EU citizen who is exercising treaty rights (or is self sufficient), then you have a right to be here even without the EEA2. The Residence Card that you get after an EEA2 application is just a confirmation of your rights, and it makes it easier to prove that you have them.

Thank you very much for your prompt answer.

Is the tanent contract which shows that i and my fiance are currently staying in one of the room in the house important or essential to show proof to the Home Office?

I have signed the contract with the landlord on the 21st of May on which my fiance was on holiday in her country. Therefore, the contract did not include my fiance's name.

When she returned i would like to renew the contract with the landlord in order to add my fiance's detail.

The landlord did not want to write new contract just want her to write her detail on current contract. However, the thickness of the pen was not as close as the previous pen which we used on the 21st of May.

Thus, it is visible that her name was writen later. Alhough we live in the same room the contract is not that original.

I asked landlord several times to do new contract but he is scared of the Home office and he says he does not want to help us by rewriting the contract because he doesn't not know us and which purpose we are getting married.

I do not want to change my place before applying for EEA2 since it would take a long time for collecting the papers (bank stataments etc).

In addition, I am not sure that the house is concuil hause or not.

I would appreciate if you could give me useful answers.

Kindest regards

cerrahpasalilar, I think you are worrying unnecessarily, indeed far too much! You need to appreciate the significant change to the relevant EU/EEA legislation introduced with effect from 30.04.06, and because of the way you are writing, I don't think either your nor your fiancé have started to appreciate what rights are actually held.

For a start, you mention your fiancé submitting a form EEA1 and no doubt now has a Residence Permit in his passport. Getting that certainly does no harm at all, but it is no longer compulsory for an EEA Citizen to apply for a Residence Permit. Or put it another way, that Residence Permit is merely confirmatory, and by itself gives no additional rights to your fiancé. He had his Treaty Rights anyway!

Likewise, as soon as the marriage has taken place next month, you also have those same EU/EEA Treaty Rights ...... assuming your husband (as he will then be) is in the UK exercising his Treaty Rights, and we already know that is the case because he has his Residence Permit!

So again, it is not compulsory for you to apply on form EEA2 for a Residence Card. You can if you want, but you do not have to! You will have your Treaty Rights from the moment of marriage. However, for you, a non-EEA citizen, it is a good idea to use the form EEA2 to apply, because it is actually rather useful to you to have confirmation that you do indeed have those Treaty Rights.

By the way those Treaty Rights include the ability to be a student, which of course is exactly what you want to be, to finish off your PhD.

Can they refuse the EEA2 application? One concept mentioned in the regulations is about a "marriage of convenience". Treaty Rights are not gained by entering into such a marriage. However, in the absence of any suggestion that yours would be a marriage of convenience, there is no reason to think that your application for a Residence Card would be refused.

Have you actually downloaded the form EEA2? If not I suggest you do that now .... by clicking here. And then have a good read of the form. At the very least, once you have done that, you will stop posting nonsense about accommodation! You really do seem to be confusing an application on form EEA2 with a visa application! Totally different!

John wrote:you mention your fiancé submitting a form EEA1 and no doubt now has a Residence Permit in his passport.

John, the Residence Permit... currently called the Registration Certificate for EEA nationals... are no longer endorsed in passports but rather issued as freeflowing documents and depending on the colour confirms the rights held by the EEA national.

The only thing you have to think about is if your partner will have to leave the country for work or something and you'd like to remain in the country for studying. If so, then you would need to have an independent visa. if you so no monkey wrenches then what has been written earlier applies

Thank you very much for your advise.

I can distinguish visa from EEA2. However, I was confused that the applicants who apply for EEA2 send many documants which do not require on EEA2 such as some bills (water, gas etc), invitation card for marriage etc. I think applicants just want to make you application stronger by sending those additional documants.

Regards

I would not confuse matters unnecessarily. However I think there is no harm in sending additional evidence relating to the marriage itself, that is to make it clear that the marriage is not a marriage of convenience. So invitation card for the wedding ceremony, and even a couple of pics relating to the happy day, those cannot do any harm.

But again I emphasise that you will get your EU Treaty Rights automatically at the instant of marriage ... and that is the case even if you never ever submit a form EEA2. The Residence Card, when issued, will merely confirm the rights that you already have.