Border treaty rights with name discrepancy
Posted: Sun Dec 20, 2020 3:43 pm
Hi
Our details - My wife and I have just got married several days ago. She has Romanian and Australian passports. I have an Australian passport. We currently reside in Australia. Our aim is to arrive in Edinburgh prior to the end of the year and apply for pre-settled status. We have not had time to get a FP so our only option is to use her treaty rights for my entry.
The Complicating factor is that she has different names on her Australian and Romanian passports (e.g. one has C and one has K). Our marriage certificate will have her Australian name, not the Romanian.
Could this cause issues in demonstrating relationship, either for the BFO or for when applying for presettled status? For instance, her boarding pass will have to be her Australian, not Romanian name.
We’re also a little concerned that it may look suspicious that we just married so close to the deadline but we do have other evidence of our 6 year relationship.
Considering all that is there a high chance of success at the border without an EEA FP?
If I first try to enter as her partner and am refused is there any opportunity the BFO will allow temporary entrance as a tourist/visitor?
My primary reason of concern is that my wife has a health condition and isn’t able to travel separately at all. So any chance of being separated is a major worry.
If it helps our case at all, we have considerable savings and I am a civil engineer, i.e., there shouldn’t be issues proving ability to purchase onward flights, should I be able to enter as a tourist.
Greatly appreciate any and all advice.
Thanks
Our details - My wife and I have just got married several days ago. She has Romanian and Australian passports. I have an Australian passport. We currently reside in Australia. Our aim is to arrive in Edinburgh prior to the end of the year and apply for pre-settled status. We have not had time to get a FP so our only option is to use her treaty rights for my entry.
The Complicating factor is that she has different names on her Australian and Romanian passports (e.g. one has C and one has K). Our marriage certificate will have her Australian name, not the Romanian.
Could this cause issues in demonstrating relationship, either for the BFO or for when applying for presettled status? For instance, her boarding pass will have to be her Australian, not Romanian name.
We’re also a little concerned that it may look suspicious that we just married so close to the deadline but we do have other evidence of our 6 year relationship.
Considering all that is there a high chance of success at the border without an EEA FP?
If I first try to enter as her partner and am refused is there any opportunity the BFO will allow temporary entrance as a tourist/visitor?
My primary reason of concern is that my wife has a health condition and isn’t able to travel separately at all. So any chance of being separated is a major worry.
If it helps our case at all, we have considerable savings and I am a civil engineer, i.e., there shouldn’t be issues proving ability to purchase onward flights, should I be able to enter as a tourist.
Greatly appreciate any and all advice.
Thanks