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Can I apply as a non EEA2 member?
Posted: Sat Jan 07, 2012 8:00 pm
by jjoell23
Please advise,
My friend he, is on study visa living in uk since June 2010. His student visa will expire in Dec 2013.
His girl friend living in uk since 2 years and working full time since 1 year. She is an EEA national.
Can My friend apply as a non EEA2 family member. however, they has been living togather since last two months. They planning to get married in March 2012.
Can you please assist that he has to wait for 2 years living togather to apply for EEA residence card?? or can he apply before?
Look forward to hear from your valueable advice.
Posted: Sat Jan 07, 2012 8:18 pm
by John
Once the two of them are married he will be a family member of an EEA Citizen who is exercising Treaty Rights in the UK, so he will then be able to submit a form EEA2 to get a Residence Card.
Posted: Sat Jan 07, 2012 9:22 pm
by jjoell23
Thanks John
Posted: Sun Jan 08, 2012 12:52 pm
by DestinyChild
jjoell23, your friend can apply for a Residence Card ( EEA2 ) after he marries his EEA Girlfriend. The UKBA might ask for proof of cohabitation and other documents that will prove that it not a Sham Marriage. That is the area where you have to be careful. Since your friend's Student Visa expires in 2013, he should not fret too much. He should cohabit with his woman for about 5 Months more before they send his EEA2 Application in. They would both have more documents and evidence in their names then. I don't foresee your friend having problems because he is legal in the UK. I wish him the best.
Posted: Mon Jan 09, 2012 8:32 pm
by jjoell23
Thanks all of you for your valuable advice.
Just realised that his girl friend is 19 years old and I believe they can't get married in UK?
If they get married abroad e.g. Dubai etc would UK immigration accept this?
Posted: Mon Jan 09, 2012 8:48 pm
by John
Just realised that his girl friend is 19 years old and I believe they can't get married in UK?
Why? If she is 19 then she is an adult, and can decide for herself whether to get married.
Posted: Mon Jan 09, 2012 9:03 pm
by Jambo
@John, I think he got confused by the (now overturned) age restriction for spouse visa which used to be 21.
@jjoell23 - if already in the UK, you can get married if you are over 18 (or over 16 with parents' consent).
MARRIAGE
Posted: Mon Jan 09, 2012 11:04 pm
by nonspecifics
Scotland has a different legal system.
In Scotland you can marry at age 16 without parental consent.
Posted: Sat Jan 14, 2012 12:51 pm
by jjoell23
Thanks all of you guys. Seems very straight forward.