EEA marrying non-EEA in UK

[thecracra]

Hi,

I really hope someone will be able to help...

My girlfriend and I have the plan to marry, live and work in the UK. She is non-EEA national (Mexcican), while I am EEA national (French and German - dual nationality). My girlfriend is currently in Mexico and I am in the UK and will soon start a job here.

What visa does my girlfriend need to come to the UK so that we can get married here? Furthermore, how long (rough estimate) does it take to get the required visa?

Thanks in advance for your help.

Chris

[JAJ]

Hi,

I really hope someone will be able to help...

My girlfriend and I have the plan to marry, live and work in the UK. She is non-EEA national (Mexcican), while I am EEA national (French and German - dual nationality). My girlfriend is currently in Mexico and I am in the UK and will soon start a job here.

What visa does my girlfriend need to come to the UK so that we can get married here? Furthermore, how long (rough estimate) does it take to get the required visa?

Once you are married, you can sponsor for an EEA Family Permit. Visit http://www.ukvisas.gov.uk

It is no longer possible to marry in the UK as a visitor (unless you are a citizen of an EEA state or Switzerland).

It may be possible to get a permit to do this, but I don't know whether this allows the subsequent switch to an EEA family permit in the UK.

A few other longer term considerations:

1. Both of you should aim to get UK permanent residence (Indefinite Leave to Remain - ILR) after 4 years in the UK. The 4 years may be increased to 5 years in the near future. ILR gives more rights than being a citizen of an EEA state, and your future wife will have much more security as a permanent resident (EEA family permit is just temporary residence).

2. After getting ILR and spending a further year in the UK, one or both of you might like to become British citizens. Mexico allows dual citizenship as far as I know (although possibly with loss of voting rights in Mexico), France allows dual citizenship, while Germany does if you get permission in advance.

3. If you have children born in the UK before you get ILR the child will not be a British citizen at birth, however can be registered as British once you obtain ILR. Alternatively, a UK born child who lives in the UK until age 10 can be registered as British irrespective of immigration status.

4. France allows the spouses of French citizens to become French without needing to live in France, although some competency in French may be required. Your wife may want to consider this at some stage, in addition to going for UK permanent residence (and possibly British citizens). As far as I know one year's marriage is required, although this may be
raised to two years in the near future (if it's not happened already).

This page is designed for Australians but is applicable generally:
http://www.southern-cross-group.org/ano ... rance.html

[ppron747]

The UKVisas.gov.uk website doesn't make it easy to find this out, but it should be possible for Chris's girlfriend to come to UK as his fiancee, and remain after their marriage.

The public-facing pages of the website make no mention of this, but delving into the staff instructions (Diplomatic Service Procedures) you find that the fiancé(e) of an EU/EAA national holding a five-year residence permit can apply for entry clearance on the same terms as the fiancé(e) of a British citizen or a person with indefinite leave to remain. The paragraph that explains this - not very clearly... - is 21.4.4 onthis page.

And this page gives the public guidance on applications for fiancé(e)s of British citizens and people with ILR.

Basically, I think that what your fiancée needs to do is to apply on VAF2, providing the evidence of support, accommodation, etc that would be required if you were a British citizen.

Sorry it's so complicated - I can only assume that the UKVisas webmaster is not a fan of the EU!!!

[John]

Paul, I agree, that point about an EEA Citizen holding a Residence Permit being able to sponsor someone for a fiancé(e) visa is not clear at all! But clearly that possibility is there .... for the fiancée of "thecracra" to get a fiancée visa and then move to the UK ... then the two of them can marry in the UK.

Following that marriage there would be the need for a spouse visa to be applied for ...in the UK.

Alternatively, if the two of them marry outside the UK, she (the wife as she will then be) can either apply for an EEA Family Permit, or a spouse visa. The main advantage of going the (paid-for) spouse visa route, rather than the (free) EEA Family Permit route is that ILR will be obtained sooner, leading to the possibility of naturalisation as British at an earlier date ... especially if by then "thecracra" personally is British.

[ppron747]

...Alternatively, if the two of them marry outside the UK, she (the wife as she will then be) can either apply for an EEA Family Permit, or a spouse visa. The main advantage of going the (paid-for) spouse visa route, rather than the (free) EEA Family Permit route is that ILR will be obtained sooner, leading to the possibility of naturalisation as British at an earlier date ... especially if by then "thecracra" personally is British.

But surely the spouse/settlement visa is only available for spouses of BCs/"settled" people, which chris thecracra won't be for some time, if at all?

[John]

Paul, ah right ... I thought I was agreeing with your point! I had always assumed that a fiancé(e) visa, following a marriage, leads to a two-year spouse visa! Hence my comment. But you raised significant doubts in my mind, so I delved further.

If you read Section 1 - Spouses you will see the instructions that IND issue to its staff dealing with spouse visa applications etc..

I think 3.7 gives the clue. One of the statistical codes listed there is :-

G4 Extension - Spouse is an EEA national

-: and by implication not :-

G1 Extension - Spouse is a British citizen
G2 Extension - Spouse holds settled status only

So I think I stick with my view, if the person comes to the UK on a fiancé(e) visa, then following the marriage they can apply in the UK for a two-year spouse visa.

But open to persuasion if you or anyone thinks this is wrong.

[ppron747]

Paul, ah right ... I thought I was agreeing with your point! I had always assumed that a fiancé(e) visa, following a marriage, leads to a two-year spouse visa! Hence my comment. But you raised significant doubts in my mind, so I delved further.

If you read Section 1 - Spouses you will see the instructions that IND issue to its staff dealing with spouse visa applications etc..

I think 3.7 gives the clue. One of the statistical codes listed there is :-

G4 Extension - Spouse is an EEA national

-: and by implication not :-

G1 Extension - Spouse is a British citizen
G2 Extension - Spouse holds settled status only

So I think I stick with my view, if the person comes to the UK on a fiancé(e) visa, then following the marriage they can apply in the UK for a two-year spouse visa.

But open to persuasion if you or anyone thinks this is wrong.

I'm not sure whether we agree or not, TBH, John!!

I think one of the reasons for my confusion is that you seem regard "spouse visa" as covering both the sticker issued by the British Consulate overseas, and the process that people go through with the Home Office after they've got here. In the context of someone marrying in UK, this second process isn't, strictly speaking, a visa - surely it is simply an application for leave to remain following the wedding - ie to start the 2 year probationary period?

My argument with your previous post was that you said that if OP and his fiancee got married outside the UK, they would have the choice between her joining him on an EU Family Permit or a spouse visa.

I don't think this is true. I think that spouse (settlement) visas are only issued to spouses of British citizens and spouses of non-Brits with settled status (ie having indefinite leave to remain/enter).

As OP has presumably not been in the UK for long enough to get ILR/ILE, if he marries his fiancee in Mexico, she won't be eligible for a spouse (settlement) visa. Her route to UK as a spouse is via an application for an EU Family Permit, isn't it?.