Getting Married

wb · Post by wb » Sat Jul 23, 2011 11:30 am

I am a UK national and my girlfriend is Ugandan. She is currently visiting me in the UK on a 1 year multiple entry visitors visa.

We have decided to get married and were wondering if anyone knows if this would be possible, given the fact that she is here on a visitors visa?

Post by **vinny** » Sat Jul 23, 2011 11:42 am

Marriage may be possible. Ask the Register Office.

aosun007 · Post by **aosun007** » Sat Jul 23, 2011 9:52 pm

Both of you can marry in UK but she will not be able to switch to marriage visa in UK because of her visa status.I believe both of you will like to Stay together after marriage.
why can't you let her obtain marriage or fiance visa in Uganda so that she can switch easily when she get to UK

wb · Post by wb » Fri Aug 19, 2011 6:51 pm

I would like you all to know that my girlfriend and I have just got married and we are so, so happy.

Seeing from the replies, thanks, that it was possible, we went to the registrar and also inquired. We were delighted to be informed that it was perfectly legal for us to get married.

We booked our wedding with the registrar, rushed around in the following days to organise a small reception for family and friends, got the suites and dresses and arrived at the registrars office last week to a beautiful sunny morning with our guests, and following a short service we were declared husband and wife.

I canâ€™t tell you how happy my wife and I are, with joy, love and peace in our hearts.

Following advice, we are now considering applying for an EEA Residence Card, as I am, apparently, also an EEA National.

I have lived and worked in the UK for most of my life, but was born in the Republic of Ireland and lived there for a short time during my childhood. I also hold an Irish passport.

Can you advise if this is the way to go?

Post by **vinny** » Fri Aug 19, 2011 10:37 pm

Try first applying for a residence card.

If it fails due to McCarthy, then perhaps you should use theÂ Surinder Singh Route.

wb · Post by wb » Sat Aug 20, 2011 7:56 am

Thanks Vinny

I think we will apply for the EEA Residence Card.

This would seem to make more sense, as my birth certificate states that I am Irish and I lived in my home town, Dublin, in the Republic of Ireland for a few years after birth, and then moved to Northern Ireland where I now live and work. In actual fact, I am Irish, not British.

Should I move my questions to the EEA-route Applications Forum to inquire move?

Post by **Casa** » Sat Aug 20, 2011 2:01 pm

I'll move it for you.

I wish you a very happy life together.

wb · Post by wb » Sun Aug 21, 2011 10:40 am

I have a question regarding the EEA 2 Residence Card application form.

In paragraph 6.4 where it asks for â€œEvidence of self-employment/business - Accountantâ€™s Letterâ€

Post by **Directive/2004/38/EC** » Mon Aug 22, 2011 7:40 pm

vinny wrote:Try first applying for a residence card.

If it fails due to McCarthy, then perhaps you should use theÂ Surinder Singh Route.

This is a very straight forward case according to the OP. He was born in Ireland and has an Irish passport and is now in the UK. It is hard to see any possibility of McCarthy ruling having an impact.

wb · Post by wb » Sun Sep 11, 2011 1:04 pm

Thank you for the replies.

My wife and I are about to send off the EEA 2 Application, but after reading various posts on the forum, there seems to be conflicting opinions of what supporting documents should be sent.

Should we send exactly what the EEA 2 form asks for, or should we include other additional supporting documents?

If so, what should these be?

We obviously have historical documents of our relationship, photos, emails, phone records, travel, etc, and have started to include my wifeâ€™s name on the utility bills and bank accounts. Does all this need to be sent as well even though it is not asked for?

EU_lawyer · Post by **EU_lawyer** » Sun Sep 11, 2011 1:15 pm

wb wrote:We obviously have historical documents of our relationship, photos, emails, phone records, travel, etc, and have started to include my wifeâ€™s name on the utility bills and bank accounts. Does all this need to be sent as well even though it is not asked for?

I would suggest that you include as much documentation to show that you are in a genuine relationship. Your Europe Advice is receiving an increasing number of cases where applications are being refused on the basis that the marriage is a "sham" even though they are not.

Post by **Directive/2004/38/EC** » Mon Sep 12, 2011 5:20 pm

EU_lawyer wrote:
wb wrote:We obviously have historical documents of our relationship, photos, emails, phone records, travel, etc, and have started to include my wifeâ€™s name on the utility bills and bank accounts. Does all this need to be sent as well even though it is not asked for?
I would suggest that you include as much documentation to show that you are in a genuine relationship. Your Europe Advice is receiving an increasing number of cases where applications are being refused on the basis that the marriage is a "sham" even though they are not.

It is supposed to be that a marriage certificate suffices as full evidence of marriage.

If everyone starts sending in "photo albums" and "bank statements" and "hotel invoices with both names", then there will be a gradual raising of the bar that ALL married couples will need to leap over. UKBA in 10 years time: "It is suspicious that this applicant did not send 3 years of photos with their spouse."

There are definitely cases with UKBA where people have sent too much information and have been incorrectly refused because of details in the additional (non required!) material that they sent.

