EEA FP for my fiancé

[enrfre]

Hi Newbie here... I was born in Spain, moved to uk in early 90s and been here since, I met my fiancé(from India) in early 2010 online and we got closer and fell in love, I have 2 kids from previous relationship, I am currently on Benefits but have worked before in uk.. we finally met in real for first time last year in India, in my 2nd visit we tried to get married but were unable to...

Recently found out that we can do EEA family permit application for him and we can get married in Uk during those 6 months of permit, with no income requirement and I can continue my benefits we were together for 4 months in India in different visits I met his family and we had an engagement party where I met all his relatives. Can he go ahead with his application? Do we meet all the requirements?

Thanks in Advance

[Casa]

There is no provision for a fiance visa under EEA regulations. Also you wouldn't be considered to be in a 'durable relationship' for an extended family permit, as this would require evidence of living in a relationship 'akin to marriage'. You can't apply for a 6 month fiance visa under UK rules as you are here under EEA regulations. An added problem, if you were to marry you would be unable to sponsor him as a family member as at present you're on benefits and are not 'exercising your treaty rights'.

[enrfre]

and If I worked full time 3 months?

[Casa]

If you were married, yes. But you would need to still be in employment when his EEA2 application is processed.

[enrfre]

thanks for quick responses, I will look into getting married then.... any chance u know how can I get the certificate of no impediment from spain, as this missing certificate stopped us from getting married and UK doesnt issue these anymore

[Obie]

Casa, it may well be the Case that this OP might be able to sponsor his fiancee.

He said he has been here since the 90s, and if it can be proven, that he has been working or exercising treaty rights over all this period, then subject to him meeting the 18600 earning requirements, there is every possibility that he may be able to sponsor his fiancee.

I say this because, he appear to have acquired the right of Permanent Residence, and therefore in the eyes of the law , he may be a settled person.

[enrfre]

18600 financial requirement is too much for me as I live in a small village and I have 2 kids, I am struggling to even find minimum wage full time work here

[Obie]

Well it follows that notwithstanding the fact that you may meet the present and settled requirement, you will not meet the financial requirement.

The best thing to do it to get married and apply for an EEA family permit, which is more cost effective.

[Casa]

This link give you information on a Certificado de No Impedimento.
https://www.gov.uk/government/uploads/s ... ebsite.pdf

I haven't read through it thoroughly but hopefully it will point you in the right direction. If you're still stuck, I suggest to you contact a gestoría in Spain to apply for it on your behalf.

[enrfre]

So I will get that certificate from British Embassy in Spain?

[Casa]

Contact the Spanish embassy in London.

[enrfre]

thanks a lot both for your help