Immigrationboards.com

Hello everyone,

I am a non-EU national who is in a relationship with an EU citizen. We were due to marry in October before it was cancelled due to the lockdown but then the registrar office called yesterday to inform that the earliest date they have for wedding ceremonies is January 2021. My question is, given the fact that we have done the customary wedding in our home country and the marriage was registered in the country (he has a dual nationality), if we couldn't get a wedding date this month, can I still make my EUSS application using our proxy wedding certificate, the council tax, tenancy agreement, all in both our names?

Or can I still make a valid EUSS application after Dec. the 31st given the fact that the registrar couldn't give a date due to the backlog, thanks to the lockdown?

I look forward to hearing from you all.
Thanks in advance.

Jagaban2020 wrote: ↑

Sat Dec 05, 2020 10:33 am

I am a non-EU national who is in a relationship with an EU citizen.

Do you have a EEA Residence Card as their unmarried partner?
Also, since you describe them as EU citizen, I am assuming they are not from Switzerland. Can you confirm?

My question is, given the fact that we have done the customary wedding in our home country and the marriage was registered in the country (he has a dual nationality),

What is your home country? Is this a legally recognized ceremony in the UK?

can I still make my EUSS application using our proxy wedding certificate, the council tax, tenancy agreement, all in both our names?

Not if your ceremony is not legally recognized in the UK, unless... your parter is from Northern Ireland, in which case unmarried partners don't need a EEA RC. As you can see the EU partner's nationality is actually quite crucial here.

can I still make a valid EUSS application after Dec. the 31st

You can make a valid application after December 31st on three conditions:
1. Your family relationship started before December 31st.
2. The EU partner has status under the settlement scheme
3. The relationship continues to exist on the date of application.

So they key thing is:
The family relationship of unmarried partners starts when the non-EU partner is issued with a EEA RC, hence why I ask my first question.
The family relationship of married partners starts on the UK-recognized wedding date.

given the fact that the registrar couldn't give a date due to the backlog, thanks to the lockdown?

Sadly I do not think covid is going to be a justification for missed deadlines, since these have been announced about two years ago, well before covid was a thing. But this is just my personal opinion, haven't heard any communication indicating otherwise.

** Do you have a EEA Residence Card as their unmarried partner?
Also, since you describe them as EU citizen, I am assuming they are not from Switzerland. Can you confirm?

Answer: No, I don't have it. I have 2.5years LTR

** What is your home country? Is this a legally recognized ceremony in the UK?

Answer: We are both of Nigerian descent but he is also a Dutch. Yes, it is legal both in the UK & Nigeria.

** Not if your ceremony is not legally recognized in the UK, unless... your parter is from Northern Ireland, in which case unmarried partners don't need a EEA RC. As you can see the EU partner's nationality is actually quite crucial here.

Answer: The Marriage Acts says proxy marriage is recognized in the UK provided it is legal in the country of ceremony and legally registered there accordingly.

Jagaban2020 wrote: ↑

Sat Dec 05, 2020 3:41 pm

The Marriage Acts says proxy marriage is recognized in the UK provided it is legal in the country of ceremony and legally registered there accordingly.

The bottomline is that the start date of your family relationship (the date of any legal wedding, no matter where it takes place, as long as it is considered legal in the UK) needs to be December 31st 2020 for you to be eligible to apply for the Settlement Scheme.

So, if and only if, your Nigerian wedding is legal in the UK, then that is effectively the start date of your relationship and your UK wedding is of secondary importance here at it can take place whenever you want. In fact, if your Nigerian wedding is UK-legal, then you wouldn't really need to get married in the UK at all. It would for sure make your life easier for future admin purposes, but it wouldn't be necessary for you to meet the criteria for the Settlement Scheme.

Obviously, I meant that the start date, or date of legal wedding needs to be before December 31st, not precisely on December 31st.

Nigerian customary marriages are recognised in the UK as lawful marriage provided the necessary procedure such as payment of appropriate dowry was made and the marriage was then registered and an affidavit provided by the registrar that the ceremony was done in accordance with thw necessary customary procedure.