I personally think the only time you should consider sending such extra information is if you need the visa very soon AND you have just gotten married.

wb · Post by wb » Thu Oct 06, 2011 7:59 pm

Good news

My wife received her Certificate of Application today, following her EEA 2 application submission three weeks ago.

She sent, as recommended by Directive/2004/38/EC, exactly what the form asked for and no more.

One issue though, that may or not be of concern. They addressed her on the Certificate of Application as Mrs (Maiden Name) instead of Mrs (Married Name).

Is this normal, or should it be corrected?

Post by **Directive/2004/38/EC** » Thu Oct 06, 2011 11:37 pm

You might want to send them a letter clarifying in big letters what name should be on the RC.

Though hopefully they will check it against the passport they are putting it into...

wb · Post by wb » Fri Oct 07, 2011 10:40 am

Directive/2004/38/EC wrote:You might want to send them a letter clarifying in big letters what name should be on the RC.

Though hopefully they will check it against the passport they are putting it into...

Thanks for your reply, please clarify here; are you saying it should be my wife's married name and not her maiden name??
Thanks

Post by **Directive/2004/38/EC** » Fri Oct 07, 2011 10:48 am

wb wrote:
Directive/2004/38/EC wrote:You might want to send them a letter clarifying in big letters what name should be on the RC.

Though hopefully they will check it against the passport they are putting it into...
Thanks for your reply, please clarify here; are you saying it should be my wife's married name and not her maiden name??
Thanks

What name does your wife want to use?

If she has changed her name with marriage, then she should likely get a new passport in the new name. And then ask that the Residence Card be issued in the new name.

If she is going to continue using her maiden name, then no need for a new passport and you should request that they issue the Residence Card in the maiden name.

I think it is straight forward...

wb · Post by wb » Sun Dec 11, 2011 10:11 pm

My wife has received her residence card, and pretty quickly too. What a relief, we are so happy.

Our next step is applying for an EEA Family Permit for her 12 year old son to join us.

My wife, who was never married to the father, has had sole responsibility for her son’s upbringing since birth, but due to regulations, has had to name the absent father on the birth certificate and passport. The father’s whereabouts is unknown, as he simply disappeared when informed he was going to be a dad.

Any thoughts on how my wife and I can go about this?

Post by **Directive/2004/38/EC** » Sun Dec 11, 2011 10:43 pm

wb wrote:My wife has received her residence card, and pretty quickly too. What a relief, we are so happy.

Our next step is applying for an EEA Family Permit for her 12 year old son to join us.

My wife, who was never married to the father, has had sole responsibility for her son’s upbringing since birth, but due to regulations, has had to name the absent father on the birth certificate and passport. The father’s whereabouts is unknown, as he simply disappeared when informed he was going to be a dad.

Any thoughts on how my wife and I can go about this?

Just apply for an EEA Family Permit for the son. That has been an option ever since you married (RC not needed).

The UK also has a concept of sole parental responsibility. It could be they ask for evidence that the father does not have parental responsibility, or maybe not.

Child needs a passport. And you will likely have to produce a full birth certificate for the child.

wb · Post by wb » Mon Dec 12, 2011 11:01 am

Thanks Directive/2004/38/EC

We are going to apply for eea family permit as advised ,we have his passport and birthcert as well.

What will my wife need to supply to prove sole responsibility for her son?

Post by **Directive/2004/38/EC** » Mon Dec 12, 2011 12:38 pm

I am not sure.

Please let us know if they ask for anything specific.

Who is the child in the care of presently?

wb · Post by wb » Mon Dec 12, 2011 6:46 pm

The child is entrusted to her brother and family until we get things sorted out.

I came across this link on the UK Government website regarding parental responsibility: http://www.direct.gov.uk/en/Parents/Loo ... /DG_192819 the paragraph “Parental Responsibility Orders” is interesting in the light of a requirement to prove parental responsibility. To quote: “...a mother automatically has parental responsibility and doesn’t need to apply for it.”

Does anyone on the forum have any experience of this type of application and if so, what did they have to do?

Post by **Directive/2004/38/EC** » Mon Dec 12, 2011 7:12 pm

That is law for the UK. I assume the child was not in the UK when born, so local Ugandan law will likely be the most relevant.

wb · Post by wb » Tue Dec 20, 2011 10:49 am

On VAF5 form they ask for financial and accomondation information.

Am I correct saying that it is not required to give this information under EEA Rules?

Post by **Directive/2004/38/EC** » Tue Dec 20, 2011 12:06 pm

wb wrote:On VAF5 form they ask for financial and accommodation information.

Am I correct saying that it is not required to give this information under EEA Rules?

Since these are children of the wife of an EU citizen, it is not required to provide any of this information.

wb · Post by wb » Tue Dec 20, 2011 8:58 pm

Thanks Directive

Looking at the guidance notes, 8.2 Your Relationship, where is says:

“Other than spouse, civil partner or children under 21, ALL family members must provide documentary evidence that they are dependent on the EEA National or are part of the EEA National’s household.”

Am I to understand this as no requirement in my case, child is 12 years, to send documentary evidence of dependency?

Also, in answer to the question, 8.2.1 How are you related to the EEA National?

Would I be correct to say Stepfather?

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