Marriage and EEA FP

[attilasomogyi]

Hi, so I have these questions, nothing complicated, but I could not find a proper answer so far.
I am a Hungarian citizen living and working in the UK. My fiancee is from Botswana and we are planning to get married here.
She is in Botswana now, normally doesn't need a visa to visit the UK, but will it change if she comes with an intention to get married here?
She's planning to come end of May or beginning of June.

Another question is, can she apply for the EEA Family Permit within the UK after we got married? Or she can apply if she's going to Ireland (doesn't need a visa either)?

Thank you in advance

[secret.simon]

She is in Botswana now, normally doesn't need a visa to visit the UK, but will it change if she comes with an intention to get married here?

Yes. She cannot get married while she is in the UK on a visitor visa.

It would be a lot easier for the two of you to get married outside the UK and then apply to move to the UK together.

can she apply for the EEA Family Permit within the UK after we got married?

A Family Permit is the equivalent of an entry visa. If she is in the UK, she need not apply for a Family Permit, but can apply directly for a Residence Card.

[attilasomogyi]

She is in Botswana now, normally doesn't need a visa to visit the UK, but will it change if she comes with an intention to get married here?

Yes. She cannot get married while she is in the UK on a visitor visa.

It would be a lot easier for the two of you to get married outside the UK and then apply to move to the UK together.

can she apply for the EEA Family Permit within the UK after we got married?

A Family Permit is the equivalent of an entry visa. If she is in the UK, she need not apply for a Family Permit, but can apply directly for a Residence Card.

Thank you for the fast reply!
Interesting, because I have had a few mails with a gov. employee and she said all she needs to do is come here, wait 7 days and then we can give notice of marriage and wait 28 or so days. On the other hand I have read the same thing you just said, everyone, even non visa nationals need a visa if they want to get married here with an EEA or UK citizen.

BUT I found this:

"If either of you is from outside the European Economic Area (EEA) or Switzerland and subject to immigration control, you or your partner will need a visa to come to the UK to:

-give notice
-get married or form a civil partnership
This includes people who don’t normally need visas for general visits (unless you’re already in the UK)."

It says unless you're already in the UK.
Bit confusing.
For my understanding, she can come without any visa (since Botswana citizens don't need visa to the UK and Ireland for up to 6 months) and get married here.

Lets' say it's done, we are married, then she can go for the Residence Card right away? No spousal or any other visa required once we are married?

Or if we get married in Botswana and come back to the UK together, can we do the same and apply for her Residence Card?

Thank you

[Casa]

Not so easy to marry here without the correct visa. As your foreign nationals you can only give notice to marry with a Home Office designated Registry Office. The Registrar is then legally bound to notify the HO who can then extend the notification period from 28 to 70 days in order to interview you both separately should then choose to do so before the wedding can go ahead.

It isn't likely to go down well that your fiancee has entered as a visitor and not with the correct visa for marriage. They are unlikely to approve the application to marry.

The 'Government employee' may not be aware of the Regulations and how these have been tightened regarding foreign nationals marrying in the UK.

[attilasomogyi]

Not so easy to marry here without the correct visa. As your foreign nationals you can only give notice to marry with a Home Office designated Registry Office. The Registrar is then legally bound to notify the HO who can then extend the notification period from 28 to 70 days in order to interview you both separately should then choose to do so before the wedding can go ahead.

It isn't likely to go down well that your fiancee has entered as a visitor and not with the correct visa for marriage. They are unlikely to approve the application to marry.

The 'Government employee' may not be aware of the Regulations and how these have been tightened regarding foreign nationals marrying in the UK.

Thank you!
So what visa she needs and how much does it cost?
What are the requirements on my side?