student+Lithuania+questions I couldn’t find answers to here

Hi, i am from Ukraine, on the student visa here, I have a girl-friend from Lithuania, and we ve been seeing each other for 1.5 years, we recently decided to get married but we are not living together yet. We are looking for an appropriate accommodation right now. i know the procedure of getting married approximately, but i have certain questions. Since my visa expires in 5 months time i only have 2 months to apply for the COA.

questions:
1. because we will start living together only hopefully this month, so if we have some papers to prove that we live together they will only be for less then a month (approximately). So do you know how will this influence the application for "family permit" and would you have any suggestions as to how to proceed about the application. also would you know how this fact might complicate the consideration of the application, like for example = will there be an interview and what is it gona be like. Really sorry for so many questions, we are just a bit worried.

2. she has been here for almost 2 years but she has only registered under WRS, i have heard that there is some kind of "residence permit " must be applied for as well after the first year of stay. so is it compulsory to apply for such a permit or not, or is it advisable for any reason.

3. what application i have to make as the non EU family member, exact name; if you can where can i find more information on how to apply and what documents i have to enclose and etc.

i would very much appreciate your help
many thanks

Hi, using your numbering :-

1. I think you need to appreciate that it is absolutely not a requirement for people to live together before they are married! They might voluntarily decide to do that, but that is their decision, and no way does lack of living together before the marriage have any detrimental effect on any post-marriage application.
2. Has she been registered under the WRS for at least 12 months? If so then she should indeed apply for a Residence Permit using form EEA1. Assuming that she has been registered under the WRS for 12 months, she could apply for her Residence Permit at the same time as you apply for yours.
3. After the marriage has happened you should use form EEA2 to apply for a Residence Permit, based upon your wife exercising her Treaty Rights in the UK. By the way, is she still working here? If not, how is she exercising her treaty rights?

You mention the CoA. Apply for that without delay. It will take about 2 months to be dealt with. After you get that the two of you will need to attend a designated Register Office and give the need Notice of Intention to Marry. After the notice is posted on the board for 15 days you will receive the needed permission to marry.

very many thanks for such a fast reply
if i could please ask a bit more:

1. i know COA must be applied for 3 months before visa expiration, so must it simply "be applied for" or must it "be received" 3 months before visa experation

2. you mentioned "needed permission to marry" in your reply so is that the COA, i thought COA is what i get from home office, i am confused, could you please clarify if you can.

3. would you have a link to IND web to learn more about COA and the procedures.

4. so is it compulsory for her to register for the residence permit after 12 months (12 after WRS have already gone) and before i ask for COA or not.

very many thanks again John.

Sorry for the delay in replying. I did not spot this yesterday.

Using your numbering :-

1. You merely need to apply when more than 3 months is left on the current visa. And really, given that you clearly are going to apply for CoA ... apply now ... without delay.
2. Nothing at all to do with immigration matters. The notice is posted on the board at the Register Office for 15 days. Only after the completion of that period do the couple get the permission to marry. Or put it another way, if a couple walk in off the street and say they want to get married, can they? No! Not until the notice of their intention to marry has been displayed for 15 days.
3. The form to apply for CoA is available by clicking here. As said above, get this completed and sent off as soon as possible. There is no logical reason to delay the submission of that form.
4. You can apply for the CoA before she has a Residence Permit. After all she is already an EEA Citizen and therefore does not need a CoA for herself. Is it compulsory for her to apply for a Residence Permit? I think not, but then, why would she not want to? No logical reason to stay registered on the WRS.

John, thank you so much for your help, i will let you know how things are going.

M