Advice on when to apply for a EEA FM

[Juliegift]

Hello everyone

I am new on this forum. I followed several topics and found your advice very helpful.
So, here is my situation:
I am Italian (with a permament contract job in the UK) and will soon get married to a Mexican who's in Tier4 Visa, expiring at the end of October (now). We will get married in UK before his visa expires. He does not need a tourist visa to enter the UK as a tourist for 6 months.
Is it ok for us to apply for EEA FM right after the marriage, few days before his Tier4 expiers?

Or, do you think it is preferable for him to leave the country (after we got married), come back as a tourist and then apply for a EEA FM? If we are already married, can he apply for the EEA FM with a status of tourist in the UK?

Just really need your advice on what's the best way from your point of view and hope my questions are not too silly!

[noajthan]

Hello everyone

I am new on this forum. I followed several topics and found your advice very helpful.
So, here is my situation:
I am Italian (with a permament contract job in the UK) and will soon get married to a Mexican who's in Tier4 Visa, expiring at the end of October (now). We will get married in UK before his visa expires. He does not need a tourist visa to enter the UK as a tourist for 6 months.
Is it ok for us to apply for EEA FM right after the marriage, few days before his Tier4 expiers?

Or, do you think it is preferable for him to leave the country (after we got married), come back as a tourist and then apply for a EEA FM? If we are already married, can he apply for the EEA FM with a status of tourist in the UK?

Just really need your advice on what's the best way from your point of view and hope my questions are not too silly!

Good question, not silly.

Hubby may stay in UK and apply for RC once married as you appear to be a qualified person.

[Juliegift]

Thanks noajthan,

do you think it might be a problem the fact that we are applying for the EEA FM right before the tier4 expiry date? Meaning, while the application will be processed (6 months) can he be considered as overstaier?

have a great day x

[noajthan]

Thanks noajthan,

do you think it might be a problem the fact that we are applying for the EEA FM right before the tier4 expiry date? Meaning, while the application will be processed (6 months) can he be considered as overstaier?

have a great day x

It is your responsibility to formulate the application so that HO do not see a marriage of convenience.
(If the topic comes up HO has obligation of burden of proof on them).

If you are a qualified person then spouse has full power and weight of EU law behind you and will not be an overstayer.

[Juliegift]

Thanks for your help!

[Casa]

Have you already registered your intention to marry with a Home Office designated Registry Office?

[Juliegift]

Yes, we went to a designated HO registered office and gave notice. Then we received a letter saying that based on his immigration history (simple tier4 visa for 2 years) and my status in the Uk (qualified person) 28 days notice were granted (instead of 70).

Our marriage date is now set

We were just wondering if we could then apply right away for the EEA FM (after the marriage) or if it would be wiser to get him out, apply for the Family Permit and then later the residence card. Although we really don't want to leave each other and plus, he does not need a visa to enter the UK as a tourist (for 6 months)

[noajthan]

Hubby may stay in UK and apply for RC once married as you appear to be a qualified person.