EEA Fiancee lives in UK, What visa i need?

[wilsonwkz]

Hi everybody,

To make thing clear i would like to highlight my fiancee and my background.

I am Malaysian and graduated in UK on last year.
My fiancee is Romanian who lives in UK for more than 5 years.

Now my question is what visa should i apply if we want to get married in UK.

Is it i should apply for fiancee visa in UK and then EEA(FM)

or

i could apply for fiancee visa and then spouse visa

because technically she is not British and I do not think I should apply for spouse visa. Please correct me if i were wrong.

[Richard W]

If you intend to live together in the UK and she has permanent residence in the UK, you should apply for a fiancé visa and then a residence card under the EEA Regulations. The key point for the visa is that she would be a settled person, and that is the basis for the visa.

[Casa]

A fiance visa application can only be submitted outside of the UK. Neither can you combine settlement routes under the UK Immigration Rules
with EEA Regulations.

[wilsonwkz]

Guys thanks for the replies.

I have found some information. So basically what I can do is my fiancée is going to visit me in Singapore(I’m working in Singapore) in December. We will get married in Singapore and I will apply EEA family permit outside the uk.

Please tell me if this works!

[Richard W]

A fiance visa application can only be submitted outside of the UK.

I overlooked that point - I was forgetting that Malaysians aren't visa nationals.

If the OP is still in the UK, he should be considering marrying in Denmark or Malaysia. As we overlapped, let me remark that Singapore is perfectly OK.

Neither can you combine settlement routes under the UK Immigration Rules
with EEA Regulations.

How not? What cannot be combined is time towards the 5 year threshold. One can always switch to the EEA Regulations (assuming Brexit is cancelled). In particular, no time accrues under the fiancé visa, so nothing is lost. Indeed, back before settled status was needed, I can remember a Spanish girl marrying her Malaysian boyfriend who came over on a fiancé visa and him applying for a residence card because it was quicker than FLR(M).

[Richard W]

I have found some information. So basically what I can do is my fiancée is going to visit me in Singapore(I’m working in Singapore) in December. We will get married in Singapore and I will apply EEA family permit outside the uk.

The family permit system is currently severely broken - currently a 4 month wait from Singapore. You should give serious consideration to just flying back to the UK with your wife. (I assume you will get a marriage certificate promptly - Singapore has a reputation for efficiency.)

[wilsonwkz]

I have found some information. So basically what I can do is my fiancée is going to visit me in Singapore(I’m working in Singapore) in December. We will get married in Singapore and I will apply EEA family permit outside the uk.

The family permit system is currently severely broken - currently a 4 month wait from Singapore. You should give serious consideration to just flying back to the UK with your wife. (I assume you will get a marriage certificate promptly - Singapore has a reputation for efficiency.)

What can I do after I go back to uk with my marriage certificate? I mean as in going back with which visa.

How can we check it is 4 month wait from Singapore?

[wilsonwkz]

Get a visa if you’re outside the UK
The application process is different depending on your partner’s circumstances.

If your partner is from the UK or settled in the UK
Apply for a family of a settled person visa (eg, as a fiancé, fiancée or proposed civil partner) if you intend to stay in the UK for more than 6 months.

Apply for a Marriage or Civil Partnership Visitor visa for a stay of less than 6 months.

If your partner is from the EEA (excluding UK) or Switzerland
If your partner is a permanent UK resident (ie has a ‘document certifying permanent residence’), you can apply for a family of a settled person visa.

If your partner isn’t a permanent UK resident, you can apply for an EEA family permit to accompany or join your partner in the UK. You’ll usually have to prove that you and your partner have lived together in a relationship for at least 2 years.



Under the official website

"If your partner is from the UK or settled in the UK"

May I know what is the status under settled in the UK? Is it referring to PR? My fiancee is not the permanent resident in the UK, she didn't register for it.

So i am assuming i will get married with her in singapore when she is here and then apply for EEA family permit.

[Richard W]

"If your partner is from the UK or settled in the UK"

May I know what is the status under settled in the UK? Is it referring to PR? My fiancee is not the permanent resident in the UK, she didn't register for it.

So i am assuming i will get married with her in singapore when she is here and then apply for EEA family permit.

When it comes to EEA rights, the website frequently makes statements calculated to deceive (unless the authors are simply incompetent).

If you can get to the British border, and your wife is working (relatively easy to prove), and you can prove you're married, and the immigration officer has no reason to believe yours is a marriage of convenience, then he is in general legally obliged to admit you to the UK. As you're Malaysian, an airline will fly you to the UK without a visa. EEA Regulations 11(4)(b) and 13(2) apply. You'll get either the EEA Regulations 2016 stamp or the obsolete EEA Regulations 2006 stamp. Both are referred to as the 'wet ink stamp', and the stamp used was once the 'Code 1A' stamp.

[wilsonwkz]

"If your partner is from the UK or settled in the UK"

May I know what is the status under settled in the UK? Is it referring to PR? My fiancee is not the permanent resident in the UK, she didn't register for it.

So i am assuming i will get married with her in singapore when she is here and then apply for EEA family permit.

When it comes to EEA rights, the website frequently makes statements calculated to deceive (unless the authors are simply incompetent).

