Crossing the UK border with EU husband on Tier 4 Student Vis

[frantii92]

I need some help to clarify the situation.

I am a Tier 4 Student Visa holder. I have finished my course but my visa is valid till the end of January. I am going to get married with my Italian partner in Gibraltar soon.

The question is will it be a problem to cross the border on the way back to the UK after marriage. As my course ended I read some information that the officer might cancel the entry or switch my visor into visitor visa. In this case, what I should do? Should I tell honestly that this is my EU partner and we are married and I am going to apply for EEA family permit in the UK?

Thank you so much for your help and time.

[noajthan]

You could be granted entry at the border on basis you are spouse/dependent of an EU citizen.
Evidence of status and relationship required.

[frantii92]

You could be granted entry at the border on basis you are spouse/dependent of an EU citizen.
Evidence of status and relationship required.

Thank you!

[frantii92]

Hi everyone.


I already asked the question about crossing the U.K. Border.
However, circumstances changed a bit.

I am married with EU citizen who resides in the U.K., we got married in Gibraltar. I am a tier 4 student visa holder, visa expires on 21/01/2017.

Tomorrow is our flight back to the U.K.. unfortinetly, the Register Office will post the marriage cirtificate in a week. The documents that I have with me: passport, bank statement with sufficient amount of money, as well as the U.K. Address on it the same as my partners. We are going to the U.K. Together.

I'm really concerned about this situation as we don't have a proof that we are married. And the course of my study ended.

Obviously, I am not going to overstay in the country. I am going to apply directly for residence card.

However, what I can do in this situation?

My immigration history is perfect, and this is 5th time in the U.K., I never broke immigration law. In addition, I have suficient amount of money.


Please, can anyone advise.

[noajthan]

Congratulations.

If turning up at border, you need to be in a position to be able to prove relationship with your sponsor if asked.

[noajthan]

Posts merged.

[frantii92]

Congratulations.

If turning up at border, you need to be in a position to be able to prove relationship with your sponsor if asked.

Thank you!

The proof that we have is the same address in the U.K on my bank statement for the last 3 months. Is it sufficient?

[noajthan]

Congratulations.

If turning up at border, you need to be in a position to be able to prove relationship with your sponsor if asked.

Thank you!

The proof that we have is the same address in the U.K on my bank statement for the last 3 months. Is it sufficient?

No, because you could be lodgers, siblings or anything else.

You need proof of marriage. You must have something from the Gibraltar trip and all dealings with registrar.

[frantii92]

Congratulations.

If turning up at border, you need to be in a position to be able to prove relationship with your sponsor if asked.

Thank you!

The proof that we have is the same address in the U.K on my bank statement for the last 3 months. Is it sufficient?

No, because you could be lodgers, siblings or anything else.

You need proof of marriage. You must have something from the Gibraltar trip and all dealings with registrar.

Thank you

[noajthan]

Aim to enter as EEA dependent. Good luck.

[frantii92]

Aim to enter as EEA dependent. Good luck.

Thank you for advising.

I got a picture from a marriage journal on my phone, as well I have emails with a marriage agancy we worked with.

I am not sure if it is enough. Additionally, a bank statement with address on it. My partner has it as well.

What do you think?

[noajthan]

As per UK BF Ops Manual you

should be given “every reasonable opportunity” to prove by other means that he is the family member of an EEA national;
a person should not automatically be refused admission as a result of not being able to produce adequate evidence.
As a guide within a week of arriving at port should be adequate

https://www.whatdotheyknow.com/request/ ... ndents.pdf

[frantii92]

As per UK BF Ops Manual you

should be given “every reasonable opportunity” to prove by other means that he is the family member of an EEA national;
a person should not automatically be refused admission as a result of not being able to produce adequate evidence.
As a guide within a week of arriving at port should be adequate

https://www.whatdotheyknow.com/request/ ... ndents.pdf

Thank you. I hope they can give me a week to provide documents.

