Page 1 of 1

EEA family permit or marriage in UK? Not yet married!

Posted: Wed Jan 24, 2018 7:03 pm
by pietruzzo
Hello everybody,

I have to say I got a bit shocked but perhaps not entirely surprised when I saw that EEA family permit requests have started to be deliberately denied and delayed greatly since mid 2017. Got to read quite few stories during the past few hours.

Anyways, I am an Italian citizen 30 years old working and living in the UK. I have been here for 6 months, I do have a full time permanent work contract and I make £24K per year.

My girlfriend is from Mexico, 29 years old and we lived together in Mexico for two years from 2015 to mid 2017. We have been dating for longer than 4 years and have millions of pictures and witnesses (if needed) to prove that.

We have decided to get married and be together, and this is not just a convenience marriage, rather we feel this is the right time since I have reached a economical stability position and I am sure she can get a good job here since she is a professional business person.

We are supposed to get married in Italy although we don't have a date yet. At this point, given the fact that many EEA family permits are getting delayed and rejected, is there any other route worth trying?

Like, would it be better if we get married in the UK straight up? Or if we get married in Italy as planned, is there a way to apply for something from within the UK even if that means waiting a little longer?

We can certainly trade time and a bit of money if the chances of success are higher than usual EEA family permit route.

Also not sure if relevant and/or helpful. I have got a permanent illness called Pudendal Neuralgia and a petition (in Italian) with over 4000 signs. It is bad, but won't get into details and the petition is to have this illness recognized in Italy. Would this be any advantage since her assistance is badly required?

I am in the process of getting disable status here in the UK but it is a lengthy process and won't be done anytime soon.

If she doesn't get approved I will have to leave everything I have built so far. It is very hard for me to find a company willing to make the proper adjustments for me to work since I am completely unable to sit, not even for a minute.

I apologize for the lengthy thread and any help is very much appreciated.

Thanks

Re: EEA family permit or marriage in UK? Not yet married!

Posted: Wed Jan 24, 2018 8:48 pm
by pietruzzo
Also another thing worth noting. Although we have lived together for two years, we never got any joint bank accounts or even bills together. Will this be an issue for the EEA family permit?

Re: EEA family permit or marriage in UK? Not yet married!

Posted: Wed Jan 24, 2018 9:50 pm
by Richard W
pietruzzo wrote:
Wed Jan 24, 2018 7:03 pm
We are supposed to get married in Italy although we don't have a date yet. At this point, given the fact that many EEA family permits are getting delayed and rejected, is there any other route worth trying?
Unless there are special circumstances, whoever told you that you had to have a family permit is ignorant or lying.

Once you are married, you can fly from Italy to the UK using just your passports, for you are Italian and your girlfriend is Mexican*. At Immigration, you present the evidence you would include with an application for a family permit, and your wife will be admitted with an 'EEA Regulations' stamp in her passport.

*There are exceptions if either of you has been removed or ordered to depart from the UK.

Re: EEA family permit or marriage in UK? Not yet married!

Posted: Wed Jan 24, 2018 11:43 pm
by dan1988uk
pietruzzo wrote:
Wed Jan 24, 2018 7:03 pm
Hello everybody,

I have to say I got a bit shocked but perhaps not entirely surprised when I saw that EEA family permit requests have started to be deliberately denied and delayed greatly since mid 2017. Got to read quite few stories during the past few hours.

Anyways, I am an Italian citizen 30 years old working and living in the UK. I have been here for 6 months, I do have a full time permanent work contract and I make £24K per year.

My girlfriend is from Mexico, 29 years old and we lived together in Mexico for two years from 2015 to mid 2017. We have been dating for longer than 4 years and have millions of pictures and witnesses (if needed) to prove that.

We have decided to get married and be together, and this is not just a convenience marriage, rather we feel this is the right time since I have reached a economical stability position and I am sure she can get a good job here since she is a professional business person.

We are supposed to get married in Italy although we don't have a date yet. At this point, given the fact that many EEA family permits are getting delayed and rejected, is there any other route worth trying?

Like, would it be better if we get married in the UK straight up? Or if we get married in Italy as planned, is there a way to apply for something from within the UK even if that means waiting a little longer?

We can certainly trade time and a bit of money if the chances of success are higher than usual EEA family permit route.

Also not sure if relevant and/or helpful. I have got a permanent illness called Pudendal Neuralgia and a petition (in Italian) with over 4000 signs. It is bad, but won't get into details and the petition is to have this illness recognized in Italy. Would this be any advantage since her assistance is badly required?

