Tier 4 visitor want to marry EEA

[A2ROR]

Hi All,

I need information for one of my mate who is on tier 4 visitor visa he wanted to marry EEA girl but he is not sure weather he can apply EEA family permit after in U.K. or not ?

Or do he need to go back to his home country to apply non-eea spouse visa ?

As student visitor visa don’t allow any in country extension.

Please advise or any one had similar situation in past.

Thanks in advance.

[CR001]

Hi All,

I need information for one of my mate who is on tier 4 visitor visa he wanted to marry EEA girl but he is not sure weather he can apply EEA family permit after in U.K. or not ?

Or do he need to go back to his home country to apply non-eea spouse visa ?

As student visitor visa don’t allow any in country extension.

Please advise or any one had similar situation in past.

Thanks in advance.

Presumably he has a Short Term Study visa : https://www.gov.uk/study-visit-visa

How long is his visa valid for (start and end date)??

An EEA Residence Card is NOT an 'extension' under the UK immigration rules which the 'no extension' refers to!!

How long has he been in a relationship with the 'EEA girl' (presumably an EU citizen)??

[A2ROR]

Hi All,

I need information for one of my mate who is on tier 4 visitor visa he wanted to marry EEA girl but he is not sure weather he can apply EEA family permit after in U.K. or not ?

Or do he need to go back to his home country to apply non-eea spouse visa ?

As student visitor visa don’t allow any in country extension.

Please advise or any one had similar situation in past.

Thanks in advance.

Presumably he has a Short Term Study visa : https://www.gov.uk/study-visit-visa

How long is his visa valid for (start and end date)??

An EEA Residence Card is NOT an 'extension' under the UK immigration rules which the 'no extension' refers to!!

How long has he been in a relationship with the 'EEA girl' (presumably an EU citizen)??

Hi CR001,

Thankyou for your prompt reply. My mate been here since 6 months and been living with EU girl for 6 months as he moved to her home from day 1st in U.K. and they got friendship . Now my mate got only 2 months left for his visa and his girlfriend asked him to marry him but they are not sure how will it work and how should they approach shall they marry first or shall they put civil relationship application first ?

Regards

[CR001]

To marry they have to give 28 days notice an an HO approved Registry office. They will then inform HO and this notice period could be extended to 70 days for HO to investigate and/or interview each of them separately before permission to marry will be granted.

Not sure what you mean by 'civil relationship'???

[A2ROR]

To marry they have to give 28 days notice an an HO approved Registry office. They will then inform HO and this notice period could be extended to 70 days for HO to investigate and/or interview each of them separately before permission to marry will be granted.

Not sure what you mean by 'civil relationship'???

Sorry CR001 ,

I mean civil Partnership.

If they apply on civil partnership EEA family permit first and then will it be safe for him to save time delay in process of HO as you explained above.

Because they have joint bills on their names since 3 months and they have joint council tax as well .

Please suggest any best way if he can apply for any eea family visa from in country U.K.

Thanks

[CR001]

Still the same process of giving notice.

https://www.gov.uk/marriages-civil-part ... need-to-do

[A2ROR]

Still the same process of giving notice.

https://www.gov.uk/marriages-civil-part ... need-to-do

Thankyou CR0001 for such a detailed and informative replies.

One last question if my mate start his process to marry EEA girl will he be eligible to get his family permit within U.K. or do he has to go back to his country first and apply visa from there after marriage here ?

Regards

[CR001]

Depends if HO gives permission and if they extend the notice period to 70 days, by which point your friends visa will likely have expired and he will be an overstayer if not married.

[A2ROR]

Depends if HO gives permission and if they extend the notice period to 70 days, by which point your friends visa will likely have expired and he will be an overstayer if not married.

CR001 thanks for reply , what I understand is he can be illegal in this processing time and then he can’t marry after visa expire he has to go back. He can’t get eea family permit in this status/short time

[CR001]

It really all depends if HO extend the notice period to 70 days to investigate before granting permission to marry.

[A2ROR]

It really all depends if HO extend the notice period to 70 days to investigate before granting permission to marry.

Any other way to circumvent this HO marriage approval process please ?

[CR001]

Marry abroad.

[Casa]

It really all depends if HO extend the notice period to 70 days to investigate before granting permission to marry.

Any other way to circumvent this HO marriage approval process please ?

Just to be clear....when you mention 'civil partnership' you're not confusing this with an 'unmarried partnership

Is your friend living with his girlfriend and other tenants?

[A2ROR]

It really all depends if HO extend the notice period to 70 days to investigate before granting permission to marry.

Any other way to circumvent this HO marriage approval process please ?

Just to be clear....when you mention 'civil partnership' you're not confusing this with an 'unmarried partnership

Is your friend living with his girlfriend and other tenants?

Hi Casa,

Thanks for clearing. I meant “ unmarried partnership”.

Yes he is living with his girlfriend as tenant in one house own their own no one else apart from these two sharing their house .

Do you think is their any way for them because they both don’t want to go abroad to apply EEA family permit . That will be too expensive for them and they can’t afford .

Cheers

[Casa]

Your friend and his girlfriend don't qualify for an unmarried partnership after only living together for 6 months.

To meet the requirement for a durable relationship 'akin to marriage' there should be a minimum of 2 years co-habitation with the documented evidence to support this. Proof would include examples such as joint finances, both names on a tenancy or mortgage and utility bills.

Is his girlfriend working?

[Richard W]

Depends if HO gives permission and if they extend the notice period to 70 days, by which point your friends visa will likely have expired and he will be an overstayer if not married.

CR001 thanks for reply , what I understand is he can be illegal in this processing time and then he can’t marry after visa expire he has to go back. He can’t get eea family permit in this status/short time

As a matter of practice, he can marry her after his visa expires, but he might be detained before the marriage. If the EEA girl is working, then he will be safe from removal if the HO accept that it is not a marriage of convenience - the marriage will confer a right of residence. (If it were a marriage of convenience, both could be removed from the country. Marriage to an occasional sleeping partner may be considered a marriage of convenience.) He can then apply for a residence card so that he can be safely employed or rented to.

A period of unlawful presence in the UK may cause problems in the further future - he might be considered not to be a person of 'good character' if he tried to naturalise as British, and will probably be held against him if the marriage fails and he later wants to visit the UK again.

[A2ROR]

Depends if HO gives permission and if they extend the notice period to 70 days, by which point your friends visa will likely have expired and he will be an overstayer if not married.

CR001 thanks for reply , what I understand is he can be illegal in this processing time and then he can’t marry after visa expire he has to go back. He can’t get eea family permit in this status/short time

As a matter of practice, he can marry her after his visa expires, but he might be detained before the marriage. If the EEA girl is working, then he will be safe from removal if the HO accept that it is not a marriage of convenience - the marriage will confer a right of residence. (If it were a marriage of convenience, both could be removed from the country. Marriage to an occasional sleeping partner may be considered a marriage of convenience.) He can then apply for a residence card so that he can be safely employed or rented to.

A period of unlawful presence in the UK may cause problems in the further future - he might be considered not to be a person of 'good character' if he tried to naturalise as British, and will probably be held against him if the marriage fails and he later wants to visit the UK again.

Thankyou to everyone for all advices hope this information will help us a lot