[frantii92]

As per UK BF Ops Manual you

should be given “every reasonable opportunity” to prove by other means that he is the family member of an EEA national;
a person should not automatically be refused admission as a result of not being able to produce adequate evidence.
As a guide within a week of arriving at port should be adequate

https://www.whatdotheyknow.com/request/ ... ndents.pdf

Thank you. I hope they can give me a week to provide documents.

[frantii92]

Hi,

I am about to submit my application. However, I have some problems.

I am a tier4 student visa holder, visa expires on 21/01/2017. I am married with Italian partner who risides in UK. We got married in Gibraltar and still have not gotten a marriage certificate. As my visa expires soon, can you advise what I can do?

Is there an option to submit some documents later?

[noajthan]

Posts merged.

[noajthan]

Hi,

I am about to submit my application. However, I have some problems.

I am a tier4 student visa holder, visa expires on 21/01/2017. I am married with Italian partner who risides in UK. We got married in Gibraltar and still have not gotten a marriage certificate. As my visa expires soon, can you advise what I can do?

Is there an option to submit some documents later?

RC is optional. It is not a 'visa'.
You don't have to 'replace' your visa.

[frantii92]

Hi,

I am about to submit my application. However, I have some problems.

I am a tier4 student visa holder, visa expires on 21/01/2017. I am married with Italian partner who risides in UK. We got married in Gibraltar and still have not gotten a marriage certificate. As my visa expires soon, can you advise what I can do?

Is there an option to submit some documents later?

RC is optional. It is not a 'visa'.
You don't have to 'replace' your visa.

Ok, in my case if I will stay in the U.K. After my visa expired, does it mean then that I am staying illegally?

This is what makes me worried.

[frantii92]

Hi,

I am about to submit my application. However, I have some problems.

I am a tier4 student visa holder, visa expires on 21/01/2017. I am married with Italian partner who risides in UK. We got married in Gibraltar and still have not gotten a marriage certificate. As my visa expires soon, can you advise what I can do?

Is there an option to submit some documents later?

RC is optional. It is not a 'visa'.
You don't have to 'replace' your visa.

Ok, in my case if I will stay in the U.K. After my visa expired, does it mean then that I am staying illegally?

This is what makes me worried.

[noajthan]

Ok, in my case if I will stay in the U.K. After my visa expired, does it mean then that I am staying illegally?

This is what makes me worried.

There are no visas on EU migration route you have decided to switch to.
That's the whole point of it: free movement.
Get up to speed here:
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf

And no, you won't be illegal if you have an EU sponsor who is a qualified person and you are their direct family member.

Ofcourse if there is some hitch and sponsor is not actually a qualified person or you are not married (perhaps due to some technicality) then yes, you will become an overstayer.

[frantii92]

Ok, in my case if I will stay in the U.K. After my visa expired, does it mean then that I am staying illegally?

This is what makes me worried.

There are no visas on EU migration route you have decided to switch to.
That's the whole point of it: free movement.

And no, you won't be illegal if you have an EU sponsor who is a qualified person and you are their direct family member.

Ofcourse if there is some hitch and sponsor is not actually a qualified person or you are not married (perhaps due to some technicality) then yes, you will become an overstayer.

Well my spouse has PR in the U.K. and he is also an EU national.

I seem to have read a FOI where the home office declared someone on a tier 4 to be illegal for the period after their Tier 4 expired until they get their residence card.

The difference was that person was not married and was using the unmarried partner route.

I did not enter the U.K. as the partner of an EEA national, rather just as a Tier 4 student. This is the thing that I would like further clarification on.

[noajthan]

Well my spouse has PR in the U.K. and he is also an EU national.

I seem to have read a FOI where the home office declared someone on a tier 4 to be illegal for the period after their Tier 4 expired until they get their residence card.

The difference was that person was not married and was using the unmarried partner route.

I did not enter the U.K. as the partner of an EEA national, rather just as a Tier 4 student. This is the thing that I would like further clarification on.

That is the difference between direct family members and extended family members who in the scheme of things are relatively lower down in the EU food chain.

EFMs merely have to be facilitated in the host memberstate and may only be treated as a family member once an EFM RC has been issued under auspices of their named sponsor.
A completely different kettle of fish.

With a settled Union citizen sponsor you are home and dry.