Can I apply online in UK, then go to Visa Centre outside UK?

[albertofrombrasil]

I am a non-EU citizen (Brazilian). In Nov 2016 I came to the UK on a Visitor Visa to visit my EU girlfriend (we have been together for over 2 years - 1 yr presencial, 1 yr long distance). Our initial plan was for me to live with her in the UK for 6 months, however in January 2017, we decided to get married. We gave notice, received OK from Home Office and got married last week.

In a couple of weeks I am going to Amsterdam, and I'll take the opportunity to request my EEA FP at the UK Visa Application Centre there. That way I can then reenter the UK with my EEA FP, join my wife and continue living with her.

My question is: Can they refuse my EEA FP because I got married on a Visitor Visa, even though that was not my original intention? (I understand they shouldn't in principle; however I'd like to know if there are any real cases of refusal letters mentioning this)

PS: I'm also concerned because I'll be applying for the EEA FP on the same month of my wedding, which might raise suspicion of a sham marriage, which is not the case. Me and my wife had 2 years of relationship before my recent arrival in the UK on November 2016 - we dated one year while I was in the UK, on a Tier4 research visa; and then one year as a long distance relationship. I will, of course, explain all of that in my cover letter, and provide an Evidence of Relationship.

[YOZ]

No, marriage while on visitor visa is absolutely legal. That's how me and my wife got married and there was no problem at all in obtaining Family Permit. I believe that you don't even need to apply for FP as long as you stay in the UK and apply for Residence card straight away. As long as you are legally married and you will be able to prove that it's not a sham marriage you have a right to reside with your spouse in the UK. But having FP is useful as you can reenter UK and while waiting for Residence card.

[albertofrombrasil]

Thank you YOZ!

Yes, I understand it's legal... However I'm still a little concerned, since read in many places that an EEA FP application made right after a marriage may be seen as suspicious.

Regarding what you said about applying directly for a RC, I did read something about that. However I wanted to avoid being in the UK with an expired Visitor Visa. Specially in case something went wrong, and I had to return to Brasil for some reason...

[YOZ]

It will obviously be suspicious, but if it was too suspicious they wouldn't allow a marriage or arrest you before the ceremony. Once you get out of the UK it will be up to them whether to let you in or not and you will need to actually explain why did you leave your spouse and travel to Amsterdam, because genuine couples should reside together and they will need a proof of that. RC seems only logical to me and even that is technically not necessary as Gov. website says 'You don’t need to apply for a residence card as a family member, but it can help you...' let alone FM. So you are not overstaying (btw I thought you don't need a visa if you are Brazilian national), and you are free to leave the country anytime, but in order to return you will need a FM. We filed FM application (with more than 60 photos together and logs of facetime calls) 7 month after marriage from outside the UK and got it in 3 weeks, but we had to wait for RC for 7 month and had a home visit by HO, although we had known each other for 5 years by then. So if you apply for RC prepare to stay in the UK for at least 6 month without possibility to open bank account, but you might have a chance to get a job if you will receive 'Certificate of application' with right to work after applying for RC.

[albertofrombrasil]

Yes, I'll clearly state that as soon as I am granted my EEA FP, I will return to the UK to join my wife.

Actually, she will visit me in Amsterdam for a couple of days while I'm there waiting for my visa. Should I mention this in my application?

You mentioned I won't be able to open a bank account before I get my RC. I didn't know that (I can't find any info on that in the forums or elsewhere online). It's weird, since I know that a non-EU family member with EEA FP is allowed to work even before getting an RC (or even the CoA). Does this mean they need to get payed in cash meanwhile? (Or is it possible to have a bank account with the CoA? - My plan is to request the RC as soon as I return to the UK anyways.)

[YOZ]

Yes, you should mention it and give as many details as you can. As to the bank account, you will be able to open it with FP, but if you apply for RC straight away they won't open it for you because your visa will be expired. With FP and a proof of address it should be fine, but the latter is the most difficult to get. I'm not sure you will be able to get employer to pay you in cash, but in this case you can ask them to pay you with cheques in your wife's name, provided she got a bank account. Bank won't accept COA as a visa, believe me. We tried more than 30 times with all possible banks
Hopefully you will get your FP and the rest without much hustle!

[albertofrombrasil]

I will apply soon for an EEA Family Permit. Right now I am in the UK. I will travel to Amsterdam to apply in the Visa Centre there, since I understand I need to be outside the UK to do this.
Source: https://www.gov.uk/family-permit/apply

My question is: what part of the application process needs to actually be done outside of the UK? Is it only the Visa Centre appointment (for biometrics and collection of documents)?

In other words, can I do the online portion of the application from inside the UK (ie., submit the application at the visa4uk website, and booking the appointment at the Amsterdam Visa Centre website)? That way I would know my appointment date before travelling to Amsterdam.

(Note that they can easily tell if I submitted my online application from within the UK by comparing it with the date in the stamp in my passport showing when I last left the country.)

It seems to me it should be allowed. However, I don't want to risk it. Specially because on the link I mention above they do state that (1) "You must apply online for an EEA family permit." and (2) "You must be outside the UK to apply."

Any help would be appreciated! (If possible, please provide links to official info)

[albertofrombrasil]

I noticed that my last new post was moved into a previous post I made. I thought that, since it is a new topic, it should be made as a new post (otherwise it wouldn't be visible as a new topic on the EEA forum). I apologize if I didn't properly follow the forum guidelines!