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Can I change immigration status from diplomatic to EU family

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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hanif2013
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Can I change immigration status from diplomatic to EU family

Post by hanif2013 » Tue Aug 06, 2013 9:46 pm

Hi

I want to marry my girlfriend who is European national (EU) but the problem I have is I have a diplomatic Passport

Can I marry my girlfriend with diplomatic Passport ? If I can can I apply under EU law?

sheraz7
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Post by sheraz7 » Tue Aug 06, 2013 10:45 pm

Diplomatic passport/visa is granted to someone who at overseas perform solely its government/state tasks. For any personal reason the ordinary passport will need.
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Obie
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Post by Obie » Wed Aug 07, 2013 1:05 am

Well you will be free to marry with a diplomatic passport, but in regards to residency application, even though there is nothing in law that prohibits you from using it, as far as EU law is concerned anyway, , by implication and given the purpose of that passport, the UK may not be able to affix a residence card on it.
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vinny
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Post by vinny » Wed Aug 07, 2013 1:57 am

Are you a diplomat (or family member) accredited to the UK?
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UKBA HUNTER
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Post by UKBA HUNTER » Wed Aug 07, 2013 12:07 pm

It is ridiculous to say that diplomatic passport holder can simply marry abroad and even though EU law does not bother much visa/passport but national country for whom individual is acting abroad will surely intervene and if known then penalize or even cancel it. Even the registrar will not satisfy if known because individual is in contract with its government at abroad and is not free. In individual home country it can easily be done.

http://www.dfat.gov.au/publications/pas ... /index.htm

hanif2013
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Post by hanif2013 » Wed Aug 07, 2013 10:10 pm

vinny wrote:Are you a diplomat (or family member) accredited to the UK?
I am family member ; father High Commissioner in the UK

Only I can surrender diplomatic passport back home but not here as I don't want my father to know

So if give up the passport and apply for ordinary one from my country I can apply for EU family permit?

I want to stay with my girlfriend that's why

vinny
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Post by vinny » Thu Aug 08, 2013 4:14 am

As Obie said, you will be free to marry with a diplomatic passport (without your parents' consent if you are 18 ore over). The marriage registrar will only look at it for identification purposes.

Moreover, there is also no requirement for you to apply for any residence cards under the EEA regulations. However, I don't think there would be anything to prevent the UKBA from endorsing your diplomatic passport appropriately, if you cease to have diplomatic exemption.

I'm not sure if the act of marriage is sufficient for you to cease having diplomatic exemption, under the Vienna Convention on Diplomatic Relations. Your country or your father may have to waive (Article 32) your diplomatic rights (Article 37). Your father will know.
Last edited by vinny on Thu Aug 08, 2013 7:58 am, edited 1 time in total.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Post by UKBA HUNTER » Thu Aug 08, 2013 5:13 am

When a person give marriage notice then registrar does not just galance on passport rather check every single page and its detail is recorded in system and if need verification then consult ts partners MR. UKBA. It clearly giving the sense of its private use as ukba written and prohibited in the below link;
http://www.ukba.homeoffice.gov.uk/visas ... -official/

vinny
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Post by vinny » Thu Aug 08, 2013 5:24 am

That is not applicable if a person is aready in the UK correctly as a family member of a diplomat.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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