Marrying as Tier 4 student to EU citizen in UK

[confused888]

Hello,

I posted this already in the Tier 4 applications thread but they told me that here it would be more appropriate.
I am a USA citizen and have the right to remain in the UK on a Tier 4 with a BRP until 2021. My boyfriend is an EU citizen without a settled status in the UK. We have been together for 9 years and would like to marry before my visa expires. Obviously with Brexit happening, we are unsure if this is possible, since he has not claimed settled status yet. He has moved back and forth from the UK, breaking the required consecutive five years for settled status. Would applying for pre-settled status make it easier for our marriage to be lawful? 

We moved in together only recently and would like to know the requirements for proving our relationship beyond text messages, pictures of us together, and a shared address on our bank statements etc. My boyfriend is a freelancer, but he has not earned the £18,600 annual income over the past 4 years. Will this be an issue, even if I can prove I have sufficient funds to remain financially independent until I gain employment? 

Thank you for whatever advice you can provide. We are genuinely grateful.

[kamoe]

I am a USA citizen and have the right to remain in the UK on a Tier 4 with a BRP until 2021. My boyfriend is an EU citizen without a settled status in the UK. We have been together for 9 years and would like to marry before my visa expires.

this is the page you need to take a look at: https://www.gov.uk/marriages-civil-part ... n-national

Obviously with Brexit happening, we are unsure if this is possible, since he has not claimed settled status yet.

According to the page above, without settled status you need to give a longer notice period, 70 days instead of 28; and pay a higher fee, of £47 instead of £35, and as both of you are foreign and not settled yet.

He has moved back and forth from the UK, breaking the required consecutive five years for settled status. Would applying for pre-settled status make it easier for our marriage to be lawful? 

According to the page above, the marriage can still go ahead without Settled status (but again, notice period is longer, and fees higher).

We moved in together only recently and would like to know the requirements for proving our relationship beyond text messages, pictures of us together, and a shared address on our bank statements etc.

In the page above there is a list of required documents. The registrar will probably refer your marriage proposal to the Home Office, and they can invite you for interview.

My boyfriend is a freelancer, but he has not earned the £18,600 annual income over the past 4 years. Will this be an issue, even if I can prove I have sufficient funds to remain financially independent until I gain employment? 

No. Income is only an issue for obtaining family visas through the UK legislation.

[CR001]

Obviously with Brexit happening, we are unsure if this is possible, since he has not claimed settled status yet.

According to the page above, without settled status you need to give a longer notice period, 70 days instead of 28; and pay a higher fee, of £47 instead of £35, and as both of you are foreign and not settled yet.

You are misunderstanding the notice issue Kamoe. They have to give 28 days notice to marry at an HO approved Registry. The Registry will inform HO and it is HO who decides if the notice period will be extended to 70 days to investigate and/or interview each person individually. HO does not always extend the notice period. They can only proceed with marrying once HO has confirmed they can go ahead. The extended notice period is relevant to the NON EU citizens and not so much the EU citizen.

[kamoe]

Obviously with Brexit happening, we are unsure if this is possible, since he has not claimed settled status yet.

According to the page above, without settled status you need to give a longer notice period, 70 days instead of 28; and pay a higher fee, of £47 instead of £35, and as both of you are foreign and not settled yet.

You are misunderstanding the notice issue Kamoe. They have to give 28 days notice to marry at an HO approved Registry. The Registry will inform HO and it is HO who decides if the notice period will be extended to 70 days to investigate and/or interview each person individually. HO does not always extend the notice period. They can only proceed with marrying once HO has confirmed they can go ahead. The extended notice period is relevant to the NON EU citizens and not so much the EU citizen.

Thanks for clarifying, CR001, I worded this a bit badly: I meant they will (probably) need to allow for a longer notice (not that they will decide how long it would be, sorry for the misunderstanding).

Now, how about the below paragraph? Does it not apply to a EU citizen who has not settled (last bullet point):

Your notice period can be extended to 70 days if you or your partner:

• are from outside the EEA or Switzerland

• have limited or no immigration status in the UK

• do not give the registrar enough evidence to show you’re settled in the UK

[vivi862]

Hi there- I did the same thing. I was a tier 4 student and my (then) fiancee is Irish without any settled status. We had lived in our council for over a year and we went and gave notice. They ask when you want to get married and I replied that we didn't know bc the notice period could be 28 or 70 days and she said "quite right." The Home Office makes the decision whether to investigate you upfront. The council lets them know and they will mail you a letter within that 28 days to say if they want to investigate. It's important you keep an eye out for the letter because if they want a response and you don't that's not good. In our case we each got a letter the next week stating we weren't going to be investigated so our notice period was 28 days but they withhold the right to investigate later when applying for different visas. The woman we gave notice with said they look for people without visas to investigate and you have plenty of time on yours so I'm sure you'll be ok. Hope that helps!