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Getting married with non-EU/EEA citizen

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

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agnetha007
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Posts: 36
Joined: Sat Mar 19, 2016 7:52 pm

Getting married with non-EU/EEA citizen

Post by agnetha007 » Tue Jun 25, 2019 11:56 pm

Hello,

Situation:
  • I am an EU citizen who is a permanent resident in the UK. I have the DCPR as well as the settled status under the new EU Settlement Scheme (due to Brexit, it seems that the two routes are legally separate but with almost the same effect).
  • My girlfriend is a non-EU/EEA citizen. She is currently in the UK under a short study visa which I sponsored. We are aware that she will have to return to her home country once her visa expires.
  • We are getting married in another EU country (my homeland). Naturally, we want to be together.
As I understand, we can apply for "EU Settlement Scheme family permit" or "EEA family permit" as soon as we get married: https://www.gov.uk/family-permit/eu-set ... ily-permit

Questions:
  • Is it like the EEA(FM) form? The application is online only, so we wonder what documents or evidence we will need to provide.
  • Will we need to provide evidence of living together? Any advice on this?
  • Is there anything else we need to be aware of given the HO's "hostile environment" policies? Does our case seem to be straightforward?
Thanks.

kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 10:57 am

Re: Getting married with non-EU/EEA citizen

Post by kamoe » Fri Jun 28, 2019 11:59 am

agnetha007 wrote:
Tue Jun 25, 2019 11:56 pm
She is currently in the UK under a short study visa which I sponsored.
Not sure what you are trying to say here.

A study visa can only be "sponsored" by an educational institution, interpreting by that, that the institution is certifying that she's a student, which is what counts towards considering the application as valid.

You could effectively sponsor her application under EEA or EUSS routes; but given your question, this is seemingly not her current visa.

If what you mean is that you paid for her visa fees, or provided a letter of support regarding an aspect of her life here, such as accommodation or living expenses, then avoid describing this as "sponsoring", as that is misleading as to what exactly what type of visa she has.
As I understand, we can apply for "EU Settlement Scheme family permit" or "EEA family permit" as soon as we get married: https://www.gov.uk/family-permit/eu-set ... ily-permit
Correct. Furthermore, if you have lived together and had proven joint financial commitments (rent or mortgage, joint bank account, bills in joint names) for two years, you could apply now as unmarried partners through the EEA route.
  • Is it like the EEA(FM) form? The application is online only, so we wonder what documents or evidence we will need to provide.
All info here: https://www.gov.uk/settled-status-eu-ci ... d-to-apply
Note that unless she already has a EEA RC already, she cannot apply online for the Settlement Scheme. either:
a) apply first for a EEA RC (by post), then for Pre-Settled Status (online); or
b) skip EEA route, and apply direclty for Pre-Settled Status, but sending documents by post.
  • Will we need to provide evidence of living together? Any advice on this?
As indicated in the link above, the HO will tell you what to scan/send. Evidence of living together is usually a requirement for unmarried couples.
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.

agnetha007
Newbie
Posts: 36
Joined: Sat Mar 19, 2016 7:52 pm

Re: Getting married with non-EU/EEA citizen

Post by agnetha007 » Sun Jun 30, 2019 4:19 pm

kamoe wrote:
Fri Jun 28, 2019 11:59 am
If what you mean is that you paid for her visa fees, or provided a letter of support regarding an aspect of her life here, such as accommodation or living expenses, then avoid describing this as "sponsoring", as that is misleading as to what exactly what type of visa she has.
Yes, that is what I meant. I provided a letter of support for UKVI, paid her student fees and accomodation. Sorry for the confusion. I used this term because in the UKVI guidelines it was called "financial sponsor" or something like that. We used Short Term Study (STS) route rather than Tier 4.
Correct. Furthermore, if you have lived together and had proven joint financial commitments (rent or mortgage, joint bank account, bills in joint names) for two years, you could apply now as unmarried partners through the EEA route.
Thanks, we are aware of this route, but we live together for less than a year and we don't have too much of the "paper" evidence (who has joint bills these days anyway?).
All info here: https://www.gov.uk/settled-status-eu-ci ... d-to-apply
Note that unless she already has a EEA RC already, she cannot apply online for the Settlement Scheme. either:
a) apply first for a EEA RC (by post), then for Pre-Settled Status (online); or
b) skip EEA route, and apply direclty for Pre-Settled Status, but sending documents by post.
I am not sure how is this related. I already have the EU 'settled' status. My non-EU/EEA future spouse is on a short-term visa and will need an equivalent of EU/EEA family permit. Our wedding will happen outside the UK, after her UK visa will be already expired. She will have to apply outside the UK.
  • Will we need to provide evidence of living together? Any advice on this?
As indicated in the link above, the HO will tell you what to scan/send. Evidence of living together is usually a requirement for unmarried couples.
In the link I originally posted (https://www.gov.uk/family-permit/eu-set ... ily-permit), they mention "evidence of your relationship to your EEA family member, for example a marriage certificate, civil partnership certificate or birth certificate". But will it be enough to provide only the certificate for such evidence?

