Marriage to EEA national

[erwinz]

I am a Dutch national living and working in the UK since 1983. My girlfriend is an Iranian national studying in the UK since September last year; her Tier 4 student visa expires in April 2014.

We will not be able to satisfy the 2-year ‘living together’ requirement so we intend to get married in the UK before the expiry of her student visa.

With respect to this I have a few questions about our situation.

1. Is there any advantage to us getting married in the Netherlands?
2. How long do these decisions normally take to come through?
3. What is my girlfriend’s situation if the decision on her visa. application does not come through before her student visa expires? Would she have to return to Iran? Or can she remain in the UK pending the decision?

Many thanks for your help.

[sheraz7]

With respect to this I have a few questions about our situation.

1. Is there any advantage to us getting married in the Netherlands?
Its up to your convenience where you get married. If marries in netherland then she will need EEA family permit to come back if her student visa expire.

2. How long do these decisions normally take to come through?
In theory 6 months.

3. What is my girlfriend’s situation if the decision on her visa. application does not come through before her student visa expires? Would she have to return to Iran? Or can she remain in the UK pending the decision?
Once she married with you she will even no need to possess any visa even applying EEA2 residence permit will be optional but not mandatory. If you have been living since 1983 then you must have got PR status and therefore, you will even not need to show your treaty rights for her EEA2 RC application.

Many thanks for your help.

[erwinz]

Hi Sheraz7

Thanks for that. Just to check, under EEA regulations, being 'in a durable relationship with each other' also means having lived together for 2 years as it does under UK rules?

Also, I have never applied for any formal document proving my right to reside in the UK under the EEA Treaty. Should I do this? How would I prove my PR?

Under the Treaty, will my future wife have the same right to work as I do?

Many thanks for your help.

[sheraz7]

Hi Sheraz7

Thanks for that. Just to check, under EEA regulations, being 'in a durable relationship with each other' also means having lived together for 2 years as it does under UK rules?

Also, I have never applied for any formal document proving my right to reside in the UK under the EEA Treaty. Should I do this? How would I prove my PR?

Under the Treaty, will my future wife have the same right to work as I do?

Many thanks for your help.

For unmarried partners under EEA regulations too the 2 years period of cohabitation/relationship needs despite it can be proved with lesser amount of time than 2 years in some circumstances such as when partners have children. If you have been living since 1983 then you must have been working/self employed/self sufficient/studying since that time and if you are able to prove that you continuously were exercising your treaty rights for 5 years then you can apply your PR confirmation along with your non-EEA national's EEA2 RC application.
Your non-eu partner will get same right of work but if married then right of work starts instantly and otherwise if unmarried partner basis then once she will get RC.

[erwinz]

Many thanks!