After getting married: any benefit for the UK regulation?

[apriliapegaso28]

Hiya,

I've been reading about how to proceed once you're married to a non-EA citizen and in my case I think I could apply via any of the 2 routes, UK or EEA regulations, as I'm an EEA citizen who could be considered as settled in the UK.

If both options are available, is any of them much better than the other route? It seems that the EEA path requires a lot less paperwork, fees, etc, so not really sure about what's the benefit (if any) of going through the UK route?

Any information, really welcome.

Thank you!

[geriatrix]

See also 2. Procedural comparison


regards

[apriliapegaso28]

Thanks for the link, I read it and cannot see any benefit by applying through the UK law, it seems a lot more straight forward through the EEA one.

We just received our Certificate of Approval to get married now, I read the covering letter where they say:

"Marrying an EEA national

"Provided you are in possession of a valid passport you will, once you have married have an initial right to reside in the UK under EC law for three months without the need to obtain evidence confirming the right of residence.""

We were planning to get married at the beginning of April as her Tier-5 (work holiday VISA) expires on the 20th. I had in mind to travel to Spain for Easter (already married) and then come back after her Tier-5 visa had expired. By reading the paragraph above I think that's ok, but I'm not quiet sure if by 'right of residence' they include travelling outside the UK for example?

Has anyone had a similar experience or any idea about how to interpret the paragraph above?

[Mr Rusty]

Thanks for the link, I read it and cannot see any benefit by applying through the UK law, it seems a lot more straight forward through the EEA one.

We just received our Certificate of Approval to get married now, I read the covering letter where they say:

"Marrying an EEA national

"Provided you are in possession of a valid passport you will, once you have married have an initial right to reside in the UK under EC law for three months without the need to obtain evidence confirming the right of residence.""

We were planning to get married at the beginning of April as her Tier-5 (work holiday VISA) expires on the 20th. I had in mind to travel to Spain for Easter (already married) and then come back after her Tier-5 visa had expired. By reading the paragraph above I think that's ok, but I'm not quiet sure if by 'right of residence' they include travelling outside the UK for example?

Has anyone had a similar experience or any idea about how to interpret the paragraph above?

In the circumstances you describe, in law your partner would have the right to enter the UK as your Family Member without a Family Permit. The law says that an Immigration Officer should not refuse to admit someone claiming to be a Family Member without giving them the chance to prove it. However, in practice, your difficulty would arise in boarding a plane or a ferry, as the company would probably refuse to carry her and be within their rights to do so. I also believe she would be refused entry to Spain without a Schengen visa.

Try the Isle of Wight instead.