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Marriage visit visa to EEA

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samiya28
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Marriage visit visa to EEA

Post by samiya28 » Sun Nov 23, 2008 7:15 am

Iam European on treaty righs for 2 years,my fiance non EEA wants to come to come on Marriage Visit Visa to get marry here in UK,he came before two times and left on time...my question is Can he comes on MVV to UK and apply for residence card after marriage without the need for him to go back his country to apply for family permit..? any advise?

thsths
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Re: Marriage visit visa to EEA

Post by thsths » Mon Nov 24, 2008 1:12 pm

samiya28 wrote:Iam European on treaty righs for 2 years,my fiance non EEA wants to come to come on Marriage Visit Visa to get marry here in UK,he came before two times and left on time...my question is Can he comes on MVV to UK and apply for residence card after marriage without the need for him to go back his country to apply for family permit..? any advise?
Yes, that is possible, although not necessarily advisable. If he comes with the intent of staying, the MVV would be the wrong visa, and he could be refused. And he will be without a valid visa for the 6 months or so it takes to process the EEA2 application for the residence card.

samiya28
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Re: Marriage visit visa to EEA

Post by samiya28 » Mon Nov 24, 2008 3:12 pm

thsths wrote: Yes, that is possible, although not necessarily advisable. If he comes with the intent of staying, the MVV would be the wrong visa, and he could be refused. And he will be without a valid visa for the 6 months or so it takes to process the EEA2 application for the residence card.
So it is possible but risky,are there any cases like that u know it worked well..any advise what we can do to get marry in UK? which route we shall follow?

thsths
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Joined: Sun Apr 29, 2007 9:14 pm
United Kingdom

Re: Marriage visit visa to EEA

Post by thsths » Mon Nov 24, 2008 3:58 pm

samiya28 wrote:So it is possible but risky,are there any cases like that u know it worked well..any advise what we can do to get marry in UK? which route we shall follow?
You can search the forum, and you will find a few cases similar to yours. It is possible, but it can also lead to difficulties, such as making the casework suspicious.

The options depend on your circumstances. If you have been together for 2 years, your partner can apply for an EEA Family Permit as an unmarried partner, although that can also be a difficult process. Maybe the best option would be to get married abroad and then apply for the EEA Family Permit as spouse, which is a lot easier (and both are free).

If you have permanent residence in the UK (granted after 5 years), your partner could also apply for an unmarried partner visa or a fiance visa under UK law. This may lead to citizenship a lot faster, but it is expensive because of the fees.

Ben
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Re: Marriage visit visa to EEA

Post by Ben » Mon Nov 24, 2008 3:58 pm

thsths wrote:And he will be without a valid visa for the 6 months or so it takes to process the EEA2 application for the residence card.
But once married he will be the OP's husband, and thus legally resident sans visa. Assuming the marriage takes place within 6 months of entry.

samiya28
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Post by samiya28 » Fri Dec 05, 2008 2:54 pm

Is there any more experience with switching from Marriage visit visa to Residence Card after marriage to EU national on treaty rights..i have read somewhere that after marriage in UK,directly my fiance will be automatically called an EEA family member and as long as he lawfully stay regardless his type of visa,he would be eligible to apply fo residence card normally same like who entered on EEA family permit,can anybody here confirm that plz...??

Ben
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Post by Ben » Fri Dec 05, 2008 4:09 pm

samiya28 wrote:..i have read somewhere that after marriage in UK,directly my fiance will be automatically called an EEA family member and as long as he lawfully stay regardless his type of visa,he would be eligible to apply fo residence card normally same like who entered on EEA family permit,can anybody here confirm that plz...??
Yes, this is correct. If you are an EEA national and exercising Treaty rights in the UK, your husband is entitled to reside with you. How your husband entered the UK does not affect this entitlement.

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