Irish guy in U.K.,non-E.U. fiance

[mathew31]

Hi,

I am an Irish national who is now living in London.
I met my fiance 2 years ago in Australia and we have been in a relationship since.
She came to the U.K. last year on a 6 month holiday and we got engaged.
She is now back in Taiwan.
We plan to get Married in the U.K. and live here.

we are not sure what visa we should be applying for and we keep coming up with conflicting answers,

like should we be apply for fiance settlement or EEA family permit?

are Irish nationals treated differently than other EEA nationals when it comes to settled status?

we have been looking through the fiance settlement application form VAF4A and are confused by a lot of the questions, but firstly we want to make sure that this is the correct form to fill out.

we would greatly appreciate any advice or information about this
we want to get things moving but dont seem to be getting anywhere at the moment.

Thanks
mathew

[Lucapooka]

The correct method according to the guidelines would be to first apply for fiancee settlement visa under UK rules and then, after the marriage, she can stay in the UK under EU rules.
EUN2.12 Can fiancé(e)s, and proposed civil partners qualify for an EEA family permit?
Fiancé(e)s and proposed civil partners are not recognised as family members or extended family members in the EEA Regulations. However, provisions have been made for fiancé (e)s and proposed civil partners of EEA nationals paragraph 290 of the Immigration Rules. Fiancé(e)s and proposed civil partners of EEA nationals applying under these Rules will have to pay the usual fee. For the purposes paragraph 290 of the Immigration Rules, an EEA national who is a qualified person in the UK is considered as present and settled.

She could try a marriage visit visa but the likelihood of refusal is high because the intention to leave the UK after the marriage is hard to demonstrate.
Or she could enter as a visitor and try to marry while there on that status but that carries the same risk.

[mathew31]

hi, thank you for your advice

so would i be considered 'present and settled' in the U.K.?.
i have only lived here for 7 months.

if so what answer would i give for these questions;

8.2.10 sponsors permission to live in the U.k.

8.2.11 when did they get this permission?.
do i put my date of birth or the date i arrived here or what?

sorry if these seem like silly questions,im just confused by it all
and seem to be going round in circles.
i dont wanna make a silly mistake and be refused because of it.

another thing,where it says full permanent home address,do i put my U.K. address?.im only renting a room here so its not really a permenant address.

[Lucapooka]

You would be considered as present and settled for this application if you are a qualified person (exercising EU treaty rights).

8.2.10 Irish/EU National
8.2.11 Your Birthday is as as good an answer as any. I think Irish citizens were permitted to live in the UK long before the formation of the EU and the concept of free movement.
Permanent address is where you live (renting or otherwise).

[mathew31]

what does 'qualified' mean?.

[Lucapooka]

EEA nationals can stay in the UK (or another EEA state) for three months. After that, they have to exercise EC treaty rights if they want to remain as a resident. A qualified person is an EEA national who is exercising treaty rights.

Treaty rights refer to any of the following:
• Employment (including job seeking)
• Self-Employment
• Study
• Economic Self-Sufficiency

[mathew31]

would i have to mention these rights on my application?.

seems a bit confusing to me.
i'm working here at the moment so would that make me qualified?
if we're applying for fiance settlement visa under U.K. law can i exercise
EC treaty rights?

what status do Irish nationals have living in the U.k.?

[Lucapooka]

The guidance asks that you are a qualified person for you to be considered as present and settled and it would be relevant to indicate this if there was any doubt. However, it seems self-evident that are qualified if you are working but pointing out the obvious is not a bad thing with visa applications (especially as yours is perhaps a non-standard type of fiancee settlement application due to your status as an EEA national).

[mathew31]

you mentioned that you think irish citizens were permitted to live here long before te formation of the EU,would i be considered ,pesent and settled' simply from being an Irish national living here?.if so i would think it would be easier to go down that route

[mathew31]

any help please!!