I am in the process of getting disable status here in the UK but it is a lengthy process and won't be done anytime soon.

If she doesn't get approved I will have to leave everything I have built so far. It is very hard for me to find a company willing to make the proper adjustments for me to work since I am completely unable to sit, not even for a minute.

I apologize for the lengthy thread and any help is very much appreciated.

Thanks
The fact that EEA Family Permit are DELIBERATELY denied and delayed is an idea of some members of this forum and it's not based on any actual situation.
You can not be married in the UK because you can not apply for a fiancee visa because you are not British or Permanent Resident and I don't think you can get married if she arrives in the UK with a tourist stamp. You can get married in Italy (or in Mexico) and apply straight away for an EEA FP or fly to the UK TOGETHER and ask for a dependent stamp according to the directive.

Re: EEA family permit or marriage in UK? Not yet married!

Posted: Thu Jan 25, 2018 9:22 am
by pietruzzo
Richard W wrote:
Wed Jan 24, 2018 9:50 pm
pietruzzo wrote:
Wed Jan 24, 2018 7:03 pm
We are supposed to get married in Italy although we don't have a date yet. At this point, given the fact that many EEA family permits are getting delayed and rejected, is there any other route worth trying?
Unless there are special circumstances, whoever told you that you had to have a family permit is ignorant or lying.

Once you are married, you can fly from Italy to the UK using just your passports, for you are Italian and your girlfriend is Mexican*. At Immigration, you present the evidence you would include with an application for a family permit, and your wife will be admitted with an 'EEA Regulations' stamp in her passport.

*There are exceptions if either of you has been removed or ordered to depart from the UK.
Hello Richard W, thanks for stepping in. I went to Citizens Advice two days ago and I was told she will need to Apply for a EEA family permit from outside the UK and once married. Also this seems to be in line with my findings but I could be totally wrong.

I was never ordered removal from the UK and my girlfriend has never been to the UK before. So no there is no particular situation from this side.

Basically from what I understood she needs to apply for a EEA family permit from outside the UK so that once approved she can join me in the UK and request a Residence Card so she can legally work and live here, at least on a temporary basis.

Is this wrong? If I got your point you are saying that after married in Italy we can come together in the UK and she can apply for a family permit right at the UK Immigration at the airport? Or what is it rather. Also, will she be able to request a Residency Card after this? Or any sort of status that allows her to work.

I am sorry but I am very confused and I couldn't sleep well at night because of this.

Thanks

Re: EEA family permit or marriage in UK? Not yet married!

Posted: Thu Jan 25, 2018 9:29 am
by pietruzzo
dan1988uk wrote:
Wed Jan 24, 2018 11:43 pm

The fact that EEA Family Permit are DELIBERATELY denied and delayed is an idea of some members of this forum and it's not based on any actual situation.
You can not be married in the UK because you can not apply for a fiancee visa because you are not British or Permanent Resident and I don't think you can get married if she arrives in the UK with a tourist stamp. You can get married in Italy (or in Mexico) and apply straight away for an EEA FP or fly to the UK TOGETHER and ask for a dependent stamp according to the directive.
Thanks for clarifying this up. This is a real marriage, and I need to keep this job badly as this is the first company that has invested time and money in order to make the adjustments needed for me to work almost pain free. This is my only concern.

Also, could you please explain this "dependent stamp" we would request at the airport? Will she be able to request the Residency Card if she enters the UK that way?

If you have anything for me to read, please let me know. I would also need to know the requirements needed for this "dependent stamp" route.

Thanks

Re: EEA family permit or marriage in UK? Not yet married!

Posted: Thu Jan 25, 2018 12:42 pm
by dan1988uk
pietruzzo wrote:
Thu Jan 25, 2018 9:29 am
dan1988uk wrote:
Wed Jan 24, 2018 11:43 pm

The fact that EEA Family Permit are DELIBERATELY denied and delayed is an idea of some members of this forum and it's not based on any actual situation.
You can not be married in the UK because you can not apply for a fiancee visa because you are not British or Permanent Resident and I don't think you can get married if she arrives in the UK with a tourist stamp. You can get married in Italy (or in Mexico) and apply straight away for an EEA FP or fly to the UK TOGETHER and ask for a dependent stamp according to the directive.
Thanks for clarifying this up. This is a real marriage, and I need to keep this job badly as this is the first company that has invested time and money in order to make the adjustments needed for me to work almost pain free. This is my only concern.

Also, could you please explain this "dependent stamp" we would request at the airport? Will she be able to request the Residency Card if she enters the UK that way?

