EU Citizen getting married in the UK to Tier 4 student

[oldlondonlady]

Hello all,

I am a EU citizen in a relationship with a US citizen, legally in the UK under a Student Tier 4 visa. His Visa is valid until 2015.

We are getting married on the 3rd December. We have given notice as necessary and have been given the all clear.

My question is: will his Student Visa remain valid after our marriage? We may or may not want to apply for a Spouse Visa as we may leave the UK at the end of his university Degree, but I am not sure if we HAVE to apply. Will he be able to leave and re-enter the UK for holidays after our marriage?

Thank you very much for your help and time.
It is much appreciated!

Valerie

[Lucapooka]

His T4 leave will remain valid if he sticks to the conditions of that, but being married to you will also mean he can use that status if he so wishes. He can cite either as his basis of stay. If you are a student you would both need comprehensive sickness insurance for him to claim residence based on your EU status.

[oldlondonlady]

Thank you. That is what I thought, but we wanted to be sure and I just could not find a straight answer on the UK Border Agency website.

Thank you again for your help.

[Lucapooka]

What do you do in the UK?

[oldlondonlady]

I have been in the UK for 8 years and I work.

I will be applying for naturalization as a UK citizen in January.

[Lucapooka]

So you have probably attained permanent residence and it would be useful if you could confirm this by applying using form EEA3.

[oldlondonlady]

I am sorry, I am not sure I understand your last point? What effect will this have on his T4 visa? Or you mean that it would facilitate the Spouse Visa application, should we choose that route?

[oldlondonlady]

So you have probably attained permanent residence and it would be useful if you could confirm this by applying using form EEA3.

Also, and this perhaps is another topic, as a EU citizen from Italy (EU contry w/o limitation) I understand that after 2006 I have automatic permanent residence status, as explained in the UK BA website

If you are a national of a country in the European Economic Area (EEA) or Switzerland, or you are the family member of such a person, you will automatically have permanent residence status if you have exercised EEA free-movement rights in the UK for a continuous five-year period ending on or after 30 April 2006. You do not need to apply for leave to remain. You should have held permanent residence status for 12 months before you apply for naturalisation