two application to HO at the same time? non EEA marrying EEA national...HELP PLEASE

[chiccanovenni]

Hi,

I am an Italian citizen. been living in UK for the past 6 years, studied here, and working full time now.
I am about to get married to my non-EEA national fiance'. The only issue is that he came to the UK 8 years ago with a student visa, at the end of his degree he applied for a entrepreneur visa staying in the UK (2015), he has been refused the visa with the right to appeal. He has been refused the visa because his lawyer messed up his statements, so he has appealed and been waiting for a hearing date for a long time. However, he has received an acknowledgement letter of his appeal, stating that he has no right to work at the moment, and he has to wait for the hearing date, etc... We have now decided to get married.

What type of questions will the registry office ask when we go to give our marriage notice?
Does he have to request his passport back to give notice of marriage or can he just present them with the HO letter with reference number of his case?
Can they deport him because he wants to marry an EEA national, even if he has a case pending?
After we get married can we apply for EEA RC while we wait for a hearing date for his pending case?
And can we apply for EEA RC with only islamic marriage certificate, or we must go through civil marriage (in case we decide not to have civil marriage)?


I know I am asking a lot, but I am just scared of what these people can do.

[Casa]

Hi,

I am an Italian citizen. been living in UK for the past 6 years, studied here, and working full time now.
I am about to get married to my non-EEA national fiance'. The only issue is that he came to the UK 8 years ago with a student visa, at the end of his degree he applied for a entrepreneur visa staying in the UK (2015), he has been refused the visa with the right to appeal. He has been refused the visa because his lawyer messed up his statements, so he has appealed and been waiting for a hearing date for a long time. However, he has received an acknowledgement letter of his appeal, stating that he has no right to work at the moment, and he has to wait for the hearing date, etc... We have now decided to get married.

What type of questions will the registry office ask when we go to give our marriage notice? You can only give notice to marry at a Home Office designated Registry Office. The Registrar is then legally bound to notify the HO who can then extend the notification period from 28 to 70 days in order to interview you both separately before the wedding can go ahead, should they choose to do so.
Does he have to request his passport back to give notice of marriage or can he just present them with the HO letter with reference number of his case? You will both need your passports to register to marry. The HO may not return your fiance's passport.
Can they deport him because he wants to marry an EEA national, even if he has a case pending? Not for this reason.
After we get married can we apply for EEA RC while we wait for a hearing date for his pending case?You will need his passport for the application
And can we apply for EEA RC with only islamic marriage certificate, or we must go through civil marriage (in case we decide not to have civil marriage)? No, as an Islamic marriage isn't recognised under British law. Are you living together and if so, for how long?


I know I am asking a lot, but I am just scared of what these people can do.

[chiccanovenni]

Hi,

I am an Italian citizen. been living in UK for the past 6 years, studied here, and working full time now.
I am about to get married to my non-EEA national fiance'. The only issue is that he came to the UK 8 years ago with a student visa, at the end of his degree he applied for a entrepreneur visa staying in the UK (2015), he has been refused the visa with the right to appeal. He has been refused the visa because his lawyer messed up his statements, so he has appealed and been waiting for a hearing date for a long time. However, he has received an acknowledgement letter of his appeal, stating that he has no right to work at the moment, and he has to wait for the hearing date, etc... We have now decided to get married.

What type of questions will the registry office ask when we go to give our marriage notice? You can only give notice to marry at a Home Office designated Registry Office. The Registrar is then legally bound to notify the HO who can then extend the notification period from 28 to 70 days in order to interview you both separately before the wedding can go ahead, should they choose to do so.
Does he have to request his passport back to give notice of marriage or can he just present them with the HO letter with reference number of his case? You will both need your passports to register to marry. The HO may not return your fiance's passport.
Can they deport him because he wants to marry an EEA national, even if he has a case pending? Not for this reason.
After we get married can we apply for EEA RC while we wait for a hearing date for his pending case?You will need his passport for the application
And can we apply for EEA RC with only islamic marriage certificate, or we must go through civil marriage (in case we decide not to have civil marriage)? No, as an Islamic marriage isn't recognised under British law. Are you living together and if so, for how long?


I know I am asking a lot, but I am just scared of what these people can do.

Thank you for all your answers!
At the moment we are not living together, we intend to do it when we do our Islamic marriage + big wedding party.
What can we do if HO decides not to return his passport? Does it happen a lot? He's been waiting for a hearing date for so long that is why we decided non to wait anymore and just get married..
If HO does return the passport and we manage to get our civil ceremony done as well, in that case can we apply for EEA RC while waiting for his case date hearing ?

[aarshad01]

Yes you can apply for RC as long as you are married under civil marriage also if you both live together as a partner for 3 years you can apply on that aswell but since youre not living together its wouldnt work for you....

[Casa]

Yes you can apply for RC as long as you are married under civil marriage also if you both live together as a partner for 3 years you can apply on that aswell but since youre not living together its wouldnt work for you....

2 years as an unmarried partner, not 3.

[aarshad01]

Yes you can apply for RC as long as you are married under civil marriage also if you both live together as a partner for 3 years you can apply on that aswell but since youre not living together its wouldnt work for you....

2 years as an unmarried partner, not 3.

Thank you for correction

[chiccanovenni]

Yes you can apply for RC as long as you are married under civil marriage also if you both live together as a partner for 3 years you can apply on that aswell but since youre not living together its wouldnt work for you....

Thanks
No we are not going to love together until we hold our Islamic marriage.
However, I called the registry today just to see what they say and I have one more concern now.

My fiancé's passport expired while his case is on appeal and passport is with HO. Does it mean he can apply for a new passport at the embassy and present that one for the civil marriage? And given that he gets a new passport does he still need to require a certified passport copy of the one HO is holding ?

[aarshad01]

well,if there is a will, there is a way....these question need to be asked, when you called to registry. he is legal until his case with HO, and i am sure there are alot of forum still to be absorbed. even HO refused his application.