EEA2 - Customary wedding

[Kakou2]

Hi

I am a non-EEA national (African) over stayer and I hve been in a relationship with my EU national (French national of African background) for more than 3yrs; we have lived together for 3 yrs this month . We recently got married according to African customary wedding in my country , albeit with both of us absent at the ceremony (it is not a requirement for customary wedding). I have a marriage certificate issued by the local government of my state for the marriage (following a sworn affidavit to the wedding by my parent). I am planning to apply for EEA2 while my wife applies for EEA1

These are my questions :

1) What is the position of the home office on African customary marriage?

2) we have proof of cohabitation for the whole 3 yrs (although not for every single month as we cant find some bills) but considering the outcome of petite48's application- http://www.immigrationboards.com/viewtopic.php?t=103404[/url], is it better to apply based on 2 years durable relationship ?

3) Is it possible to make EEA2 application that is based on both the marriage and the 2 yrs durable relationship at the same time ? If so, how does one make such an application ?

Thank you , your response will be very helpful.

[NG1983]

Hi

I am a non-EEA national (African) over stayer and I hve been in a relationship with my EU national (French national of African background) for more than 3yrs; we have lived together for 3 yrs this month . We recently got married according to African customary wedding in my country , albeit with both of us absent at the ceremony (it is not a requirement for customary wedding). I have a marriage certificate issued by the local government of my state for the marriage (following a sworn affidavit to the wedding by my parent). I am planning to apply for EEA2 while my wife applies for EEA1

These are my questions :

1) What is the position of the home office on African customary marriage?

2) we have proof of cohabitation for the whole 3 yrs (although not for every single month as we cant find some bills) but considering the outcome of petite48's application- http://www.immigrationboards.com/viewtopic.php?t=103404[/url], is it better to apply based on 2 years durable relationship ?

3) Is it possible to make EEA2 application that is based on both the marriage and the 2 yrs durable relationship at the same time ? If so, how does one make such an application ?

Thank you , your response will be very helpful.

i will advice u forget abt the customary wedding cos its gonna b an outright refusal cos there has bn a problem wt proxy marriages and alot hv bn refused....so i advice u apply based on durable relationship or co habiatation ............forget abt thecustomary wedding and the proxy

[Kakou2]

Hi NG 1983

Thank you so much for you response . I think customary wedding is different from proxy wedding . The consent of the parties as well as the families is all that is required - there is no need to be physically present or a proxy representation for a native /customary wedding ....

Howeverver, in appreciation of your advise and say I decide to apply based on durable relationship/cohabitation , do I mention that we are already married or not ?

Also how do I deal with the fact that we haven't got proof of cohabitation for every single month throughout the 3yrs because we couldn't find the bills for some months ?

Thank you .

[Directive/2004/38/EC]

If you have three years of proof of living together, then that is pretty good. I would be hard pressed to find ALL my bills from then. Some gaps should not be an issue. Do you have a number of parallel steams of evidence, such as photos together, bills from the same place, council tax payments, ...?

UKBA has some rules on "transnational marriages". I would urge you to read them carefully and then report back to us. See http://www.ind.homeoffice.gov.uk/siteco ... iew=Binary

Transnational marriages – proxy and telephone

A transnational marriage may entail the sponsor appointing a "proxy" to stand in for him at the ceremony or, on other occasions, the exchange of vows between the two parties may take place over the telephone.
The law of the United Kingdom does not allow for marriages to be contracted in this country, either by proxy or over the telephone. However, the laws of certain other countries can recognise such a form of marriage as valid, provided it is contracted in that country.

...

[Kakou2]

If you have three years of proof of living together, then that is pretty good. I would be hard pressed to find ALL my bills from then. Some gaps should not be an issue. Do you have a number of parallel steams of evidence, such as photos together, bills from the same place, council tax payments, ...?

UKBA has some rules on "transnational marriages". I would urge you to read them carefully and then report back to us. See http://www.ind.homeoffice.gov.uk/siteco ... iew=Binary

Transnational marriages – proxy and telephone

A transnational marriage may entail the sponsor appointing a "proxy" to stand in for him at the ceremony or, on other occasions, the exchange of vows between the two parties may take place over the telephone.
The law of the United Kingdom does not allow for marriages to be contracted in this country, either by proxy or over the telephone. However, the laws of certain other countries can recognise such a form of marriage as valid, provided it is contracted in that country.

...

Thank you so much Guru.

Yes, we do have pictures together, several actually. we have council tax bill , tenancy agreement and a utility bill in both our names , but other proof like bank statement and other utility bills are either in our separate names . We also have NHS cards that shows we use the same GP and live at the same address .

secondly, I cld only find 3 months electricity bill for the whole of 2010 , is it a requirement that we provide the full 12 month bill for that whole year ?

Thank you

[Directive/2004/38/EC]

No, there is not requirement that specifies how many electricity bills you must provide. Nor one that says you must have cable TV together.

[Kakou2]

Hi

I am a non-EEA national (African) over stayer and I hve been in a relationship with my EU national (French national of African background) for more than 3yrs; we have lived together for 3 yrs this month . We recently got married according to African customary wedding in my country , albeit with both of us absent at the ceremony (it is not a requirement for customary wedding). I have a marriage certificate issued by the local government of my state for the marriage (following a sworn affidavit to the wedding by my parent). I am planning to apply for EEA2 while my wife applies for EEA1

These are my questions :

1) What is the position of the home office on African customary marriage?

