marrying a none eea citizen

[jack72]

hello i am new here i want to marry my Australian girlfriend i want to go down the eea route as i think this may be easier but i need some advice on 1 can we get married in any eea country and if yes does that mean she will get her residency card to be able to stay in the uk any advice will be grateful thank you

[Casa]

What is your nationality?

[jack72]

sorry i am uk citizen

[Casa]

In which case I assume you intend to take the Surinder Singh route? Marrying in another EU state depends on the marriage laws/requirements in the EU state that you choose to marry in. Some have more complex and lengthy requirements than others and I suggest you do some research on your preferred countries.
In order for this to work, you would have to move the 'centre of your life' to the EU state and as the sponsor, exercise your Treaty rights by working for preferably at least 6 months if not more, before re-locating together to the UK.

Search the forum for Surinder Singh threads and this article by Freemovement may help.
https://www.freemovement.org.uk/surinde ... ion-route/

Bear in mind that this route which is already being tightened, may be even more difficult after Brexit, if it exists at all.

[jack72]

so basically we could marry here in the uk then go through that route is that correct

[Casa]

You could do, but your fiancee would need to apply for a Marriage Visitor Visa. This would enable her to enter and marry within 6 months and leave after the wedding before the expiry date on the visa. She will be unable to marry while here on a Standard Visitor visa, even though as an Australian she is a non-visa national.
https://www.gov.uk/marriage-visa/overview

[jack72]

can she apply to live here under the eea regulations then please once she returns home

[Casa]

In which case I assume you intend to take the Surinder Singh route? Marrying in another EU state depends on the marriage laws/requirements in the EU state that you choose to marry in. Some have more complex and lengthy requirements than others and I suggest you do some research on your preferred countries.
In order for this to work, you would have to move the 'centre of your life' to the EU state and as the sponsor, exercise your Treaty rights by working for preferably at least 6 months if not more, before re-locating together to the UK.

Search the forum for Surinder Singh threads and this article by Freemovement may help.
https://www.freemovement.org.uk/surinde ... ion-route/

Bear in mind that this route which is already being tightened, may be even more difficult after Brexit, if it exists at all.

No, if you're asking whether she can return to Oz after the wedding and then re-enter the UK to settle on a EEA Family Permit. You would have to follow the route I've explained above and live together in another EU state while you exercise your Treaty rights there. Take the time to read through the link I've posted for you and read in-depth the requirements for Surinder Singh...you obviously haven't had time to do that, judging by the speed of your replies.
https://www.gov.uk/family-permit/surinder-singh

Alternativiely, If you apply through the UK Immigration Rules one condition is that you will have to show minimum income of £18,600 p.a.

[noajthan]

can she apply to live here under the eea regulations then please once she returns home

You can't just get married (somewhere, either UK or abroad ) and then immediately settle spouse in UK (and apply for a UK RC etc).

For you to be treated as an EEA national, (and so to be able to invoke the EU migration route into UK), you need to go and settle (with your new spouse) in another EU country for a while.
That is the Surinder Singh route.

Later on you can return to UK and continue under EU rules with your spouse (in UK) - assuming no Brexit.
.

[jack72]

how long would we need to do this re settle in another eea country is there a time frame

[noajthan]

how long would we need to do this re settle in another eea country is there a time frame

Under EU law 3 months or so.

But be aware that UK plays hard ball with its somewhat controversial 'centre of life' requirements (a kind of wrapper on top of EU law);
- give it 6 months to a year or more.

(That is if you decide to return).

[Casa]

how long would we need to do this re settle in another eea country is there a time frame

Have you now read the link to the Freemovement article I posted earlier for you? It explains the issues on residency for SS clearly. I also commented in my first post on this that 6 months residency if not more would be preferable.

[secret.simon]

And just to clarify, you must exercise treaty rights in the other EEA country by (salaried or self-) employment. Being a student or self-sufficiency won't cut it.

So, you will have to move to another EEA country, work there for about 6-12 months at least and then you could bring your wife in through the SS route.

Be aware that in the event of a Remain vote, the UK government is looking at tightening the rules around the SS route too. Ironically, it may be easier for you if the UK votes to leave.

[357mag]

Simple Simon, why do you say self-sufficient wont cut it?
I've had my house abroad for nearly a year, I'm incapacitated so got my long term resident certificate just by money in the bank. Plan is for my partner to join me on a type D visa as durable relationship, I know may be hard. But if she gets her residents permit are you saying we will not be free to travel around the EU?

[secret.simon]

See Regulation 9(2)(a) of the EEA Regulations. This specific requirement has been in place since 2006.

Family members of United Kingdom nationals
9.—(1) If the conditions in paragraph (2) are satisfied, these Regulations apply to a person who is the family member of a United Kingdom national as if the United Kingdom national were an EEA national.
(2) The conditions are that—

• (a) the United Kingdom national is residing in an EEA State as a worker or self-employed person or was so residing before returning to the United Kingdom; and
  (b) if the family member of the United Kingdom national is his spouse or civil partner, the parties are living together in the EEA State or had entered into the marriage or civil partnership and were living together in that State before the United Kingdom national returned to the United Kingdom.
  (3)

Where these Regulations apply to the family member of a United Kingdom national the United Kingdom national shall be treated as holding a valid passport issued by an EEA State for the purpose of the application of regulation 13 to that family member.

The paragraph above applies specifically to the Surinder Singh route.

As holder of an Article 10 Residence Card, your wife will be able to travel within the EU, but she will not be able to come to reside in the UK through the Surinder Singh route.

[jack72]

thanks everyone ive done a lot of reading since the weekend and am slowly beginning to understand just how complex this is i may i ask one question if we marry in the uk can i apply straight away for a spouse visa under the maintenance exemption rules or would she have to go back to australia then apply thanks

[Casa]

She would have to return to Oz and apply for a spouse visa from there. It's not permitted to switch to any category of visa while in the UK as a visitor.

[jack72]

thanks for your reply as i understand the surenda route its worded as long as a eu citizen is a actively seeking work b working c self employed his spouse is entitled to a eea visa in that state is this correct please

[Casa]

Do you mean an EU state outside of the UK?

[jack72]

yes such as ireland for instance

[Casa]

In essence yes.

[jack72]

thanks my friend