Need advice about fiance visa under EU Law

[lhk]

I have been banned under UK law and want to apply for fiance visa under EU law. The reason for me being banned was a lack of info on a previous application just to visit the UK.

My Fiance is an EU national and is settled in the UK. The ban hppened when I applied for a visitors visa under UK law.

[677ano]

what exactly was the reason for the ban? we can not give you any advise without knowing the circumstances. you can only apply as an unmarried partner for a family permit (6 months) to enter the UK but if we know your circumstances as regards the ban we could advise you further

[lhk]

a long story short... a was convicted of drink riving in the UK. then I came back to SA. applied for visitors visa and didn't include info about the conviction on advice by agent wich resulted in the application being denied. then i applied again for visitors visa and stated that why i didnt include the info and then also included all the papers that was suppose to be with the first application. the result came back with me being banned for ten years from UK. So the question is will an fince visa by EU law over ride the ban? According to an EU website, EU laws override national laws of all countries in EEA including UK.

Hope this will help you to give me some guidance.
Thank you so far for the effort.
regards

[John]

want to apply for fiance visa under EU law

Well sorry you can't! There is no fiancé visa application in the EU Directive.

The best you can achieve is get married outside the UK and then apply for an EEA Family Permit, as the family member of an EU Citizen who is exercising EU Treaty Rights in the UK.

[Obie]

ihk you can apply for fiance visa, as the fiance of an EEA national which is covered under rule 290A of the Immigration rules, rather than the EEA regulations or the directive, as EU law does not cover fiance.

If however you can satisfy the Entry clearance officer you have been in a durable relationship, then you may be qualified for an EEA family permit, following an extensive examination of your personal circumstance.

The Problem with applying under Rule 290A, is the fact that, you could be refused on 320(18 ), or the refusal under that rule could still stand, as the concession for that application is made on national rules grounds as opposed to the EEA regulations.

As you are seeking to enter on a fiance visa, it will be safe to say you are intending on getting married, if that is the case, then you best option is to probably get married in SA, as the hurdle you will face to get a fiance visa, will be really stiff.

[John]

Obie, that is the problem, it would be a waste of time and money making an application under UK immigration law.

[lhk]

OBIE/JOHN

If I undersand you right you are saying there is a difference in EEA and EU laws.... My partner and I have been in this long distance relationship for a year and a half so I can show plane tickets and emails and photos of her being here in SA 3 times the last year and that we intent to get married. If this is the case and I apply under EU family permit I will be able to get to UK under EU law?? What is the difference between EU and EEA, I dont understand that fully.... Also do I still apply through a UK visa centre even if I apply under EU/EEA Rules

Thank you for your advice it is realy helping in solving unanswered questions.
LHK

[John]

There are EU regulations, which are then extended to the whole of the EEA. So no difference.

Again, in those regulations, there is no provision for a fiancé visa. And based upon what you have posted, you don't qualify as an unmarried partner.

The only choice is to get married outside the UK, but unlike others, I am not saying that marriage needs to be in SA. It could be anywhere outside the UK.

[Obie]

John, i do apologies if my statement is liable to be construed as meaning, the OP can only get married in South Africa.

It was stated in Metock that the marriage between a Union Citizen and a third country national could take place anywhere in the universe, and it should be accepted in any memberstate, on condition it is valid and recognised in the state where it was contracted.

As the UK might not be possible, i thought the next most financially or socially expedient place for it to be contracted is South Africa.Without prejudice to the fact that it could be done anywhere in the world.

In regards to you question, the 1 and the half year you have spent with your fiance would not be counted, as it is not be considered as a durable relationship akin to marriage, as you have not lived together as a family unit. Even if you have lived together, you would be expected to have done so for a period of two years or more