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Getting Married while appealing EEA2 UP RC Refusal?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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hockplyr10
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Posts: 3
Joined: Tue Sep 24, 2013 4:08 pm

Getting Married while appealing EEA2 UP RC Refusal?

Post by hockplyr10 » Sat Mar 08, 2014 5:51 pm

My girlfriend (legally working Bulgarian exercising treaty rights in UK) and I (American National) have been in a relationship and living together since May 2012 (not quite 2 years). My EEA2 unmarried partner residence card application was refused on 3 March 2014 solely because of the supposed 2 year minimum co-habitation requirement (this was specifically mentioned in the refusal letter).

I now have to appeal this decision or be forced to leave the UK and my girlfriend as I came here as a tourist in July 2013 and those 6 months were up in January 2014 (we were living together in the US before I came here with her). I have hope that if my case came before a judge who actually looked at all of our evidence that they might reverse this decision as EEA regulations do not specify such a 2 year minimum requirement.

but.....

My questions are:

Can my girlfriend and I just get married after I lodge the appeal, cancel the appeal once married, and then apply for a resident card on the basis of being a married partner?


Am I correct in assuming that once married, applying for a resident card as a married partner would be much faster (only 2 - 3 months) and more guaranteed than waiting on the appeal (8+months)?

We have been considering marriage anyways and do not want to have to wait another 8+ months for the uncertain appeal if we don't have to.

Any insight or thoughts would be greatly appreciated!

Imshzd
Senior Member
Posts: 612
Joined: Sat Mar 23, 2013 2:34 pm
Location: London

Re: Getting Married while appealing EEA2 UP RC Refusal?

Post by Imshzd » Sat Mar 08, 2014 8:07 pm

Getting married is your natural right.
I thing that's a good idea to strong your case rather then long wait.
After marriage applying RC will be faster route.

hockplyr10
Newly Registered
Posts: 3
Joined: Tue Sep 24, 2013 4:08 pm

Re: Getting Married while appealing EEA2 UP RC Refusal?

Post by hockplyr10 » Sat Mar 08, 2014 10:28 pm

Thank you for the reassurance!

If we do indeed go the marriage route, will we run into any issues regarding them thinking it might be a marriage of conveinence?

Are they going to ask about my refusal / appeal and will them knowing about my situation affect their decision to let us marry?

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