2) we have proof of cohabitation for the whole 3 yrs (although not for every single month as we cant find some bills) but considering the outcome of petite48's application- http://www.immigrationboards.com/viewtopic.php?t=103404[/url], is it better to apply based on 2 years durable relationship ?

3) Is it possible to make EEA2 application that is based on both the marriage and the 2 yrs durable relationship at the same time ? If so, how does one make such an application ?

Thank you , your response will be very helpful.

Thanks Guru ,

But could you please help respond to the third question above . i.e

3) Is it possible to make EEA2 application that is based on both the marriage and the 2 yrs durable relationship at the same time ? If so, how does one make such an application ?

..And what's your opinion on customary wedding ; the link u directed me to only addressed transnational and proxy wedding - African Native/ customary wedding is clearly different and those not involve elements of those two .

Thank you

[NG1983]

Hi

I am a non-EEA national (African) over stayer and I hve been in a relationship with my EU national (French national of African background) for more than 3yrs; we have lived together for 3 yrs this month . We recently got married according to African customary wedding in my country , albeit with both of us absent at the ceremony (it is not a requirement for customary wedding). I have a marriage certificate issued by the local government of my state for the marriage (following a sworn affidavit to the wedding by my parent). I am planning to apply for EEA2 while my wife applies for EEA1

These are my questions :

1) What is the position of the home office on African customary marriage?

2) we have proof of cohabitation for the whole 3 yrs (although not for every single month as we cant find some bills) but considering the outcome of petite48's application- http://www.immigrationboards.com/viewtopic.php?t=103404[/url], is it better to apply based on 2 years durable relationship ?

3) Is it possible to make EEA2 application that is based on both the marriage and the 2 yrs durable relationship at the same time ? If so, how does one make such an application ?

Thank you , your response will be very helpful.

Thanks Guru ,

But could you please help respond to the third question above . i.e

3) Is it possible to make EEA2 application that is based on both the marriage and the 2 yrs durable relationship at the same time ? If so, how does one make such an application ?

..And what's your opinion on customary wedding ; the link u directed me to only addressed transnational and proxy wedding - African Native/ customary wedding is clearly different and those not involve elements of those two .

Thank you

My dear u seems not to understand what a proxy or transnational marriage means.if even is a customary. Wedding and none of u or one of u were presnt at the. Ceremony then is termed a proxy marraige.a customary wedding can b a proxy wedding only if both parties were present.
Lemme ask u were u or ur wife present at the. Marriage ceremony?or someone stood in for u in ur absence?if the answer to the aboved said. Question is yes then is a proxy marraige.I stand corrected.and there is notin wrong with proxy as far as ur country were it took place accepts it as legal.

[Directive/2004/38/EC]

3) Is it possible to make EEA2 application that is based on both the marriage and the 2 yrs durable relationship at the same time ? If so, how does one make such an application ?

There is no fixed application form for a RC. You can even not use the form and just submit all the relevant evidence and a nice cover letter. If anything, your customary wedding is additional evidence of an ongoing and durable relationship.

And what's your opinion on customary wedding ; the link u directed me to only addressed transnational and proxy wedding - African Native/ customary wedding is clearly different and those not involve elements of those two .

In what way is it "clearly different"? What is the essential difference from your perspective?


When you are "normally" married, then there is a clear right to be with the EU citizen. It is less clear when you are in a "durable relationship". I am never certain about doing an application for an RC based on being an "Other family member" when the applicant has overstayed. I think UKBA has more discretion to say it is a marriage of convenience, though if you have three years of evidence of living together like-a-married-couple, that may be harder for them.

[Kakou2]

Thank you so much for the response Guru.

In what way is it "clearly different"? What is the essential difference from your perspective ?

Please see section 3 of this link [url] http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

The essential difference is "Proxy" wedding involves the appointment of representative(s) for either/both parties to the marriage at the marriage ceremony. "Transnational" marriage involves the exchange of marriage vows , often through the telephone , where both parties to the marriage are located in different nations.However, African customary and native wedding are carried out according to traditional law of the region. The Presence or representation of the parties to the marriage at the ceremony or exchange of vows (whether over the fone or otherwise) are not requirements for such marriage.Also see section 13 and section 15.11.5 - 15.11.6 of this http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary The essential points , unlike most civil marriage are the consent of the families and the marrying parties, payment of dowries and the requirement that parties to the marriage are not related by blood.In addition , customary and native marriage are recognized by the civil authority of the countries where they are practiced as they issue marriage certificates for that type of marriage.

When you are "normally" married, then there is a clear right to be with the EU citizen. It is less clear when you are in a "durable relationship". I am never certain about doing an application for an RC based on being an "Other family member" when the applicant has overstayed. I think UKBA has more discretion to say it is a marriage of convenience, though if you have three years of evidence of living together like-a-married-couple, that may be harder for them

.

Thank you so much for this comment. It paints a clearer picture of how to evaluate my situation. Do you think it is best I use a lawyer for this application? I was planning on making the application on my own.

Thanks