girlfriend moving to the UK, Help

[Betterof2evils]

ok i have tried to find information online about this, and am having problems.

i have a friend in USA who wants to move here, we have known each other several years online and she wants to move here with the intention of us getting married at some point in the future.

what does she need to do to move here, we origionally thougth she could visit, we could get engaged and then she could go home and return on a fiance visa.
but as she is 18 that is not going to be possible, as it seems you have to be 21 for that.

we are now thinking that she can come here to just visit for 6 months, go home and then a couple of weeks later return, and we can do this untill she is 21, is this possible or is there a better way for us to go about things?

also if we do it this way, is there a set amount of time she must be out of the UK before she can return back?

[Wanderer]

ok i have tried to find information online about this, and am having problems.

i have a friend in USA who wants to move here, we have known each other several years online and she wants to move here with the intention of us getting married at some point in the future.

what does she need to do to move here, we origionally thougth she could visit, we could get engaged and then she could go home and return on a fiance visa.
but as she is 18 that is not going to be possible, as it seems you have to be 21 for that.

we are now thinking that she can come here to just visit for 6 months, go home and then a couple of weeks later return, and we can do this untill she is 21, is this possible or is there a better way for us to go about things?

also if we do it this way, is there a set amount of time she must be out of the UK before she can return back?

The rule is six months in every twelve, so exiting and reentering is not an option. She might get away with it once, but if caught it's deception and a whole visa nightmare for the future. And deception will mean a refusal of any visas in future including spousal ones.

Options u have are;

1. Student visa - very expensive

2. Work visa - needs to be highly skilled, unlikely at 18 yo.

3. Exercise a treaty right in EU for at least six months and return under Surinder Singh, search here - big upheaval.

Otherwise wait - 18 is a young fickle age and a lot can happen - is it worth taking a risk on?

[Betterof2evils]

thank you very much for the reply. i will look into option 3.
and yes i understand 18 is still a young age, but we have known each other for a long time now, and this is something we are both 110% about, this isnt something either of us would consider if not certain.

[Betterof2evils]

ok i have done a search on that, so im just looking for confirmtion this is correct.

she comes over here to visit, we get married, we then move to an eeu country, i work there for at least 6 months and we then apply for an eea family permit to come back to the uk and she will be able to stay here then, is that correct?

form that i have the qustion, would she have to stay in the eea country aswell for at least 6 months, and to do that would she need some form of visa? or could she go back to usa at the end of the 6 months vor visiting or could i apply and she come straight from USA and meet me back in the UK?

also can we marry in the uk if she is just visiting?

[Wanderer]

First, u cant marry on a visit visa with out a CoA, it's technically possible, however, if the IO stops her and searches and questions her, it's an immediate bounce and more visa woes. Visit are for visits, not intention to marry.

My advice would be to;

1. U move to EU state, and become economically active.

2. Ur gf comes to said EU state - probably no visa required for US citizens and u marry there.

3. She applies for the local version of EEA FP as a family member of an EU citizen exercising a treaty right.

4. Live there for a period of time to establish credibility - In my mind just doing the minimum periods attracts suspicion - six months total should be enough.

5. Then, either stay there - u might like it! Or apply for EEA FP and UK consulate and return to UK.

Ireland might be best for u jobwise, I've no idea of ur skill-set or linguistic capabilities, but if u r in IT with experience Germany, Holland etc are doable with no German/Dutch.

[Betterof2evils]

ok so once we get to the other country, and from what you have said ireland would be easiest i think, how do we then get married there, as she is still going to be classed as a visitor?

[Wanderer]

ok so once we get to the other country, and from what you have said ireland would be easiest i think, how do we then get married there, as she is still going to be classed as a visitor?

Different countries have different rules, u'll need to research that! US citz get 90 days I think in other EU states, plenty of time to sort a marriage out I think. It's just I wouldn't risk coming to UK on VV intending to get married, all it need is a piece of paper in her bag about registry offices, a wrong answer to an innocent question, and boing-boing...

Same risk anywhere I suppose but UKBA is a major task force now, think Stasi....

[Betterof2evils]

ok. so in theory she could come to the uk and get married here during that 6 months, and then apply for the EEA FB and stay here?
but if caught when coming into the country, will be sent back to the US.

if that is possible, what are the chances of being refused to stay with the EEA FB?

[Wanderer]

ok. so in theory she could come to the uk and get married here during that 6 months, and then apply for the EEA FB and stay here?
but if caught when coming into the country, will be sent back to the US.

if that is possible, what are the chances of being refused to stay with the EEA FB?

Yes possible, far easier to marry in USA actually - no restrictions at all.

She cant marry here and apply for EEA FP since u r not yet exercising a treaty right, EEA rules don't apply, only UK ones.

If u could get married in UK there's nothing stopping both of u leaving and setting up in another EU state, and she applies for EEA FP equiv. when ur exercising a treaty rights (after three months). But it's risky, UKBA are no fools and if she's questioned I'm sure they'll ask some very searching questions. I'm watching UK Border Force now on my Mac and unless she's an accomplished liar they'll catch her out.

[Betterof2evils]

ok thank you very much for your help.
ite info you have given me has been very helpfull and resolved a lot of questions i had.