! C-VISIT. 'right' to re-enter UK after marriage with EEA n.

[Gale777]

Hello everyone!

I'm in UK with c-visit visa. It was given to me instead of fiancée visa,because me and my future husband(French citizen, EEA national) are getting married outside UK.
So as I clearly understood I have a visitor visa for partners.

Our marriage is in December 2011, expiry date of my c-visit visa is March 2012.
So our plan is to go back home to UK after marriage in December and apply for a Residence Card for non-EEA family members in Home Office.
Last week in Heathrow airport Border Officer told me, that I need a letter from Home Office that they acknowledge my stay in UK on c-visit visa after marriage. Otherwise, when I come back from marriage they will cancel my visa on the Border in the airport.

I contacted Home Office and they said, that I can apply for Residence Card on my current c-visit visa from UK, but they have no idea why should they right something to approve my 'right' to re-enter the UK, after marriage.
They advised to contact the issuing authority of my current visa, which is Embassy in my native country.

Why do I need all of this if my visa is expired in March 2012 and I'm going back to UK in Dec 2011? I'm still a partner that is visiting a EEA partner, right?
Can anyone clarify this situation with a 'right' to re-enter the UK, after marriage on visitor visa?

Thanks a lot!

[Lucapooka]

Entry to the UK as a visitor is on the basis that you will leave the UK after the visit.

41. The requirements to be met by a person seeking leave to enter the United Kingdom as a general visitor are that he:
(ii) intends to leave the United Kingdom at the end of the period of the visit as stated by him; and

You will not be visiting the UK (you wish to live there) and do not intend to leave the UK and therefore the likelihood of a refusal of entry is very high. After you marry outside the UK you should apply for an EEA Family Permit to enter the UK (it`s quick and free). Thereafter you can apply for a residence card.

However, if you travel with your husband you should not need this. You will be admitted under EU rules rather than on the C visit visa (UK rules).

[Gale777]

Entry to the UK as a visitor is on the basis that you will leave the UK after the visit.

41. The requirements to be met by a person seeking leave to enter the United Kingdom as a general visitor are that he:
(ii) intends to leave the United Kingdom at the end of the period of the visit as stated by him; and

You will not be visiting the UK (you wish to live there) and do not intend to leave the UK and therefore the likelihood of a refusal of entry is very high. After you marry outside the UK you should apply for an EEA Family Permit to enter the UK (it`s quick and free). Thereafter you can apply for a residence card.

However, if you travel with your husband you should not need this. You will be admitted under EU rules rather than on the C visit visa (UK rules).

Thank you very much Lucapooka!Could you tell me where to find information about EEA Family Permit that is "quick and free".
I found that it takes up to 6 month if you apply from outside UK

[Lucapooka]

EUN2.3 How quickly do I need to issue an EEA family permit?
Priority must be given to applications for EEA family permits. Wherever possible a decision should be made at the time it is lodged or after an interview is conducted. However, the Regulations do not say that EEA family permits must be issued on the day that the application is made. The Directive does allow Member States to take reasonable measures to ensure that freedom of movement is not obtained by deception. Where you suspect a marriage of convenience or even 'sham' employment for the purpose of freedom of movement, further enquiries should be made and credibility may be tested. As long as delays are justifiable, applications can be tested until the ECO is fully satisfied.

Additionally, if you look at the average wait times for EEA Permits (on the UKBA site) you can see that the vast majority are emitted in a few days. Only the doubtful cases (suspected bogus marriage, etc) suffer long delays.

[Gale777]

Thank you for your help!

[Gale777]

EUN2.3 How quickly do I need to issue an EEA family permit?
Priority must be given to applications for EEA family permits. Wherever possible a decision should be made at the time it is lodged or after an interview is conducted. However, the Regulations do not say that EEA family permits must be issued on the day that the application is made. The Directive does allow Member States to take reasonable measures to ensure that freedom of movement is not obtained by deception. Where you suspect a marriage of convenience or even 'sham' employment for the purpose of freedom of movement, further enquiries should be made and credibility may be tested. As long as delays are justifiable, applications can be tested until the ECO is fully satisfied.

Additionally, if you look at the average wait times for EEA Permits (on the UKBA site) you can see that the vast majority are emitted in a few days. Only the doubtful cases (suspected bogus marriage, etc) suffer long delays.

Hello! I apologise for so many questions and appreciate your help very much.
Does it mean that I can enter the UK with a C-visit visa after marriage in Dec (the expiry date of this visa is March 2012)? I will leave the country to apply for a EEA Family Permit from outside at a later date before the expiration of my visa. I was even thinking to buy a ticket now to my native country that I'd show to the Border Officer when I will enter the UK in Dec. Do you think it'd be helpful?