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Non-EU looking to get engaged to an EU in the UK

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

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joshuag98
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South Africa

Non-EU looking to get engaged to an EU in the UK

Post by joshuag98 » Wed Jul 17, 2019 3:28 pm

Hi there.

I've done some extensive research of the past few weeks.
So, my girlfriend recently moved up to the UK and is currently staying there with her parents. She has a German passport, making her an EU citizen and she's already applied for the EU settlement scheme so that she can retain her right to live and work in the UK when the immigration regulations come in sometime at the end of 2020. She also has a job paying around 24000 pounds per annum. Now I plan on visiting her up there from November 2019 till end of January 2020 on a visitor visa. I plan on asking her hand in marriage when I'm up there (I'm currently a South African citizen residing in Cape Town). I read up that I could apply for an EU settlement scheme family permit to join her seeing as she's an EU and I'm a non-EU.
So my question is, will the immigration office allow me a family permit if I've only been with her for 9 months after getting engaged? We would be 9 months at the end of January.
My intention is to live in the UK and spend the rest of my life with her.
Now, the reason I want to get engaged is because we both love each other very much and have given many hints on marrying each other. So actually my intention wouldn't only be to work up there but actually marry her because I love her and am prepared to spend the rest of my life with her. (Although I would appreciate the better economy and benefits of working in the UK).
So will the authorities see it this way? Because I have a feeling they'd see it as a way for me to take advantage of the system (which is understandable). They'd also ask to prove our relationship.
So would 9 months of a relationship be enough to apply? I'd be engaged to her before I apply.
Also another thing to mention is that I would be 21 and she would be 20 at the time. So is youth also a problematic factor at all?
I'd like to apply for a permit before the end of 2020 if you understand.
Any advice or information would be much appreciated!

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Casa
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Re: Non-EU looking to get engaged to an EU in the UK

Post by Casa » Wed Jul 17, 2019 5:41 pm

There is no EEA 'engagement' permit. You either need to have married or lived together in a durable relationship 'akin to marriage for at least 2 years.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

joshuag98
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Joined: Wed Jul 17, 2019 2:57 pm
South Africa

Re: Non-EU looking to get engaged to an EU in the UK

Post by joshuag98 » Wed Jul 17, 2019 6:05 pm

Okay so considering we're on a long distance relationship right now. We have taken photos together and have chat evidence throughout our relationship. We don't however have joint mortgage, rent, bank accounts etc.
Only witnesses and family to prove our relationship. Would you consider it a durable relationship if we've been together for 2 years based only on that evidence? Or would it require us to live together or get married?

kamoe
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Re: Non-EU looking to get engaged to an EU in the UK

Post by kamoe » Wed Jul 17, 2019 7:45 pm

joshuag98 wrote:
Wed Jul 17, 2019 6:05 pm
Okay so considering we're on a long distance relationship right now. We have taken photos together and have chat evidence throughout our relationship. We don't however have joint mortgage, rent, bank accounts etc.
Only witnesses and family to prove our relationship. Would you consider it a durable relationship if we've been together for 2 years based only on that evidence?
No, this will NOT be considered a durable relationship, 'akin to marriage', since you have not shared financial commitments during those two years (and presumably haven't lived together either?).
Or would it require us to live together or get married?
It would be necessary for you to either:

a) Live together for 2 years AND share financial commitments throughout those 2 years.
b) Be married.

If you have not been living together at all, you cannot count the 9 months you have been together as part of those the 2 years required in option a). Also, as Casa said, you are not eligible for a EEA Family Permit if you are only engaged, and not already married.
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.

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Casa
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Re: Non-EU looking to get engaged to an EU in the UK

Post by Casa » Wed Jul 17, 2019 8:45 pm

At present you will be considered to be 'boyfriend and girlfriend' and there is no residence permit under EEA Regulations, or visa under the UK Immigration Rules for this type of relationship. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

joshuag98
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Posts: 4
Joined: Wed Jul 17, 2019 2:57 pm
South Africa

Re: Non-EU looking to get engaged to an EU in the UK

Post by joshuag98 » Thu Jul 18, 2019 6:51 am

Ahh okay guys thanks for giving me clarity on this.
Appreciate the information!

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