If you have anything for me to read, please let me know. I would also need to know the requirements needed for this "dependent stamp" route.

Thanks
Simply arrive to the UK border with your wife, your certificate of marriage and the proof that you are a qualified person in the UK and ask for her to be admitted as spouse or EEA citizen.
Once in the UK apply for her Residence card normally, but since she doesn’t have the Family permit they will need to do more checks and it might take longer.

Re: EEA family permit or marriage in UK? Not yet married!

Posted: Thu Jan 25, 2018 2:26 pm
by pietruzzo
dan1988uk wrote:
Thu Jan 25, 2018 12:42 pm
pietruzzo wrote:
Thu Jan 25, 2018 9:29 am
dan1988uk wrote:
Wed Jan 24, 2018 11:43 pm

The fact that EEA Family Permit are DELIBERATELY denied and delayed is an idea of some members of this forum and it's not based on any actual situation.
You can not be married in the UK because you can not apply for a fiancee visa because you are not British or Permanent Resident and I don't think you can get married if she arrives in the UK with a tourist stamp. You can get married in Italy (or in Mexico) and apply straight away for an EEA FP or fly to the UK TOGETHER and ask for a dependent stamp according to the directive.
Thanks for clarifying this up. This is a real marriage, and I need to keep this job badly as this is the first company that has invested time and money in order to make the adjustments needed for me to work almost pain free. This is my only concern.

Also, could you please explain this "dependent stamp" we would request at the airport? Will she be able to request the Residency Card if she enters the UK that way?

If you have anything for me to read, please let me know. I would also need to know the requirements needed for this "dependent stamp" route.

Thanks
Simply arrive to the UK border with your wife, your certificate of marriage and the proof that you are a qualified person in the UK and ask for her to be admitted as spouse or EEA citizen.
Once in the UK apply for her Residence card normally, but since she doesn’t have the Family permit they will need to do more checks and it might take longer.
Thanks for you help once again. At least I am glad I have a second option now. What would you do if you were in our situation? Would it be better to go for the dependent stamp at the airport? Or rather give the EEA permit a try first?

The fact that it will take longer it is not a big deal. We have been apart for 6 months now and I don't want to have to leave her all alone in Italy, especially since she doesn't speak the language.

And if they will want to interview us together here in the UK, I really don't have any issue with that.

Re: EEA family permit or marriage in UK? Not yet married!

Posted: Thu Jan 25, 2018 2:49 pm
by dan1988uk
pietruzzo wrote:
Thu Jan 25, 2018 2:26 pm
dan1988uk wrote:
Thu Jan 25, 2018 12:42 pm
pietruzzo wrote:
Thu Jan 25, 2018 9:29 am
dan1988uk wrote:
Wed Jan 24, 2018 11:43 pm

The fact that EEA Family Permit are DELIBERATELY denied and delayed is an idea of some members of this forum and it's not based on any actual situation.
You can not be married in the UK because you can not apply for a fiancee visa because you are not British or Permanent Resident and I don't think you can get married if she arrives in the UK with a tourist stamp. You can get married in Italy (or in Mexico) and apply straight away for an EEA FP or fly to the UK TOGETHER and ask for a dependent stamp according to the directive.
Thanks for clarifying this up. This is a real marriage, and I need to keep this job badly as this is the first company that has invested time and money in order to make the adjustments needed for me to work almost pain free. This is my only concern.

Also, could you please explain this "dependent stamp" we would request at the airport? Will she be able to request the Residency Card if she enters the UK that way?

If you have anything for me to read, please let me know. I would also need to know the requirements needed for this "dependent stamp" route.

Thanks
Simply arrive to the UK border with your wife, your certificate of marriage and the proof that you are a qualified person in the UK and ask for her to be admitted as spouse or EEA citizen.
Once in the UK apply for her Residence card normally, but since she doesn’t have the Family permit they will need to do more checks and it might take longer.
Thanks for you help once again. At least I am glad I have a second option now. What would you do if you were in our situation? Would it be better to go for the dependent stamp at the airport? Or rather give the EEA permit a try first?

The fact that it will take longer it is not a big deal. We have been apart for 6 months now and I don't want to have to leave her all alone in Italy, especially since she doesn't speak the language.

And if they will want to interview us together here in the UK, I really don't have any issue with that.
Apply for her from Italy, my wife got her FP in Italy in 7 working days.

Re: EEA family permit or marriage in UK? Not yet married!

