Can EU extended family member marry British national

[seagul]

Can an applicant whose application in relation of EU extended family is in process marry British national within UK?

[secret.simon]

An EEA EFM has no status in the UK until his application is successful. What is the current immigration status of the EEA EFM and what visas/leave to remain has s/he held in the past in the UK?

There is no restriction on an EEA EFM marrying a British citizen. As one of the parties is a non-EEA citizen, the marriage registrar is required to refer the marriage to the Home Office, who may extend the notice period from 28 days to 70 days and may interview both parties separately, to investigate the genuineness of the relationship.

[seagul]

Applicant was student before and before it's visa expire has applied for EU extended family member on the basis of its EU uncle. Applicant waiting for application outcome but now willing to marry British national. So can applicant marry inside UK and has to meet all financial, accomodation and other fees requirement ????

[noajthan]

Applicant was student before and before it's visa expire has applied for EU extended family member on the basis of its EU uncle. Applicant waiting for application outcome but now willing to marry British national. So can applicant marry inside UK and has to meet all financial, accomodation and other fees requirement ????

Marriage is just marriage. Go together like a horse and carriage

Marriage is not a 'visa', there are no financial etc requirements to meet - and that happy state does not confer any special immigration status in UK. Not even when blessed with a British spouse.

The party to a marriage needs to have their own valid immigration status in UK anyway, whether or not they get married.

[seagul]

My query is still unanswered. Based on above scenario can an applicant waiting the outcome of its application in relation of EU extended family member be able to marry inside the UK and lodge an application of spouse visa or FLR (M).

[noajthan]

My query is still unanswered. Based on above scenario can an applicant waiting the outcome of its application in relation of EU extended family member be able to marry inside the UK and lodge an application of spouse visa or FLR (M).

That would be because you haven't yet answered secret.simon's question.

What is applicant's current status

An applicant for EFM RC with no other status has no status as an EEA sponsor's family member until the RC is granted.

If already an overstayer (or if EFM RC is refused), s/he is likely to be detained on or after the marriage-related interview (or else at the ceremony).

If the applicant is granted an EFM RC and then marries s/he has no need to jump ship and lodge a domestic visa application as s/he can stay on EU route.
Simply apply for a FM RC to confirm status (assuming they maintain dependency on sponsor despite marriage).

In fact s/he would be well-advised not to attempt to switch.
There has been a recent refusal for someone on EU route who did attempt to switch to FLR;
they were refused on the basis that they had no existing leave to switch from (as 'leave' is not granted on EU migration route).

So what is this person's current status

[seagul]

Applicant was student before and before it's visa expire has applied for EU extended family member on the basis of its EU uncle. Applicant waiting for application outcome

[noajthan]

Applicant was student before and before it's visa expire has applied for EU extended family member on the basis of its EU uncle. Applicant waiting for application outcome

That tells us nothing useful.
There is no 3C leave on EU route.
https://www.freemovement.org.uk/section ... lications/

So has visa expired yet

And suggest applicant registers and asks own questions if its so taxing for you to answer on her behalf.

[secret.simon]

Applicant was student before and before it's visa expire has applied for EU extended family member on the basis of its EU uncle. Applicant waiting for application outcome

Assuming that the applicant's student visa has expired, s/he is an overstayer in the UK between the time the student visa expired and the date of the Residence Card, if it were issued. That is because, as Noajthan has mentioned above, EEA applications, being under a different legal system, do not extend Section 3C leave, that cover you if you make an application before your existing leave expires. Section 3C leave only applies to applications made under the UK Immigration Rules, not those under the EEA-Route applications.

So, the applicant, assuming that the student visa has expired, is currently an overstayer. If such an overstayer were to apply to marry a British citizen, then there is a good chance that the Home Office will investigate the marriage further by extending the marriage notification period to 70 days and interviewing both partners separately.

Also, if the British citizen wishes to sponsor the overstaying applicant in the UK, then s/he will need to meet the financial requirements. Being an overstayer, the applicant would not have the right to work currently.

The overstaying period may impact any future naturalisation aspirations that the applicant may have.

[seagul]

So it means no section 3c and the applicant will be overstayed of application refused. But how about during the process of application even on refusal if appeals lodge then can't the applicant marry? And how about if applicant withdraw application and marry abroad and apply spouse visa from abroad so even this case applicant is overstayer and get hard time in getting spouse visa?

[noajthan]

So it means no section 3c and the applicant will be overstayed of application refused. But how about during the process of application even on refusal if appeals lodge then can't the applicant marry? And how about if applicant withdraw application and marry abroad and apply spouse visa from abroad so even this case applicant is overstayer and get hard time in getting spouse visa?

My understanding is, no appeals anymore for EFMs, especially if not recognised to be an EFM.

[secret.simon]

So it means no section 3c and the applicant will be overstayed of application refused.

You misunderstood.

No Section 3C and the applicant will have overstayed even if application was successful.

EEA Route Application=non Section 3C leave.

Legal stay of applicant ends last day of student visa.

Period between last day of student visa and grant of RC (if successful) is overstay.

[seagul]

Then how can applicant marry British national?

[noajthan]

Then how can applicant marry British national?

Get the timing right.

And in the words of the immortal Robert Burns ...

That hackney'd judge of human life,
The Preacher and the King,
Observes: - 'The man that gets a wife
He gets a noble thing.'
But how capricious are mankind,
Now loathing, now desirous!
We married men, how oft we find
The best of things will tire us!

[seagul]

How about in two incidences:
1. If she gets RC then can she marry from inside uk?

2. Is she refused then return home and marry there then can she apply spouse visa from there?

[noajthan]

How about in two incidences:
1. If she gets RC then can she marry from inside uk?

2. Is she refused then return home and marry there then can she apply spouse visa from there?

1) Yes, if Registrar agrees and if couple pass any HO interview.
That is the case even without RC if Registrar agrees; and if interview is passed; and if fiance is not detained/removed.

2) Yes. No guarantees on visa but reasonable chances taking case on merits.

Can British fiance (spouse) meet all re
quirements?

As 'love conquers all', any reason fiance cannot move to proposed partner's home country?

[Casa]

Your choice of phrase "but now willing to marry British national" raises the question whether this is a genuine relationship, or a marriage to secure residence.