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residence permit

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Marriage | Unmarried Partners | Fiancé/e | Ancestry

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kati
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Posts: 3
Joined: Fri Jun 10, 2005 6:11 pm

residence permit

Post by kati » Fri Jun 10, 2005 6:38 pm

Hello everyone :)

Thanks in advance to anyone who will take some time and try to help me.

I am a non-EEA citisen,my boyfriend that I am going to marry :D next month is from an EEA country. We will get married in my country and I will apply for my EEA family permit from there,at least thats the application I think I have to make.If I'm wrong please let me know,I'm very new in this and still many things are not clear to me.I want to have all the right documents when I go to the embassy,dont want to be separated from my boyfriend for long.

What is confusing me,I read on this forum about,is my boyfriends Residence Permit.We didnt think we need that,but now I'm not sure.
So,my question is:
Does he needs to have a residence permit for me to present with all the other documents in the UK embassy in my country or is it just optional?

Thanks a lot for your help.
Kati

bash_h
Junior Member
Posts: 70
Joined: Tue Mar 22, 2005 5:36 pm

Post by bash_h » Fri Jun 10, 2005 6:52 pm

What is your nationality and what is the nationality of your boyfriend?

As a general rule, I dont think the boyfriend would need a residence permit beforehand, as he already has the freedom to travel & work within the EU/EEA

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Fri Jun 10, 2005 9:44 pm

Is your fiancé already living and working in the UK? If so he should certainly provide evidence that is the case.

You should use application form VAF1 and obviously tick the "EEA Family Permit" box. The fee for the application? Free!

The main points are :-
  • your husband (as he will be) providing proof that he is an EEA national - showing his passport should do that
  • you showing you are married to your husband, an EEA national - your marriage certificate will do that. If the certificate is not in English provide the original and a translation into English
  • proof that your husband is exercising his community rights to live and work in the UK - proof of address and payslips and tax form P60 will assist
John

kati
Newly Registered
Posts: 3
Joined: Fri Jun 10, 2005 6:11 pm

Post by kati » Sun Jun 12, 2005 11:30 am

Hi and thanks for the help.

I am from Macedonia and living in London,on a student visa which will expire in 5 months.Thats the reason why we cant get married here,I was told that I need more than 6 months of my visa for HO to allow me to get married.I dont mind this as I prefer to be home with my family.

My fiance is from Argentinian,but his father is Italian and thats how he's got the Italian passport.He is living and working in the UK and will have all of those documents regarding accomodation and work.

I know that his passport is proof enough that he can live and work in the UK,we call HO to ask them what they think about,will he need the residence permit or not,they said that if we're applaying from here he will have to make the application for residence permit on my behalf and include me in it.But applaying from outside UK they said they're not sure,probably we dont need it.

Been trying to contact the British Embassy in Macedonia,imposibile to get anyone on the phone.Will try again on Monday.

Thanks Thanks a lot!
Is helping me a lot being able to talk to someone else about this.

Kati

jjustyy
Member
Posts: 134
Joined: Sat Jun 04, 2005 2:52 pm
Location: Cambridge, UK
Ireland

Post by jjustyy » Sun Jun 12, 2005 3:08 pm

Kati, your information is incorrect. You need to have a visa which has a length of at least 6 months, but which has 3 months left. The Home Office will let you marry. Your Certificate of Approval will just say you have to marry in 3 months time or by the end of expiry of your visa, which ever is soonest. I am getting married to my fiancee in 3 weeks time and her visa also expires in 5 months.

So congratulations, marriage is a possibility!

http://www.ind.homeoffice.gov.uk/ind/en ... tting.html

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Sun Jun 12, 2005 3:21 pm

Kati, jjustyy is totally right. You can download an application form to apply for a Certificate of Approval to Marry ("CoA") by clicking here.

After getting that CoA the two of you can go along to your nearest designated Register Office and give Notice of Intention to Marry, then get married in the UK, then apply for your EEA Family Permit in the UK.

All this assumes that your student visa, when it was issued, was for greater than six months duration and that at least three months validity are left. You say that five months are left, so don't leave it too long before an application for CoA gets submitted.
John

kati
Newly Registered
Posts: 3
Joined: Fri Jun 10, 2005 6:11 pm

Post by kati » Mon Jun 13, 2005 6:17 pm

Oh,I wished I knew this earlier :?

We've got arranged the date already,some guests invited,the time off from work arranged and the tickets both.We didnt lose any time in doing this as we were quite excited about it and wanted to do it as soon as posibile.I dont know if I've got the heart to cancell it all now,my family are hardly waiting to meet my fiance and for the wedding.

We will have to really think about it good as is not an easy decision at the moment.He is also very enthusiastic and thinks everything will be fine and I'll be back in the UK very soon.

Thanks a lot for all your help and will definitely let you guys know how the things in my life are going.
Kisses xxx

Sonja

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Mon Jun 13, 2005 6:31 pm

Of course the fact that the two of you could have got married in the UK does not force that to happen. The UK fully recognises as legally valid any marriage that happens outside the UK, as long as it is recognised as legally valid in the country in which it takes place.

Also, getting an EEA Family Permit in the UK is notoriously slow ... many months. Getting one abroad will be very much quicker ... almost instant by comparison.
John

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