American girlfriend to join French citizen in the UK

[Floran671]

Hello all,

My name is Florian. I am 24 years old French citizen and have been employed in the UK by a UK company for 1.5 year (i.e.: exercising my Treaty rights).

My girlfriend is American. We got to know each other in June 2012 when I was going through my first year of college (I graduated in late 2016) and have been visiting each other at least once a year since 2014. The rest of the time we're keeping in touch with each other through phone, messaging apps, letters, etc.

I am currently visiting her and we both agree on one thing: we love each other dearly and want to close the distance between us. We also agreed that it'd be best for her to come and live with me in the UK. Below are the steps we'd like to take to achieve this:

1. She applies from the US for a marriage visa.
2. She joins me in the UK and we get married here.
3. She return to the US and applies for a EEA family permit (as my spouse) from outside the UK.

From the information I gathered, the second step above would allow us to have a recognized marriage. Then the third step would allow us to close the distance for good.

However I am wondering if there wouldn't be a more straight forward way to do this? And are the steps above the right ones to take? What I am mostly worried about is that this could be seen as a marriage of convenience due to step 2 and 3 only being separated by a few months. This is of course not at all the case but I don't believe we have another option for us to close the distance and live in the UK (as we have not been living together for 2+ years and I have not lived in the UK for more than 5 years).

Your feedback would greatly be appreciated.

Cheers,
Florian

[Richard W]

We also agreed that it'd be best for her to come and live with me in the UK. Below are the steps we'd like to take to achieve this:

1. She applies from the US for a marriage visa.
2. She joins me in the UK and we get married here.
3. She return to the US and applies for a EEA family permit (as my spouse) from outside the UK.

From the information I gathered, the second step above would allow us to have a recognized marriage. Then the third step would allow us to close the distance for good.

However I am wondering if there wouldn't be a more straight forward way to do this?

Getting married in Las Vegas should be more straightforward. The only visa required then is your ESTA. Once you have your proper marriage certificate, you two just fly back to the UK together and she gets the EEA Regulations stamp on entry. You'll need evidence that you are a 'qualified person' - pay slips and a contract of employment seem to be good enough.

Getting married in Denmark is also an option.

And are the steps above the right ones to take?

No. You'd be getting the marriage visa by deception. It is not for couples intending to settle in the UK.

What I am mostly worried about is that this could be seen as a marriage of convenience due to step 2 and 3 only being separated by a few months.

Strictly, yes, because you'd be getting married to avoid the need to live together in sin for two years to get your girlfriend a residence card as a durable partner. However, I've not heard of the Home Office seeing things that way. (I trust you two intend to spend your lives together, though that doesn't seem to be a requirement for the EEA route.)

[Floran671]

Getting married in Las Vegas should be more straightforward. The only visa required then is your ESTA. Once you have your proper marriage certificate, you two just fly back to the UK together and she gets the EEA Regulations stamp on entry. You'll need evidence that you are a 'qualified person' - pay slips and a contract of employment seem to be good enough.

Getting married in Denmark is also an option.

Great, this makes things actually quite easier than expected. However, I am not completly sure what you mean by the following:

Once you have your proper marriage certificate, you two just fly back to the UK together and she gets the EEA Regulations stamp on entry.

Does this mean that there is no application (step 3 above) to fill out? Or would it be something like this?

Strictly, yes, because you'd be getting married to avoid the need to live together in sin for two years to get your girlfriend a residence card as a durable partner. However, I've not heard of the Home Office seeing things that way. (I trust you two intend to spend your lives together, though that doesn't seem to be a requirement for the EEA route.)

Yes we do intend to spend lives together, definitely

Cheers,
Florian

[Richard W]

Great, this makes things actually quite easier than expected. However, I am not completly sure what you mean by the following:

Once you have your proper marriage certificate, you two just fly back to the UK together and she gets the EEA Regulations stamp on entry.

Does this mean that there is no application (step 3 above) to fill out? Or would it be something like this?

There is no application to fill out to come back together to the UK after your marriage.

The application you are referring to, for a residence card, would be step 4 in your proposed plan, and is still recommended under the simpler alternatives. Applying directly for pre-settled status may be a better alternative to applying for a residence card.

[tiems]

Once you return to the U.K. as a married couple, you can simply state that you are exercising treaty rights as an EEA national and would like your spouse to join you. You might have to show documentation proving this (your newly issued marriage certificate and perhaps some photos dating a bit further back), and she'll be issued with a stamp saying she was "Admitted to the U.K. under Immigration (EEA) Regulations 2016".

(If they're difficult and only let her in on a Tourist stamp, that's fine too. You can still apply for the residency card.)

Then you apply for the residency card, which tends to take around 2 months judging by the timelines thread (EEA FM). Note that you can make use of the European Passport Return service. It costs a bit extra, and means you'll also need to apply, but it means you'll be able to keep your passports with you.

[Floran671]

There is no application to fill out to come back together to the UK after your marriage.

The application you are referring to, for a residence card, would be step 4 in your proposed plan, and is still recommended under the simpler alternatives. Applying directly for pre-settled status may be a better alternative to applying for a residence card.

Once you return to the U.K. as a married couple, you can simply state that you are exercising treaty rights as an EEA national and would like your spouse to join you. You might have to show documentation proving this (your newly issued marriage certificate and perhaps some photos dating a bit further back), and she'll be issued with a stamp saying she was "Admitted to the U.K. under Immigration (EEA) Regulations 2016".

Thank you both for your answers, this is really helpful and things look easier than we thought they would be.

One last question I have: it looks like there won't really be any changes (due to the Brexit) to immigration rules until the middle of 2021 which would mean we don't have to rush things. Is this correct or did I miss something?

Cheers,
Florian

[Richard W]

One last question I have: it looks like there won't really be any changes (due to the Brexit) to immigration rules until the middle of 2021 which would mean we don't have to rush things. Is this correct or did I miss something?

Under the withdrawal agreement, the end date is December 2020. There's some talk that people will have until March 2021 to convert their rights and EEA documentation into leave under the Immigration Rules.

There's the distinct possibility that there won't actually be a withdrawal agreement. I strongly recommend that you marry before March 2019; only take longer if you know there will be a withdrawal agreement.