Which process should I go through to get married and settle in the UK?

[Rogue25]

Hello,

I have been in a long distance relationship with a girl for 6 years now. I am American and she is from Greece, currently living in the UK. We met working at the same job in the US.

In order to sustain the relationship we would talk on skype and visit each other 2-3 times every year. In 2015 I went to study my Masters in the UK and we lived together for a year and then my visa was curtailed for early completion of studies so I moved back to the US September, 2016.

We have been thinking about getting marrying for quite some time now and so I have a few questions before putting in a application.

She is European but has been working in the UK for almost 5 years (in October) so can we still get married and live in the UK or will she need to obtain a permanent residency permit?

We thought about getting married in the next couple of months. She was going to come to the US and then fly back and I would apply for a spouse visa. How long would that take to process?

Would it be beneficial for me to get a fiance visa instead and then fly and we get married? Or would it be more cost efficient to get married in the US because I assume we would be able to skip the fiance visa and go straight for the spouse visa?

Thank you!

[Casa]

You wouldn't be applying for a spouse settlement or fiance visa under the UK Immigration Rules as your fiancee is an EEA National without permanent residence.

Marry in the US and apply for an EEA Family Permit.
https://www.gov.uk/family-permit/overview

There will also be several thousand £s difference (in your favour) in fees

[Rogue25]

You wouldn't be applying for a spouse settlement or fiance visa under the UK Immigration Rules as your fiancee is an EEA National without permanent residence.

Marry in the US and apply for an EEA Family Permit.
https://www.gov.uk/family-permit/overview

There will also be several thousand £s difference (in your favour) in fees

Oh wow, this is a big difference and makes a lot more sense!

Thank you so much, I will definitely look into this!

[Richard W]

Marry in the US and apply for an EEA Family Permit.
https://www.gov.uk/family-permit/overview

Or be bold and just fly back to the UK together. By law, you should be allowed in as the family member of an EEA 'worker' (legal term) and get the stamp known as the EEA regulations stamp, which has replaced the Code 1A stamp.

[dan1988uk]

Marry in the US and apply for an EEA Family Permit.
https://www.gov.uk/family-permit/overview

Or be bold and just fly back to the UK together. By law, you should be allowed in as the family member of an EEA 'worker' (legal term) and get the stamp known as the EEA regulations stamp, which has replaced the Code 1A stamp.

Family permit will take 1-2 weeks and it's free of charge, why should he risk to arrive at the border without the FP? Law is a thing, border officer's mind is another.

[Casa]

Marry in the US and apply for an EEA Family Permit.
https://www.gov.uk/family-permit/overview

Or be bold and just fly back to the UK together. By law, you should be allowed in as the family member of an EEA 'worker' (legal term) and get the stamp known as the EEA regulations stamp, which has replaced the Code 1A stamp.

Family permit will take 1-2 weeks and it's free of charge, why should he risk to arrive at the border without the FP? Law is a thing, border officer's mind is another.

I agree.

[Rogue25]

Does anyone know how much the EEA Family Permit will be effect by Brexit?

Or how about if my girlfriend wants to apply for her permanent resident card since she is almost up to 5 years? Will I have to change my visa status after she does this assuming I am living in the UK under the EEA Family Permit?

[dan1988uk]

You can not live "under" EEA family permit, FP is more or less an entry visa, once inside with EEA FP you should apply for a residence card.