Marry in France, go elsewhere

[ajikan81]

I saw a topic similar to this one, but not exactly the same. If anyone can advise I would be ever so grateful.

My fiancee has French citizenship and resides in the UK under the EEA right of freedom rules. However, he has not applied for permanent residency in the UK, and is legally allowed to marry in France.

I am a US citizen, and we plan to marry in France, which seems to not be a problem as we can meet all the requirements.

After that, I would like to join him to live in England, and I believe I can do so under the EEA rules by applying first for EEA1 and then EEA2.

Am I correct? Can I do this from France or would I have to come back to the US to do this? This seems expensive and I would like to know my options. I would think that as the spouse of the EEA citizen residing in the UK I could enter the UK and then apply there, or else apply from France. But if I have learned anything it is that nothing is simple and many things seem to be up for debate depending on which IO you talk to.

[John]

After that, I would like to join him to live in England, and I believe I can do so under the EEA rules by applying first for EEA1 and then EEA2.

Not quite, the EEA1 would be used by a EEA Citizen, so it is the EEA2 that would be used by you.

After the marriage in France, simply travel to the UK using your US passport, and once in the UK use form EEA2 to get your Residence Card.

It might be argued that you need to apply for an EEA Family Permit but you do in fact acquire your EEA rights as soon as the marriage happens. As you are a "non-Visa-national", that is, you do not need a visa before travelling to the UK, simply do that, and then apply in the UK using form EEA2.

A "Visa National" would not be able to do this, because they need a visa or permit in their passport before making their journey to the UK. Such a person would need to apply for a EEA Family Permit before travelling.

[ajikan81]

Are you sure? Could you direct me to somewhere that says this? I would just be very worried about being turned away at the border.

I know that technically I would have that right, but who's to say the IO wouldn't turn me away? I'd be entering on my US passport, how does this make me a "non-visa-national"?

Please elaborate. I don't want to go through serious trouble at the border.

[yankeegirl]

I'd be entering on my US passport, how does this make me a "non-visa-national"?

You're not considered a visa national in that you don't need to have to apply for a visa beforehand in order to enter the UK to visit.

[ajikan81]

I'd be entering on my US passport, how does this make me a "non-visa-national"?

You're not considered a visa national in that you don't need to have to apply for a visa beforehand in order to enter the UK to visit.

Yeah, I realized that after I asked it.

But, the point remains that there are a number of directly conflicting things and information on the visa website. It seems that although legally by ECJ I could enter, that there is no way the Brits would just let me in without something else first. They say here that you need to first apply for an EEA family permit and that you cannot just be hanging in France on a tourist visa to do it.

http://www.ukvisas.gov.uk/en/howtoapply ... ionals#Q16

While here it says that a tourist visa is okay for this. The site directly contradicts itself, unless I am missing something.

http://www.ukvisas.gov.uk/en/ecg/chapte ... four%20one

So basically it seems, according to some laws, I can just stroll into England with my husband and marriage certificate and they legally have to let me in.

According to other laws, I have to apply for a family permit and can do so from wherever I please.

And according to yet other guidelines, I have to come back to the states to apply for this family permit that I may or may not need.

I am about to have no fingernails left. Please help!

[Hexy]

OK. Here is what MY NYC French consulate told me last month. I applied for long stay visa along with my son who will be attending the equivilant of 7th grade there.
He told me no no get married first its much easier. Blah blah wont get into that detail but the bottom line HE TOLD ME was if we got married in France, I would then have to be holding a long stay visa to apply for resident card, carte de sejour. I told him that is why I am applying for a long stay visa NOW not later. He said it will take time to process etc etc dont call us we'll call you etc etc. That is almost a month ago now and I still wait to hear something.

I do not know what has to be in your hand if you are already there on your 90 day visa free stay or if you already have a long stay visa. But from the US with now long stay visa, youll need one.

http://www.ambafrance-sg.org/article.ph ... rticle=947

[ajikan81]

Thanks for the info but that situation does not really apply to me as I am not trying to stay in France, but go to the UK.

[Hexy]

You have to get married first. You can not be and EU family member to apply for anything until you get the marriage done first.