If you can get to the British border, and your wife is working (relatively easy to prove), and you can prove you're married, and the immigration officer has no reason to believe yours is a marriage of convenience, then he is in general legally obliged to admit you to the UK. As you're Malaysian, an airline will fly you to the UK without a visa. EEA Regulations 11(4)(b) and 13(2) apply. You'll get either the EEA Regulations 2016 stamp or the obsolete EEA Regulations 2006 stamp. Both are referred to as the 'wet ink stamp', and the stamp used was once the 'Code 1A' stamp.

Omg. I don’t even know that. You guys are being so helpful on this and I’m really appreciate the efforts.
My wife and I are not going to fly back to uk together actually because I have to give a month notice to quit the job in Singapore and so on. Will it becomes a problem in immigration? From the posts you have attached, it seems like I can ask my wife waiting at the boarder if needed for interview or something else?

[wilsonwkz]

Is it fiancé visa definitely not work on my case?

[wilsonwkz]

Actually I have applied Fiance visa and just submit last week. And I think I have submitted the wrong visa because I just realise my fiancée doesn’t have the PR in uk and she is EAA National.

Instead I shall get married in Singapore and apply for family permit or try my luck in boarder to get the 1A stamp.

Please correct me if I were wrong because now I want to withdraw my fiancé visa application and eat my passport back although I know the visa fee is not refundable.

[Casa]

You are correct that you don't qualify for a fiance visa.

[Richard W]

May I know what is the status under settled in the UK? Is it referring to PR? My fiancee is not the permanent resident in the UK, she didn't register for it.

Registering a claim to permanent residence is not a requirement for having it. If she has been working continuously in the UK, then she has acquired PR.

If you have not submitted evidence that she has acquired PR, then your application is probably heading for failure. I'm not sure what you could do to rescue it.

You are correct that you don't qualify for a fiance visa.

What do you, Casa, know that we don't? Are you saying that single Romanian women living in the UK are more likely than not to have gaps in their status as 'qualified persons'?

[Richard W]

My wife and I are not going to fly back to uk together actually because I have to give a month notice to quit the job in Singapore and so on. Will it becomes a problem in immigration? From the posts you have attached, it seems like I can ask my wife waiting at the boarder if needed for interview or something else?

I had hoped that someone could answer this question from personal experience. I would strongly recommended that she meet you at the airport, armed with evidence of her employment. I think it is quite likely that Immigration will want to speak to her, though possibly only by phone.

[Casa]

What do you, Casa, know that we don't? Are you saying that single Romanian women living in the UK are more likely than not to have gaps in their status as 'qualified persons'?

I certainly wouldn't discriminate against ANY nationality and I'm surprised you suggested it.

My points are:
1. Not possible to apply for a fiance visa from inside the UK (as you advised previously). A fiance visa is an entry visa.
2. A fiance visa application from outside the UK will be refused if the sponsor has not provided a DCPR as proof of PR (which appears to be the case).

[wilsonwkz]

May I know what is the status under settled in the UK? Is it referring to PR? My fiancee is not the permanent resident in the UK, she didn't register for it.

Registering a claim to permanent residence is not a requirement for having it. If she has been working continuously in the UK, then she has acquired PR.

If you have not submitted evidence that she has acquired PR, then your application is probably heading for failure. I'm not sure what you could do to rescue it.

You are correct that you don't qualify for a fiance visa.

What do you, Casa, know that we don't? Are you saying that single Romanian women living in the UK are more likely than not to have gaps in their status as 'qualified persons'?

Omg I’m getting confused. Can you advise me which visa should I apply now.

Status are: I’m outside uk who working in Singapore. My fiancée (Romanian) is studying and working in uk atm. Never ever apply any settlement permit in uk although have been staying for more than 5 years

[Casa]

I suggest that you fiancee applies for confirmation of her PR.

You could have married while you were in the UK, providing the Home Office gave you clearance for the wedding to go ahead after being notified by the Registrar.

[wilsonwkz]

I suggest that you fiancee applies for confirmation of her PR.

You could have married while you were in the UK, providing the Home Office gave you clearance for the wedding to go ahead after being notified by the Registrar.

Hi casa, thanks for your reply. Now I’m choosing another method which is get married in Singapore and apply for EEA family permit. Do you think this works? By the way I have withdraw my fiancée Visa application.

[wilsonwkz]

I suggest that you fiancee applies for confirmation of her PR.

You could have married while you were in the UK, providing the Home Office gave you clearance for the wedding to go ahead after being notified by the Registrar.

Hi casa, thanks for your reply. Now I’m choosing another method which is get married in Singapore and apply for EEA family permit. Do you think this works? By the way I have withdraw my fiancée Visa application.

She is working in uk and has contract to prove.

[Casa]

Is she earning a minimum of £18,600 p.a

[wilsonwkz]

Is she earning a minimum of £18,600 p.a

Does EEA National requires this as well? I don’t see any financial requirement in the form for family permit.

She earns £23000 annual but currently she is working part time £11000 (from September 2017 to June 2108)and will back to full time in July 2018. Will this affect? Or Can i request her employer to write a letter to prove? Will it helps

[Casa]

Correct if you're applying under EEA Regulations and not a spouse visa under the Immigration Rules.