EEA resident card for Guatemalian.

[sebastianwol]

Hi,

I'm from Poland and I live in UK few years. I want bring over to UK my boyfriend. He is from Guatemala.
I want married him in Denmark. My question is:
1. He is allow travel to UK up to 6 months stay without visa. Can we come from Denmark to London on his tourist visa and later apply for UK resident card ?
Thank you,
Sebastian

[Richard W]

Why do you think he needs a tourist visa? As a Guatemalan citizen, he may come on a visit to the UK (other than to marry in the UK) without a visa, unless he has been in trouble. If you travel from the Denmark to the UK together as a married couple, and you are a Polish citizen (as opposed to merely being a former resident, and you are not a British citizen*), then when you arrive you should explain to the Immigration Officer that he is entering as the family member of an EEA national. He should then get the EEA Regulations stamp in his passport to show that he has entered legally.

Strictly, he is only allowed 3 months as opposed to 6 months. However, so long as you remain a 'qualified person', e.g. a worker, there is no time limit. However, he should immediately apply for a residence card, as that will make it easier for him to find a job.

If he applied for a tourist visa, that would be lying, and that may cause problems later.

*Not all dual nationals benefit from the Lounes decision.

[sebastianwol]

Why do you think he needs a tourist visa? As a Guatemalan citizen, he may come on a visit to the UK (other than to marry in the UK) without a visa, unless he has been in trouble. If you travel from the Denmark to the UK together as a married couple, and you are a Polish citizen (as opposed to merely being a former resident, and you are not a British citizen*), then when you arrive you should explain to the Immigration Officer that he is entering as the family member of an EEA national. He should then get the EEA Regulations stamp in his passport to show that he has entered legally.

Strictly, he is only allowed 3 months as opposed to 6 months. However, so long as you remain a 'qualified person', e.g. a worker, there is no time limit. However, he should immediately apply for a residence card, as that will make it easier for him to find a job.

If he applied for a tourist visa, that would be lying, and that may cause problems later.

*Not all dual nationals benefit from the Lounes decision.

Thank you Richard for your answer. So do you think that will be not problem if he will say he is my husband ? I'm leave in London almost 4 years and I'm working full time.
On one website I fount he should enter to UK without any problems because people from Guatemala can stay in UK - 6 months.

Regards,
Sebastian

[sebastianwol]

He should then get the EEA Regulations stamp in his passport to show that he has entered legally.

Does not he need visa for this EEA family permit?

[Richard W]

He should then get the EEA Regulations stamp in his passport to show that he has entered legally.

Does not he need visa for this EEA family permit?

No, and and the stamp is not a family permit. The EEA family permit is very like a visa; it's primary function is to allow travel to the UK. The EEA Regulations stamp shows that one has entered the UK lawfully.

There is a one thing I have overlooked - he will need a marriage certificate to prove he has married you. Most countries issue them immediately, but some do not.

[sebastianwol]

Thank you Richard. I have one more question:
1. We are in relationships 7 months and we will be merried in October. We will be apply for him eea2 in U.K. Do you think they can refuse that because relationship is too short or we was merried few days before applying.

[Casa]

There is a one thing I have overlooked - he will need a marriage certificate to prove he has married you. Most countries issue them immediately, but some do not.
[/quote]

If you marry in Denmark, how long will you have to wait for a marriage certificate

[sebastianwol]

There is a one thing I have overlooked - he will need a marriage certificate to prove he has married you. Most countries issue them immediately, but some do not.

If you marry in Denmark, how long will you have to wait for a marriage certificate
[/quote]

They give merriage certificate immediately.