validity of marrige of an nonEEA member to an EEA member

[ela]

I am a member of the EEA and my partner is from Uganda If I would go to Uganda and marry him there as a polish national would the marrige be lawfull in the brithish law
i am a resident in the UK but i am not sure what is better me to go ther or try to bring him back here and do it this way
right now he is undre the deportation orderfrom the UK which i think is unlawfull as he has been living here for over 6 years and has strong family ties here as his doughter and me carrying his second child

[John]

I am a member of the EEA and my partner is from Uganda If I would go to Uganda and marry him there as a polish national would the marrige be lawfull in the brithish law

The UK recognises as legally valid in the UK any marriage performed outside the UK that is legally recognised as a legal marriage in the country where the ceremony is performed.

Accordingly if the marriage you are thinking of is legally recognised as a legal marriage in Uganda then it is also recognised as legally valid in the UK, in accordance with the UK's Foreign Marriages Act 1892 (yes as long ago as 1892!).

I have no idea about Ugandan marriage law but in a number of countries around the world a "mere" religious ceremony is not recognised as a legal marriage, and accordingly if it is not recognised as legally valid in the country where it takes place, then it follows that the UK would also decline to recognise it.

[JAJ]

right now he is undre the deportation orderfrom the UK which i think is unlawfull as he has been living here for over 6 years and has strong family ties here as his doughter and me carrying his second child

Is his daughter a British citizen? Assuming she's not your child, is her mother a British citizen or permanent resident (she won't be British if not).

[JAJ]

I am a member of the EEA and my partner is from Uganda If I would go to Uganda and marry him there as a polish national would the marrige be lawfull in the brithish law

The UK recognises as legally valid in the UK any marriage performed outside the UK that is legally recognised as a legal marriage in the country where the ceremony is performed.

Accordingly if the marriage you are thinking of is legally recognised as a legal marriage in Uganda then it is also recognised as legally valid in the UK, in accordance with the UK's Foreign Marriages Act 1892 (yes as long ago as 1892!).

John
Does the "no-switching" rule for in-country applications in the UK also apply to the EEA Family Permit?

[John]

JAJ, I don't know that it does, in the sense that the EU legislation gives the rights, and the issuance of a Residence Card merely confirms those rights are held. That is the person possesses the rights even before the Residence Card is issued, but merely has problems proving that until they have the Residence Card.

[JAJ]

JAJ, I don't know that it does, in the sense that the EU legislation gives the rights, and the issuance of a Residence Card merely confirms those rights are held. That is the person possesses the rights even before the Residence Card is issued, but merely has problems proving that until they have the Residence Card.

It seems then that if the original poster & partner could sponsor for an EEA Family Permit on unmarried partner grounds, a consultation with a good immigration lawyer would be in order.

If the first child is British then there might be some humanitarian considerations as well, and if the child isn't British they should be planning to make an application for it to be registered as British under the 10 year rule once it reaches age 10.

And the second child (on the way) won't be British but will most likely be Polish and if born in the UK, could be registered as British as soon as the mother has been exercising Treaty rights for 5 years.

[ela]

John
Simon and i have been leaving together for over two years
i am polish and have been livving here in the uk according to the TREATY

now my question is if the two of as will go to lets say poland get married there ...can we come back to England as a married couple under th eEU law so the english goverment can't give Simon trouble again ?

on thursday we have got our first hearing in the High Court about his case and i am terrrified that if they decide to deport him again he is gonn ahave a great difficulty to come back to Europe at all

do you have any idea about the polish law?
why they make it dificult for the people of Uganda to get a visa to Poland