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fiancee EEA FP

Posted: Sun Apr 17, 2011 8:07 am
by Nimitta
Does anyone know how the fiancee EEA FP visa differ from usual Fiance(e)s and proposed civil partners visa? Apart from the obvious fact that the first is available for EU citizens who have not acquired the right of permanent residence yet while the second is for fiance(e)s of those who have settled in the UK.

The UKBA says that http://www.ukvisas.gov.uk/en/ecg/eunati ... t#22134552

Fiance(e)s and proposed civil partners are not recognised as family members or extended family members in the EEA Regulations. However, provisions have been made for fiance (e)s and proposed civil partners of EEA nationals paragraph 290 of the Immigration Rules. Fiance(e)s and proposed civil partners of EEA nationals applying under these Rules will have to pay the usual fee. For the purposes paragraph 290 of the Immigration Rules, an EEA national who is a qualified person in the UK is considered as present and settled.

So, this EEA FP for fiance(e)s, although bears the name of EEA FP, is governed by domestic immigration laws. The usual fee should be paid. What about other provisions like speedy expedition? Do they call it EEA FP as a matter of form?

If one has a choice between EEA FP for fiance(e)s and Fiance(e)s and proposed civil partners visa, is there any reason for one to prefer one over the other?

Does UKBA even receive applications for EEA FP for fiance(e)s at all?

Re: fiancee EEA FP

Posted: Sun Apr 17, 2011 10:57 pm
by kabuki
Nimitta wrote:Does anyone know how the fiancee EEA FP visa differ from usual Fiance(e)s and proposed civil partners visa? Apart from the obvious fact that the first is available for EU citizens who have not acquired the right of permanent residence yet while the second is for fiance(e)s of those who have settled in the UK.

The UKBA says that http://www.ukvisas.gov.uk/en/ecg/eunati ... t#22134552

Fiance(e)s and proposed civil partners are not recognised as family members or extended family members in the EEA Regulations. However, provisions have been made for fiance (e)s and proposed civil partners of EEA nationals paragraph 290 of the Immigration Rules. Fiance(e)s and proposed civil partners of EEA nationals applying under these Rules will have to pay the usual fee. For the purposes paragraph 290 of the Immigration Rules, an EEA national who is a qualified person in the UK is considered as present and settled.

So, this EEA FP for fiance(e)s, although bears the name of EEA FP, is governed by domestic immigration laws. The usual fee should be paid. What about other provisions like speedy expedition? Do they call it EEA FP as a matter of form?

If one has a choice between EEA FP for fiance(e)s and Fiance(e)s and proposed civil partners visa, is there any reason for one to prefer one over the other?

Does UKBA even receive applications for EEA FP for fiance(e)s at all?
From the looks of it, it seems as if it's the same for the most part. I'd say the only difference is that you would have prove that you are exercising your EEA treaty rights. Since EU law has no provisions for fiance(e)s, the UKBA are able to charge for the visa.

Have you been living together for at least 2 years? If so, then I would just apply as unmarried partners. It would be free.

Re: fiancee EEA FP

Posted: Mon Apr 18, 2011 7:45 am
by Nimitta
kabuki wrote: From the looks of it, it seems as if it's the same for the most part. I'd say the only difference is that you would have prove that you are exercising your EEA treaty rights. Since EU law has no provisions for fiance(e)s, the UKBA are able to charge for the visa.
Well... until they got married, proving exercising EEA treaty rights wouldn't be possible since fiance(e)s are not family members. So, this part is purely under "domestic" law. The question is about processing time for this particular EEA FP. Another question is would the application be accepted at all?
kabuki wrote: Have you been living together for at least 2 years? If so, then I would just apply as unmarried partners. It would be free.
Well... It's not about me actually, but they have not lived together. There is no way they can be issued the visa for unmarried partners.