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Newly married to eea but on tier 2 general
Posted: Fri Jul 12, 2019 8:32 am
by MM24
I recently married my partner (Polish) in Poland and we are on our honeymoon in Europe. I hold a tier 2 General visa and when we return I was wondering if i just re-enter under tier 2 General or do I also need a stamp as a family member?
Re: Newly married to eea but on tier 2 general
Posted: Fri Jul 12, 2019 10:55 am
by kamoe
MM24 wrote: ↑Fri Jul 12, 2019 8:32 am
I recently married my partner (Polish) in Poland and we are on our honeymoon in Europe. I hold a tier 2 General visa and when we return I was wondering if i just re-enter under tier 2 General or do I also need a stamp as a family member?
If your Tier 2 visa is still valid when you come back, you can legally do either. If you have your marriage certificate with you, easiest thing would be to go together to the EU queue, and present yourselves as a family. You'll get a stamp. If you do not have your marriage certificate with you, you might not be able to do this, in which case you'll likely have to go through the normal international queue with your Tier 2 (which is, I suppose, what you did in the past if you traveled together before your wedding?).
Note that once back in the UK, it might be in your interest to apply for either a EEA Residence Card (which can coexist with your Tier 2) or Pre-Settled status (which will curtail your Tier 2). Which one to choose depends on you, and it is an entirely different topic
Re: Newly married to eea but on tier 2 general
Posted: Fri Jul 12, 2019 12:57 pm
by MM24
So if I go through the eu queue will it matter that the certificate is in Polish?
Re: Newly married to eea but on tier 2 general
Posted: Fri Jul 12, 2019 2:19 pm
by kamoe
MM24 wrote: ↑Fri Jul 12, 2019 12:57 pm
So if I go through the eu queue will it matter that the certificate is in Polish?
I don't have firsthand experience in this particular situation, but I guess your bets shot is to ask an official which queue you can join given your situation (no Family permit, Polish marriage certificate, Tier 2).
Actually, I have explained in other posts how immigration procedures at Heathrow (where they are rather understanding and accommodating) are very different from practices at Birmingham (where they are rather aggressive and restrictive), so you might save yourselves a headache by asking for advise on what to do/which queue to join first when you arrive.
I believe they have to exhaust all possibilities of verifying you are legally married before refusing you entry on family grounds (this includes finding someone who can read Polish if the immigration official cannot) so my guess is attempting the stamp
might take a while, depending on what airport you arrive at.
If all fails, you still have your Tier 2.
Re: Newly married to eea but on tier 2 general
Posted: Sat Jul 13, 2019 1:05 pm
by MM24
Will this stamp (in the short term) confirm my rights to work and stay in the UK until I get an rc or pss?
Re: Newly married to eea but on tier 2 general
Posted: Sat Jul 13, 2019 9:25 pm
by askmeplz82
They won't accept polish marriage certificate .
You should come back with your Tier 2 Residence Permit. Then when you are here Translate the certificate with certified translator and then apply for EU RESIDENCE CARD .
Are you interested in ILR or PR or Settled status in near future ?
If you switch to EU route you can apply ILR LONG RESIDENCE * 10 YEARS ROUTE * or EU settlement Scheme Settled Status after 5 years living in the UK as an EU family member
Re: Newly married to eea but on tier 2 general
Posted: Sun Jul 14, 2019 10:48 am
by Blacksea28
MM24 wrote: ↑Fri Jul 12, 2019 12:57 pm
So if I go through the eu queue will it matter that the certificate is in Polish?
You can get international marriage certificate, it is valid in any EU country and no need to translate. There is government portal, your partner can log in and order it online and pay online as well. Cost about 20-30PLN
Re: Newly married to eea but on tier 2 general
Posted: Sun Jul 14, 2019 2:04 pm
by MM24
one last question.
When applying for the EEA RC can we use her ID card if it is with the old name?
As she lives in UK its hard to get a replacement as it would seem she needs to travel to poland to get a new one.
Re: Newly married to eea but on tier 2 general
Posted: Sun Jul 14, 2019 2:11 pm
by Blacksea28
MM24 wrote: ↑Sun Jul 14, 2019 2:04 pm
one last question.
When applying for the EEA RC can we use her ID card if it is with the old name?
As she lives in UK its hard to get a replacement as it would seem she needs to travel to poland to get a new one.
It should not be a problem if you have international marriage certificate because on that certificate, they will see her old and new surname.
Re: Newly married to eea but on tier 2 general
Posted: Sun Jul 14, 2019 2:13 pm
by MM24
she just tried to sign up for that account but no luck as she doesnt have a Qualified e sig (she hasnt setup the account before)
Re: Newly married to eea but on tier 2 general
Posted: Sun Jul 14, 2019 2:14 pm
by Blacksea28
Blacksea28 wrote: ↑Sun Jul 14, 2019 2:11 pm
MM24 wrote: ↑Sun Jul 14, 2019 2:04 pm
one last question.
When applying for the EEA RC can we use her ID card if it is with the old name?
As she lives in UK its hard to get a replacement as it would seem she needs to travel to poland to get a new one.
It should not be a problem if you have international marriage certificate because on that certificate, they will see her old and new surname.
But in case of any issue, HM would tell it and then she can replace ID/passport in Embassy of the Republic of Poland in London
Re: Newly married to eea but on tier 2 general
Posted: Sun Jul 14, 2019 2:17 pm
by Blacksea28
MM24 wrote: ↑Sun Jul 14, 2019 2:13 pm
she just tried to sign up for that account but no luck as she doesnt have a Qualified e sig (she hasnt setup the account before)
If she has any relative/Friend in Poland, she can write a letter in Polish, sign, scan it and send over the person who can get it on her behalf
Re: Newly married to eea but on tier 2 general
Posted: Mon Jul 15, 2019 5:40 pm
by MM24
Just an update. When I went to border control they looked at the marriage certificate and they just waived me on through as I have an Australian passport I don't need a stamp.
Re: Newly married to eea but on tier 2 general
Posted: Sat Aug 24, 2019 6:54 pm
by MM24
I have a question around applying for settled status. I don't have a brc and it says I need to apply via post. How do I send it as they didn't give me details.
Re: Newly married to eea but on tier 2 general
Posted: Fri Aug 30, 2019 12:39 am
by askmeplz82
MM24 wrote: ↑Sat Aug 24, 2019 6:54 pm
I have a question around applying for settled status. I don't have a brc and it says I need to apply via post. How do I send it as they didn't give me details.
You Can apply online and you can only apply pre settled status " where they have completed a
continuous qualifying period of residence in the UK and Islands of
5 years as a family member of a relevant EEA citizen "