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UK Marriage Visitor Visa -> SS EEA Family Permit

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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sadmanonatrain
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UK Marriage Visitor Visa -> SS EEA Family Permit

Post by sadmanonatrain » Sun Apr 17, 2016 1:00 pm

Hello kind strangers of the internet. If anyone would be so kind as to help me below:

I'd essentially like to know if using this visa to get married in the UK has ANY negative effect on an application for a SS EEA family permit to permanently live in the UK? (After having hopefully qualified by exercising treaty rights in an EU country). Because this Marriage Visitor Visa likes to make clear on the fact that you'll both be leaving the UK and don't intend on living there.

In addition, I'd like to please know more details on the requirements for this visa in general. The gov.uk website is vague and gives no examples that I can see:

"You must prove that you’re:

- free to give notice of marriage, to marry or enter into a civil partnership in the UK within 6 months of your arrival OK so would kind of evidence? We've both never been married before so...?

- in a genuine relationship Ermm yep we are. Rental agreements? photos?

- visiting the UK for less than 6 months + leaving the UK at the end of your visit + proof of your future plans for the relationship, eg documents to show where you’ll live" How can we prove this? By having a flight/job/apartment to and in Ireland already pre-booked? That's asking a lot.

The one's below confuse me the most:

"You can also supply the following to support your application: You 'can'? In other-words should?

- details of the marriage or civil partnership and proof that you’ve paid money for some of its costs How can you arrange a marriage if it's not registered? Or does an engagement ring count?

- proof that you have given notification of marriage to the register office in England and Wales, Scotland or Northern Ireland" I thought you could only register a marriage after having lived in the county/country for 7 days? Is that not a contradiction?

Is all the above mandatory? What do most people get away with?

Thank you for any help.
Cheers.

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Casa
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Re: UK Marriage Visitor Visa -> SS EEA Family Permit

Post by Casa » Sun Apr 17, 2016 1:14 pm

How are you going to show ties to your home country as evidence that you won't overstay your Marriage Visitor visa? Where are you both living at the moment?
It would have helped if you'd continued in your original thread:
http://www.immigrationboards.com/immigr ... l#p1333638
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

noajthan
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Re: UK Marriage Visitor Visa -> SS EEA Family Permit

Post by noajthan » Sun Apr 17, 2016 1:17 pm

Related question to keep an eye on:
http://www.immigrationboards.com/eea-ro ... l#p1335924
All that is gold does not glitter; Not all those who wander are lost. E&OE.

sadmanonatrain
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Joined: Sat May 23, 2015 4:38 pm
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Re: UK Marriage Visitor Visa -> SS EEA Family Permit

Post by sadmanonatrain » Sun Apr 17, 2016 1:47 pm

Casa - I'm sorry about the additional thread. It probably didn't warrant a new one that excludes all the backstory.

Apologies (It's late, we're in New Zealand) - but I don't understand your question regarding ties to your home country etc What requirement are you referencing - All I know is we wouldn't be overstaying as we wouldn't be allowed to.

noajthan - That thread is very interesting. It is related but not entirely so as we'll be away for up to a year in an EU country. But.. I doubt a cool off period has any effect... so it is related. Judging from what's said in the thread it doesn't sound like a good idea taking our current trajectory. Though officially, as you say, deceit doesn't hold water in rejecting a family permit. Is that 100% fact?

Can other visas like student or working holiday help us in getting married in the UK without deceiving anyone or having a marriage of convenience?

Man it's sad having to drastically alter our life plans all around visas every other week. Looks like we'll be getting married outside the UK! Japan here we come!!...

noajthan
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Re: UK Marriage Visitor Visa -> SS EEA Family Permit

Post by noajthan » Sun Apr 17, 2016 1:51 pm

sadmanonatrain wrote:...

noajthan - That thread is very interesting. It is related but not entirely so as we'll be away for up to a year in an EU country. But.. I doubt a cool off period has any effect... so it is related. Judging from what's said in the thread it doesn't sound like a good idea taking our current trajectory. Though officially, as you say, deceit doesn't hold water in rejecting a family permit. Is that 100% fact?
The other post relates to obtaining a RC after a marriage visa was used to marry; those people are in UK so don't need a FP.

However, my understanding is, a FP is issued under UK law as it's a form of UK entry visa.

Here's a thread about a couple with 7 years of marriage under their belt and just refused a FP:
http://www.immigrationboards.com/eea-ro ... 07507.html

Hence my suspicion that HO plays hard ball or at least fast and loose in these cases.
Forewarned is forearmed.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Casa
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Re: UK Marriage Visitor Visa -> SS EEA Family Permit

Post by Casa » Sun Apr 17, 2016 2:10 pm

People often do things they're not allowed to, which makes HO Case Workers suspicious if the applicant isn't able to submit strong evidence of home ties showing they have a greater reason to leave the UK after the marriage without overstaying their visa, than they have to remain in the UK.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

sadmanonatrain
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Re: UK Marriage Visitor Visa -> SS EEA Family Permit

Post by sadmanonatrain » Sun Apr 17, 2016 2:18 pm

noajthan wrote:
Forewarned is forearmed.
Being - avoid going or doing anything that makes you look suspicious?

