Getting Married while appealing EEA2 UP RC Refusal?
Posted: Sat Mar 08, 2014 5:51 pm
My girlfriend (legally working Bulgarian exercising treaty rights in UK) and I (American National) have been in a relationship and living together since May 2012 (not quite 2 years). My EEA2 unmarried partner residence card application was refused on 3 March 2014 solely because of the supposed 2 year minimum co-habitation requirement (this was specifically mentioned in the refusal letter).
I now have to appeal this decision or be forced to leave the UK and my girlfriend as I came here as a tourist in July 2013 and those 6 months were up in January 2014 (we were living together in the US before I came here with her). I have hope that if my case came before a judge who actually looked at all of our evidence that they might reverse this decision as EEA regulations do not specify such a 2 year minimum requirement.
but.....
My questions are:
Can my girlfriend and I just get married after I lodge the appeal, cancel the appeal once married, and then apply for a resident card on the basis of being a married partner?
Am I correct in assuming that once married, applying for a resident card as a married partner would be much faster (only 2 - 3 months) and more guaranteed than waiting on the appeal (8+months)?
We have been considering marriage anyways and do not want to have to wait another 8+ months for the uncertain appeal if we don't have to.
Any insight or thoughts would be greatly appreciated!
I now have to appeal this decision or be forced to leave the UK and my girlfriend as I came here as a tourist in July 2013 and those 6 months were up in January 2014 (we were living together in the US before I came here with her). I have hope that if my case came before a judge who actually looked at all of our evidence that they might reverse this decision as EEA regulations do not specify such a 2 year minimum requirement.
but.....
My questions are:
Can my girlfriend and I just get married after I lodge the appeal, cancel the appeal once married, and then apply for a resident card on the basis of being a married partner?
Am I correct in assuming that once married, applying for a resident card as a married partner would be much faster (only 2 - 3 months) and more guaranteed than waiting on the appeal (8+months)?
We have been considering marriage anyways and do not want to have to wait another 8+ months for the uncertain appeal if we don't have to.
Any insight or thoughts would be greatly appreciated!