The reason I am asking is because in other sources I saw recommendations to gather wedding photos, evidence of communication (chat logs) and all sorts of things. Is that necessary? I also read in this forum about marriage of convenience challenges from UKVI and other scary stories. Our relationship is genuine, but we don't want to create problems for ourselves by not getting the paperwork right. Perhaps I am just overthinking. :?

Anyway, can somebody share the experiences of going through this route and what paperwork you had to submit?

kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 10:57 am

Re: Getting married with non-EU/EEA citizen

Post by kamoe » Sun Jun 30, 2019 5:33 pm

agnetha007 wrote:
Sun Jun 30, 2019 4:19 pm
Yes, that is what I meant. I provided a letter of support for UKVI, paid her student fees and accomodation. Sorry for the confusion. I used this term because in the UKVI guidelines it was called "financial sponsor" or something like that. We used Short Term Study (STS) route rather than Tier 4.
Got it, thanks for clarifying.
we don't have too much of the "paper" evidence (who has joint bills these days anyway?).
You never know when having a minimum of paper evidence might save your life. I make a point of having at least two valid joint bills at any time.
All info here: https://www.gov.uk/settled-status-eu-ci ... d-to-apply
Note that unless she already has a EEA RC already, she cannot apply online for the Settlement Scheme. either:
a) apply first for a EEA RC (by post), then for Pre-Settled Status (online); or
b) skip EEA route, and apply direclty for Pre-Settled Status, but sending documents by post.
I am not sure how is this related. I already have the EU 'settled' status. My non-EU/EEA future spouse is on a short-term visa and will need an equivalent of EU/EEA family permit. Our wedding will happen outside the UK, after her UK visa will be already expired. She will have to apply outside the UK.
I meant to say that she could apply, not you.
But yes, I got confused by the fact that she's already in the UK, but you are getting married abroad, and it was not clear to me that her visa would expire while abroad. In that case, yes she can only do either of the above after applying first for a Family Permit (either of EEA or Settlement Scheme).
In the link I originally posted (https://www.gov.uk/family-permit/eu-set ... ily-permit), they mention "evidence of your relationship to your EEA family member, for example, a marriage certificate, civil partnership certificate or birth certificate". But will it be enough to provide only the certificate for such evidence?

The official advice is that it is up to the applicant to judge and supply sufficient evidence, and it is a very subjective matter.

A marriage certificate is the strongest proof. Pictures of the wedding or family visits, where both of your parents are in attendance are also strong evidence. After that, pictures of common travel (with dates), and a few letters of support of people who have known you as a couple, are also a good, and final nice touch.

If your relationship is genuine, you do not need much more than that.
The reason I am asking is because in other sources I saw recommendations to gather wedding photos, evidence of communication (chat logs) and all sorts of things. Is that necessary?
It won't hurt to add some, but not too much. Not more than 5 of each. You do not want to drown the caseworker with redundant evidence.
I also read in this forum about marriage of convenience challenges from UKVI and other scary stories. Our relationship is genuine, but we don't want to create problems for ourselves by not getting the paperwork right. Perhaps I am just overthinking. :?
The one point where they could challenge you is the fact that her student visa expired recently, in the assumption you are getting married with the only purpose of her to stay in the UK. But if you can prove that your relationship predates her UK stay (with carefully selected evidence as above), you will overcome this.
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.

agnetha007
Newbie
Posts: 36
Joined: Sat Mar 19, 2016 7:52 pm

Re: Getting married with non-EU/EEA citizen

Post by agnetha007 » Tue Jul 02, 2019 8:45 pm

kamoe wrote:
Sun Jun 30, 2019 5:33 pm
agnetha007 wrote:
Sun Jun 30, 2019 4:19 pm
Yes, that is what I meant. I provided a letter of support for UKVI, paid her student fees and accomodation. Sorry for the confusion. I used this term because in the UKVI guidelines it was called "financial sponsor" or something like that. We used Short Term Study (STS) route rather than Tier 4.
Got it, thanks for clarifying.
It might be worth to mention this in the application as it is an evidence that we lived together (as well as the evidence of the financial commitment).
The official advice is that it is up to the applicant to judge and supply sufficient evidence, and it is a very subjective matter.

A marriage certificate is the strongest proof. Pictures of the wedding or family visits, where both of your parents are in attendance are also strong evidence. After that, pictures of common travel (with dates), and a few letters of support of people who have known you as a couple, are also a good, and final nice touch.

If your relationship is genuine, you do not need much more than that.
OK, we will focus on this then. I saw numerous law firms recommend the letters of support, but to be honest they appear to be useless, because it's a very weak evidence and the caseworker has no practical means to verify them anyway.
The one point where they could challenge you is the fact that her student visa expired recently, in the assumption you are getting married with the only purpose of her to stay in the UK. But if you can prove that your relationship predates her UK stay (with carefully selected evidence as above), you will overcome this.
Thanks, this helps! We met regularly in different countries before she visited UK, so it should be easy to prove that!

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