You guys must be getting paid for all the information you pass along. That thread alone is a testament to your generosity in knowledge. But all the trouble they've gone through only partly relates to us - only if we go forward with the visitor visa right?

Getting married elsewhere essentially puts us on a clean platform for the SS EEA FP. As it's irrespective of when and where the marriage took place right?

It's very anecdotal but I was part of a popular forum for people wanting to teach English in Japan. Stay with me; And on the forum there we're confirmed cases of sleeper agents of prospective schools lurking in the forum and essentially catching people talking sh*t or similarly to here, using school sponsorship as a way into Japan via a work visa and then dumping the school. Has this every happened here?

secret.simon
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Re: UK Marriage Visitor Visa -> SS EEA Family Permit

Post by secret.simon » Sun Apr 17, 2016 2:45 pm

sadmanonatrain wrote:Man it's sad having to drastically alter our life plans all around visas every other week.
Call me cold and cynical, but I had to plan the whole of the past ten years of my life entirely around the Immigration Rules. It was my choice about the direction of travel in my life and I followed the rules to get to where I wanted.

I suppose that is what puzzles me about most people on these forums. Given that these are journeys that would affect not just yourselves, but your whole families, how do they go through the journey without any forethought or planning or learning the rules? And then they scream human rights at the drop of a hat when they get into trouble. RTFM honestly.
sadmanonatrain wrote:You guys must be getting paid for all the information you pass along.
Even a penny per post would be a nice payback, but no, we are all volunteers on these forums. Indeed, given that the moderators get quite a bit of negative feedback for just doing their job, some praise does go a long way.
sadmanonatrain wrote:Getting married elsewhere essentially puts us on a clean platform for the SS EEA FP. As it's irrespective of when and where the marriage took place right?
Correct. Much better to be married elsewhere and start the journey as a married couple in the EU. I think you mentioned you were in New Zealand. Why not get married there? The Christchurch Cardboard Cathedral would be a lovely venue, especially if your significant other is Japanese (guessing from the fact that if not the UK, you wanted to marry in Japan).
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

noajthan
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Re: UK Marriage Visitor Visa -> SS EEA Family Permit

Post by noajthan » Sun Apr 17, 2016 3:01 pm

sadmanonatrain wrote:
noajthan wrote:
Forewarned is forearmed.
Being - avoid going or doing anything that makes you look suspicious?

You guys must be getting paid for all the information you pass along. That thread alone is a testament to your generosity in knowledge. But all the trouble they've gone through only partly relates to us - only if we go forward with the visitor visa right?

Getting married elsewhere essentially puts us on a clean platform for the SS EEA FP. As it's irrespective of when and where the marriage took place right?

It's very anecdotal but I was part of a popular forum for people wanting to teach English in Japan. Stay with me; And on the forum there we're confirmed cases of sleeper agents of prospective schools lurking in the forum and essentially catching people talking sh*t or similarly to here, using school sponsorship as a way into Japan via a work visa and then dumping the school. Has this every happened here?
It's just an English expression isn't it; be prepared could be another way to look at it.

Yes, not abusing a UK marriage or visit visa (or UK Immigration Regulations in general) will help you to not fall foul of 'good character' checks for naturalistion; (based on current requirements).

Always a good idea to listen out for the sickening screech of moving goalposts though.

As to who comes and goes on this board - how would anyone of us know who anyone else is (or is not)?!
All that is gold does not glitter; Not all those who wander are lost. E&OE.

sadmanonatrain
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Re: UK Marriage Visitor Visa -> SS EEA Family Permit

Post by sadmanonatrain » Sat May 21, 2016 10:45 am

Hi again,

Would anyone know of/have the link to what I think was an official 'guide' or list of examples of SS EEA Family Permit situations? Specifically detailing the centre of life requirement.

I think it was of uk gov origin. I specifically remember it because it gave an example of someone staying in France for like 3 months in a hotel, returning to the UK on the weekends etc as a what not to do.

Deep cut but I cannot find it :S

noajthan
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Re: UK Marriage Visitor Visa -> SS EEA Family Permit

Post by noajthan » Sat May 21, 2016 10:54 am

sadmanonatrain wrote:Hi again,

Would anyone know of/have the link to what I think was an official 'guide' or list of examples of SS EEA Family Permit situations? Specifically detailing the centre of life requirement.

I think it was of uk gov origin. I specifically remember it because it gave an example of someone staying in France for like 3 months in a hotel, returning to the UK on the weekends etc as a what not to do.

Deep cut but I cannot find it :S
This inside information/HO guidance will help you get into the head of the caseworker weighing up and assessing centre of life:
See https://www.gov.uk/government/uploads/s ... _Singh.pdf

& https://www.gov.uk/government/uploads/s ... dacted.pdf

- enjoy.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

sadmanonatrain
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Posts: 54
Joined: Sat May 23, 2015 4:38 pm
United Kingdom

Re: UK Marriage Visitor Visa -> SS EEA Family Permit

Post by sadmanonatrain » Sun May 22, 2016 12:22 am

Those are exactly the ones! I'll enjoy them as much as humanely possible.. Thanks.

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