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illegal marrying EEA national

Posted: Tue Aug 09, 2011 2:24 pm
by 31gstonepark
Dear everyone,

Me (EEA national permanent residence holder) and my partner (illegal in UK) are getting married. Finally family blessing given lol

I know that the Certificate of Approval was abolished in may this year. We booked our appointment to give notice direct through the Registrar. Are they going to ask us any questions and what to expect there?

What happens next? If we are given permission to get married then can we get married any time?

Can anyone stop us or smth any time between now and actual marriage date?

I believe after the marriage my partner is automatically legal in UK whilst I am exercising my rights as an EEA. Is that correct?

Do we need to apply for a residence card?

What is we just travel abroad to get a stamp in the airport confirming his right to stay. Is it a difficult way? Could they refuse an entry to him if we are married and travel together?

I see this as an easiest way as first I want him to get NI number sorted and start working. Plus get driving license etc.

If we apply for residence card for him his passport can be held there for long I believe. How long do normally applications take?

Did the quick route EEA2 applications is happening or not???

Thank you for all your help. xx

Posted: Tue Aug 09, 2011 2:47 pm
by Qman
Firstly, congratulations on getting the family's blessings.

You raise a few good questions, as you said the COA has been abolished but that has just made them more cautious at the registrars office. I don't think they have a set list of questions, mainly just stuff that could point to the marriage being anything other than what you say it is.

You'll need proof of Identity & Nationality (passport usu), proof of address (for each of you) and a prospective venue (doesn't have to be booked yet, you have a year from notice to wedding) once the venue is chosen you cannot change it without giving notice again. There'll be a fee £33.50 each (you can pay by card) then they may take you in for questioning, lol (Not as bad as it sounds for genuine couples)

After notice is given you can get married within 16 days, this is so anyone with any objections to the marriage can raise any concerns they may have. UKBA have been known to stop those that are suspicious but as a solicitor told me, once they see it's genuine they don't have a leg to stand on.

Your partner will be legal after the marriage and you can apply for RC then or now. The only difference is after you're married, your partner can get a confirmation letter COA (Certificate of Application) that shows he has the right to seek employment... as an unmarried couple it is usually not granted in the COA.

I'm not sure about the airport stamp confirming anything, but you should be allowed to travel together as long as you take you marriage certificate along.

Residence card applications take on average 4 months but you get the COA letter within a month usually.... Don't even get me started on the Premium applications for EEA2. The last I heard was, "Not definite or imminent" plus I have the feeling they will exclude those with a "...poor immigration history" anyway.

Good Luck ;)

Posted: Tue Aug 09, 2011 5:44 pm
by Directive/2004/38/EC
you can include a request for an immediate (early!) return of your passports and documents when you submit the RC application.

Also, you might want to get a few copies of your marriage certificate when you marry. Cheap and easy to do then. And then you can carry one when you travel without worrying that it is "the only one. the original"

Re: illegal marrying EEA national

Posted: Tue Aug 09, 2011 8:12 pm
by imraniqbal2010
31gstonepark wrote:Dear everyone,

Me (EEA national permanent residence holder) and my partner (illegal in UK) are getting married. Finally family blessing given lol

I know that the Certificate of Approval was abolished in may this year. We booked our appointment to give notice direct through the Registrar. Are they going to ask us any questions and what to expect there?

What happens next? If we are given permission to get married then can we get married any time?

Can anyone stop us or smth any time between now and actual marriage date?

I believe after the marriage my partner is automatically legal in UK whilst I am exercising my rights as an EEA. Is that correct?

Do we need to apply for a residence card?

What is we just travel abroad to get a stamp in the airport confirming his right to stay. Is it a difficult way? Could they refuse an entry to him if we are married and travel together?

I see this as an easiest way as first I want him to get NI number sorted and start working. Plus get driving license etc.

If we apply for residence card for him his passport can be held there for long I believe. How long do normally applications take?

Did the quick route EEA2 applications is happening or not???

Thank you for all your help. xx




Good Luck but be careful as the immigration officers do visit on the request of registrar.So in case if they do visit on that day they can stop the cermony and your BF could be in trouble.Just to warn you that you need to be ready for the good and prepare for the worst.