Posted: Thu Jan 25, 2018 5:00 pm
by pietruzzo
dan1988uk wrote:
Thu Jan 25, 2018 2:49 pm
pietruzzo wrote:
Thu Jan 25, 2018 2:26 pm
dan1988uk wrote:
Thu Jan 25, 2018 12:42 pm
pietruzzo wrote:
Thu Jan 25, 2018 9:29 am


Thanks for clarifying this up. This is a real marriage, and I need to keep this job badly as this is the first company that has invested time and money in order to make the adjustments needed for me to work almost pain free. This is my only concern.

Also, could you please explain this "dependent stamp" we would request at the airport? Will she be able to request the Residency Card if she enters the UK that way?

If you have anything for me to read, please let me know. I would also need to know the requirements needed for this "dependent stamp" route.

Thanks
Simply arrive to the UK border with your wife, your certificate of marriage and the proof that you are a qualified person in the UK and ask for her to be admitted as spouse or EEA citizen.
Once in the UK apply for her Residence card normally, but since she doesn’t have the Family permit they will need to do more checks and it might take longer.
Thanks for you help once again. At least I am glad I have a second option now. What would you do if you were in our situation? Would it be better to go for the dependent stamp at the airport? Or rather give the EEA permit a try first?

The fact that it will take longer it is not a big deal. We have been apart for 6 months now and I don't want to have to leave her all alone in Italy, especially since she doesn't speak the language.

And if they will want to interview us together here in the UK, I really don't have any issue with that.
Apply for her from Italy, my wife got her FP in Italy in 7 working days.
Oh I am glad she got it. When was this if you don't mind me asking? Was it before or after the Brexit election?

Also, do you know what sort of documents we will need to provide other than pictures, her and my passport, marriage certificate, my payslips and work contract, as well as house contract?

Will we be asked to provide any join bank accounts or utility bills together? Because this is the only part that we don't have I guess.

Thanks

Re: EEA family permit or marriage in UK? Not yet married!

Posted: Thu Jan 25, 2018 5:03 pm
by dan1988uk
pietruzzo wrote:
Thu Jan 25, 2018 5:00 pm
dan1988uk wrote:
Thu Jan 25, 2018 2:49 pm
pietruzzo wrote:
Thu Jan 25, 2018 2:26 pm
dan1988uk wrote:
Thu Jan 25, 2018 12:42 pm

Simply arrive to the UK border with your wife, your certificate of marriage and the proof that you are a qualified person in the UK and ask for her to be admitted as spouse or EEA citizen.
Once in the UK apply for her Residence card normally, but since she doesn’t have the Family permit they will need to do more checks and it might take longer.
Thanks for you help once again. At least I am glad I have a second option now. What would you do if you were in our situation? Would it be better to go for the dependent stamp at the airport? Or rather give the EEA permit a try first?

The fact that it will take longer it is not a big deal. We have been apart for 6 months now and I don't want to have to leave her all alone in Italy, especially since she doesn't speak the language.

And if they will want to interview us together here in the UK, I really don't have any issue with that.
Apply for her from Italy, my wife got her FP in Italy in 7 working days.
Oh I am glad she got it. When was this if you don't mind me asking? Was it before or after the Brexit election?

Also, do you know what sort of documents we will need to provide other than pictures, her and my passport, marriage certificate, my payslips and work contract, as well as house contract?

Will we be asked to provide any join bank accounts or utility bills together? Because this is the only part that we don't have I guess.

Thanks
It was on February 2017, while my wife’s daughter got her FP last month (after 14 working days). You don’t have to provide any joint account because she is joining you in the UK, just sorte a cover letter stating that you will provide her needs as long as necessary.

Re: EEA family permit or marriage in UK? Not yet married!

Posted: Thu Jan 25, 2018 8:49 pm
by Richard W
dan1988uk wrote:
Thu Jan 25, 2018 2:49 pm
Apply for her from Italy, my wife got her FP in Italy in 7 working days.
That would be a very good result nowadays - see https://visa-processingtimes.homeoffice ... -italy/all .

Re: EEA family permit or marriage in UK? Not yet married!

Posted: Thu Jan 25, 2018 9:54 pm
by dan1988uk
Richard W wrote:
Thu Jan 25, 2018 8:49 pm
dan1988uk wrote:
Thu Jan 25, 2018 2:49 pm
Apply for her from Italy, my wife got her FP in Italy in 7 working days.
That would be a very good result nowadays - see https://visa-processingtimes.homeoffice ... -italy/all .
Well, my stepdaughter got it from Manila in 14 working days last 3rd of January... https://visa-processingtimes.homeoffice ... ly-permits