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EU-Romanian and UK-Naturalised, marrying Japanese

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

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AlexAlex78
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Posts: 11
Joined: Sat Aug 17, 2019 2:15 pm
Romania

EU-Romanian and UK-Naturalised, marrying Japanese

Post by AlexAlex78 » Sat Aug 17, 2019 2:42 pm

Hi all

Apologies, if I am posting this twice or in the wrong place...I am trying to find my way around the forum.

Here is my dilema...

I’m a British citizen, born in EU (dual citizenship), settled in the UK for the last 15 years.
I am planning to marry a Japanese who lives in Japan. We have known each other from February 2019, decided to marry as soon as we can, but do not have a set date as yet… probably sometimes at the beginning of 2020.

We want to live in the UK for the first 5 years. Although I would be more than willing to support my wife to be, she would like to work as soon as possible.

I was born in Romania, settled in the UK from 2003 and became a British Citizen in 2018. I hold to passports (Romanian and British)

I have tried to look into it but at no avail, I am not clear on what would be the best option?
Where to marry, what visa to apply for etc…

So far we’re thinking to get marry in Japan following gov.uk procedures (https://www.gov.uk/marriage-abroad/y/japan/opposite_sex) and apply for UK spouse visa from Japan once we have our marriage certificate.

Another option is to marry under EU law using my Romanian citizenship, also in Japan. And then apply for Family permit and later EU Settlement

Has anyone here been in a similar situation? What would be the easiest, cheaper, most straightforwards solution?

Thank you for your time!

worrieduk
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Posts: 36
Joined: Tue Jul 30, 2019 9:35 pm

Re: EU-Romanian and UK-Naturalised, marrying Japanese

Post by worrieduk » Sat Aug 17, 2019 3:03 pm

I don't know how Dual Citizenships work with EEA family permits but I'm a BC with a Japanese spouse.

We married in Japan and are moving to the UK next month from Europe with their EEA Family permit which we hope to change to pre-settled status for them.

I feel that the EEA family route is certainly cheaper than the UK route as the UK visa alone is £1500 and you'd have to pay £800 for your wife for a healthcare contribution. However, there is a time crunch with Brexit and this EU route could cease to exist fairly soon.

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Casa
Moderator
Posts: 25685
Joined: Wed Jul 23, 2008 2:32 pm

Re: EU-Romanian and UK-Naturalised, marrying Japanese

Post by Casa » Sat Aug 17, 2019 3:21 pm

From the details given in your opening post, your wife qualifies to apply for an EEA family permit under the Lounes v SSHD C-165/16 ruling.
(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.

it91
Member
Posts: 118
Joined: Thu Oct 11, 2018 2:22 pm

Re: EU-Romanian and UK-Naturalised, marrying Japanese

Post by it91 » Sat Aug 17, 2019 3:41 pm

You will need to apply for EEA Settlement Scheme via Lounes case. Me and several people have experienced this and please have a look at Dual UK/EEA citizen’s spouse PSS applications posts and the ones about Lounes Case.
24.01.15-31.12.19:Tier 4 visa
02.08.19: Applied to Lounes PSS
08.08.219: Passports back with biometrics letter
12.08.19: Biometrics submitted
15.08.19: CoA issued (received on 19th)
30.08.19: PSS Granted
09.09.19: BRC arrived
31.11.19:BRC replacement

AlexAlex78
Newly Registered
Posts: 11
Joined: Sat Aug 17, 2019 2:15 pm
Romania

Re: EU-Romanian and UK-Naturalised, marrying Japanese

Post by AlexAlex78 » Sat Aug 17, 2019 4:24 pm

Thank you so much, this is all very helpful. I am gonna carry on my research on this...but the Lounes ruling seems the way forward!

it91
Member
Posts: 118
Joined: Thu Oct 11, 2018 2:22 pm

Re: EU-Romanian and UK-Naturalised, marrying Japanese

Post by it91 » Sun Aug 18, 2019 7:23 am

AlexAlex78 wrote:
Sat Aug 17, 2019 4:24 pm
Thank you so much, this is all very helpful. I am gonna carry on my research on this...but the Lounes ruling seems the way forward!
Yes, indeed. No problem. You will need to request a paper form from Home Office and it’s pretty straightforward.
24.01.15-31.12.19:Tier 4 visa
02.08.19: Applied to Lounes PSS
08.08.219: Passports back with biometrics letter
12.08.19: Biometrics submitted
15.08.19: CoA issued (received on 19th)
30.08.19: PSS Granted
09.09.19: BRC arrived
31.11.19:BRC replacement

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