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i All,

Again I'm here to run few things by you all. Your advise are indispensable.

I'm currently in a relationship with an EEA national. We are now moving in together. We are doing this while I'm waiting for my divorce to finalise (from a British national). And you should know that my 2- year Spouse visa, which I'm on has expired, but my case is currently under appeal in courts.

So, in the spirit of working towards my stay status, I've been advised by a solicitor to do the following:

-when the divorce is finalised. My wife and I do a proxy marriage (as my country of nationality accepts proxy marriages) and then I'll apply via EEA.

While I'm hesitant and arguing about the idea of proxy marriages, as I've heard nothing but negative things about them. I've read it is still being done. Is this a route you all would advice we take?


Thanks in advance for your replies.

Not recommended. You may like to read through this article and in particular take note of the sentence;
"The refusal rate for proxy marriages is now running at twice the rate for marriages of convenience."
http://www.theguardian.com/uk-news/2014 ... age-misuse

Also see TA

I think it is sensible to ignore Mr Vine. He talks what he likes, without any concrete proof to back his assertion.

Hi Obie,

Cheers for the response.

So what would you recommend?

If I'm going by the good advise from members here, my past post. Marriage here in registry or church (safe) would be advisable. Then apply.

Am I on the right track with the above?

Well i don't know the details of your case, so cannot recommend.

I can simply say that you should ensure your case is consistent with TA.

Whether or not you're a fan of Jeremy Vine, if you're both resident in the UK, why aren't you marrying here? Unless you're afraid of your marriage being considered a sham?

Obie wrote:Well i don't know the details of your case, so cannot recommend.

I can simply say that you should ensure your case is consistent with TA.

Cheers for this Obie. having a thorough look at the TA link/case now.

Casa wrote:Whether or not you're a fan of Jeremy Vine, if you're both resident in the UK, why aren't you marrying here? Unless you're afraid of your marriage being considered a sham?

Hi Casa,
Cheers for the reply.

To be honest, after reading articles (latest being http://www.dailymail.co.uk/news/article ... riage.html, hearing a number of things. I really want to avoid the embarrassment.

I would have preferred to go back to country of nationality. But there are a number of reasons why that is not feasible at all.

So yes, trying to avoid any possible claim that it's a sham marriage.

Cheers for the reply though, keep 'em coming please.

Ar_img wrote:

Obie wrote:Well i don't know the details of your case, so cannot recommend.

I can simply say that you should ensure your case is consistent with TA.

Cheers for this Obie. having a thorough look at the TA link/case now.

You may also wish to seek advise from a competent adviser as to the implications of the judgement on your case.

Obie wrote:

Ar_img wrote:

Obie wrote:Well i don't know the details of your case, so cannot recommend.

I can simply say that you should ensure your case is consistent with TA.

Cheers for this Obie. having a thorough look at the TA link/case now.

You may also wish to seek advise from a competent adviser as to the implications of the judgement on your case.

When you say judgement. You mean potential refusal by the judge. Is this correct?

With regards advisers, this is what I'm trying to do. This person I'm currently with, I'm still 'testing waters'.

Cheers for your reply. Keep 'em coming.

Casa wrote:Whether or not you're a fan of Jeremy Vine, if you're both resident in the UK, why aren't you marrying here? Unless you're afraid of your marriage being considered a sham?

Well to be fair, with the rate of embarrassment and humiliation cased on genuine couple at registry, and the laws coming into effect this month, it is hardly surprising that people are choosing the proxy route. It is their right to choose it, i must add.

18 months ago I dealt with a case involving an heavily pregnant Spanish woman and his South American partner, with whom she had resided in Spain for many year.

The humiliation she faced is hard to articulate in words, she had to go into premature labour during her ordeal.

UKVI entered the wedding and disrupted it, start telling the woman her husband is not the father. That she is doing a sham wedding.

The guy had a 6 months visitors entry leave, as he is a non-visa national.

The guy came to me and said, I wished i had done the proxy, when you advised, as my home state permits it.

That was before the case of TA , fortunately.

Matter was taken to court and damages were agreed, as the guy was taken to detention, to compound their difficulties, when he had a visitors visa. He was accused of trying to contract a sham marriage, when that did not stick, they alleged he confessed under oath that he was working in the UK.

Long story short, he was offered damages, for the detention and the disruption to his wedding . The guy told me whatever they compensated him, will not erase the pain and humiliation.

