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Non-eu marrying a French living in the UK

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

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anastasiafnny
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Non-eu marrying a French living in the UK

Post by anastasiafnny » Thu Feb 04, 2016 1:52 pm

My boyfriend, who is French (but been living in the uk for 6 years) and I (non-eu, Russian), would like to get married because unfortunately there is no other way of staying in this country unless of course you have tons of money which we don't.

As far as I know, we can't get married in the UK because a Marriage Visitor Visa implies that you don't intend on settling in the country and it's crystal clear that I do. Correct me if I'm wrong, though? So our other option is to get married in Russia.
And then apply for an EEA family visa, stay there for 6 months and then finally apply for that 5 year visa...

My question is, does he have to apply for an indefinite leave to remain living and working in the UK for more than 6 years?
And also did anybody have a similar kind of experience and how did it go?!

Many many thanks!!

Anastasia

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Non-eu marrying a French living in the UK

Post by noajthan » Thu Feb 04, 2016 2:01 pm

anastasiafnny wrote:My boyfriend, who is French (but been living in the uk for 6 years) and I (non-eu, Russian), would like to get married because unfortunately there is no other way of staying in this country unless of course you have tons of money which we don't.

As far as I know, we can't get married in the UK because a Marriage Visitor Visa implies that you don't intend on settling in the country and it's crystal clear that I do. Correct me if I'm wrong, though? So our other option is to get married in Russia.
And then apply for an EEA family visa, stay there for 6 months and then finally apply for that 5 year visa...

My question is, does he have to apply for an indefinite leave to remain living and working in the UK for more than 6 years?
And also did anybody have a similar kind of experience and how did it go?!

Many many thanks!!

Anastasia
You seem a little confused.

Your bf is an EEA national, so as long as he is exercising treaty rights as a qualified person in UK (for example, by working) he has a right to reside in UK. He doesn't need ILR.
After 5 years of doing this will (probably) acquire settled status (PR).

My understanding is an EEA national can certainly marry a non-EEA fiancee such as yourself in the UK.

What is your current visa status?

As you are already in UK, I think you can probably just get yourself down to a designated registrar office to jumpstart the process.
If you do need a visa (not sure - lets see what other members say) then why not shoot for a fiancee visa?

However the EU migration route (in UK) is probably preferable in your case.
(And that is less financially demanding than the UK Immigration Regulations route).

To get started, see https://www.gov.uk/marriages-civil-part ... n-national

Good luck.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Non-eu marrying a French living in the UK

Post by Casa » Thu Feb 04, 2016 2:13 pm

Indefinite Leave is only for someone who is applying under UK Regulations. Your fiance will apply for Permanent Residence (PR) under EEA Rules. Both Noajthan and I have assumed that you are currently in the UK, but having read through your post again, I wonder if you are actually in Russia. Hence your concern about how to enter legally and marry here?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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alex1128
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Re: Non-eu marrying a French living in the UK

Post by alex1128 » Thu Feb 04, 2016 2:18 pm

anastasiafnny wrote:My boyfriend, who is French (but been living in the uk for 6 years) and I (non-eu, Russian), would like to get married because unfortunately there is no other way of staying in this country unless of course you have tons of money which we don't.

As far as I know, we can't get married in the UK because a Marriage Visitor Visa implies that you don't intend on settling in the country and it's crystal clear that I do. Correct me if I'm wrong, though? So our other option is to get married in Russia.
And then apply for an EEA family visa, stay there for 6 months and then finally apply for that 5 year visa...

My question is, does he have to apply for an indefinite leave to remain living and working in the UK for more than 6 years?
And also did anybody have a similar kind of experience and how did it go?!

Many many thanks!!
Anastasia

I would suggest that you get married in Russia so that you can really enjoy such a beautiful and unique event in your life without being bothered or stressed, then you can apply for a family permit that you can get easily after 2 weeks... your boyfriend/futur-husband just needs to prove that he is exercing his treaty rights by providing recent payslips or a contract !! He doesnt need the Permanent residence in order to sponsor you ...
Once you come to the uk you dont need to wait 6 months for your family permit to expire you can apply straight away if your documentation is ready !
Besides Having a prior family permit makes it easier for you to get the Residence Card and you might get it within 4 months of sending your application without stress !
Whatever you do, Good Luck !
Application sent: 25.06
Biometrics : 10/07 (dated 07/07)
COA: 29/07
Received Questionnaire: 09/11
RC : Refused ( 23/01/2016)
Appeal Filed : 25/01/2016

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Non-eu marrying a French living in the UK

Post by noajthan » Thu Feb 04, 2016 2:25 pm

Casa wrote:Indefinite Leave is only for someone who is applying under UK Regulations. Your fiance will apply for Permanent Residence (PR) under EEA Rules. Both Noajthan and I have assumed that you are currently in the UK, but having read through your post again, I wonder if you are actually in Russia. Hence your concern about how to enter legally and marry here?
Yes, I assumed OP is in UK as she says...
no other way of staying in this country unless of course you have tons of money which we don't.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Casa
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Posts: 25817
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Non-eu marrying a French living in the UK

Post by Casa » Thu Feb 04, 2016 2:27 pm

noajthan wrote:
Casa wrote:Indefinite Leave is only for someone who is applying under UK Regulations. Your fiance will apply for Permanent Residence (PR) under EEA Rules. Both Noajthan and I have assumed that you are currently in the UK, but having read through your post again, I wonder if you are actually in Russia. Hence your concern about how to enter legally and marry here?
Yes, I assumed OP is in UK as she says...
no other way of staying in this country unless of course you have tons of money which we don't.
I assumed the same.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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