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Going to the UK - Non-EU partner of an EU (Help!)

Posted: Tue Jan 15, 2013 3:06 am
by michelgrrrr
I am from Brazil and it has been 2 weeks since I came to Portugal and we got married here (he is portuguese). We're a gay couple and want to move to London in a week. We'll be going as job seekers.
I can get in the UK without the EEA1 because I'm a non visa national (Brazil), but when arriving in London, would I'd go through the non-Eu entry or the Eu entry? I would show my marriage certificate when getting in anyway, but would I need to be with my partner?

Posted: Tue Jan 15, 2013 8:53 am
by Lucapooka
You can do either. Each route (UK visitor, or Non-EU Partner) will have its own requirements that you need to fulfil. You would need to be with your partner if you were seeking entry as the partner of an EU citizen. Entering individually as a Brazilian visitor requires the admitting officer to be satisfied that you would leave the UK after the visit. That might not be possible to demonstrate if you are with your EU partner and intend to reside in the UK.

In preparation for your entry it's worth knowing that your particular circumstances are considered high risk with regard to immigration fraud. Unfortunately, Portugal has a high incidence of sham marriage with regard to the UK. Even a male-female marriage between a Brazilian and Portuguese would raise a flag due to the sheer historical volume of fraudulent cases; a union between same-sex partners that is only a week old raises the bar significantly. If you are going to the UK as a non-EU partner, and are not going to apply for an EEA Permit before you attempt to enter, you should carry as much evidence as possible of your historical and genuine relationship.