He said he would have preferred to endure the lengthily marriage process in Spain than put his now wife through such humiliation.

Things are not usually as straightforward as it seem, especially where UKVI is concerned.

Hi Obie,

So still reading it, gone through the document. Still an on going through it again. But from my first reading, it appears that the case was about granting appeal and not a decision whether to grant the families (spouse and children of the Dutch national) an EEA resident permit.

So, am I right to say the lesson I'm to take here is that proxy is allowed. As the judge accepted it as a legitimate form of marriage? Anything else?

Cheers.

Obie wrote:

Casa wrote:Whether or not you're a fan of Jeremy Vine, if you're both resident in the UK, why aren't you marrying here? Unless you're afraid of your marriage being considered a sham?

Well to be fair, with the rate of embarrassment and humiliation cased on genuine couple at registry, and the laws coming into effect this month, it is hardly surprising that people are choosing the proxy route. It is their right to choose it, i must add.

18 months ago I dealt with a case involving an heavily pregnant Spanish woman and his South American partner, with whom she had resided in Spain for many year.

The humiliation she faced is hard to articulate in words, she had to go into premature labour during her ordeal.

UKVI entered the wedding and disrupted it, start telling the woman her husband is not the father. That she is doing a sham wedding.

The guy had a 6 months visitors entry leave, as he is a non-visa national.

The guy came to me and said, I wished i had done the proxy, when you advised, as my home state permits it.

That was before the case of TA , fortunately.

Matter was taken to court and damages were agreed, as the guy was taken to detention, to compound their difficulties, when he had a visitors visa. He was accused of trying to contract a sham marriage, when that did not stick, they alleged he confessed under oath that he was working in the UK.

Long story short, he was offered damages, for the detention and the disruption to his wedding . The guy told me whatever they compensated him, will not erase the pain and humiliation.

He said he would have preferred to endure the lengthily marriage process in Spain than put his now wife through such humiliation.

Things are not usually as straightforward as it seem, especially where UKVI is concerned.

Exactly. You hit it right on the head Obie.

I'm already embarrassed as it is that I can't do a number of things my mates are doing. Let alone, having to face accusations on the day of the marriage in the registry - in front of guests, might I add.

This is why I am entertaining the proxy option brought up by this adviser I'm currently with.

Obie wrote:Also see TA

I think it is sensible to ignore Mr Vine. He talks what he likes, without any concrete proof to back his assertion.

Hi Obie,

So I've read the case and gone through the Kazeem case, reference was always made to.

Please correct me if I say the only positive to take from here is the 'durable relationship proof. That is co-habitation etc.

Basically, I should have this incase the proxy marriage is disputed. As we do not know what Hungarian law's are like towards proxy marriages. Correct?

Advise need please.

You may want to bear in mind that a proxy marriage (when you are both resident in the UK) is as likely to flag up a suspicion of a sham marriage as much (if not more so) as a marriage taking place here. Especially considering your ongoing fight to remain in the UK after your previous marriage failed and your spouse visa expired. An EEA permit application after the marriage will come under a great deal of scrutiny.

Casa wrote:You may want to bear in mind that a proxy marriage (when you are both resident in the UK) is as likely to flag up a suspicion of a sham marriage as much (if not more so) as a marriage taking place here. Especially considering your ongoing fight to remain in the UK after your previous marriage failed and your spouse visa expired. An EEA permit application after the marriage will come under a great deal of scrutiny.

Hi Casa and all,

Apologies for the delay.

Casa, I am aware of this. But part of the reason I chose the proxy route is because I believe it's the safest route. Safest route with respect to any potential embarrassment that could happen should I choose marriage at registry.

In addition to the above, I should mention that when applying for my appeal. I did introduce the idea that I was in a relationship with an EEA national. Whether this may come into play, I have no idea.

In light of all this Casa, what would you recommend if I may ask?

Won't lie, there is so much to think of. So much going through my mind. I am always deep in thought, not wanting to make the wrong decision. For this has to work, don't think I have the strength for any other play after this.

Think I'm going to start a thread to ask about any success stories via proxy marriage. For it can get quite hard to maintain my optimism.

Obie wrote:Well i don't know the details of your case, so cannot recommend.

I can simply say that you should ensure your case is consistent with TA.

Obie, please confirm that by saying I should ensure that my case is consistent with TA (although don't know that meaning of TA).

Do you mean the 'durable relationship' part of the case?

Minimum 2+ years co-habitation etc...