how to get my American fiance to London to live with me?

lilmarr · Post by **lilmarr** » Fri Sep 14, 2012 4:41 pm

Hi,

I am Italian and my fiance is American. I live in London and he has never been here, I went there 3 times for long periods of time till I got refused entry. As applying for an American Fiance visa for me seems quite difficult now, we would want to move him here in London.

I am writing because I am quite confused about what kind of visa should we apply for, since I am Italian and not British. I have already started the application for residency in London which shouldn't be difficult ( i have lived here for 8 years)

Can you please advise me on what type of visa should we apply for?

Thank you so much
M.

Post by **Lucapooka** » Fri Sep 14, 2012 5:05 pm

You will need to get married. Where would you like to get married?

lilmarr · Post by **lilmarr** » Fri Sep 14, 2012 5:17 pm

I don't care where...we just can't do it in US obviously

Post by **Lucapooka** » Fri Sep 14, 2012 10:12 pm

If she has the pre-mediated intention to marry in the UK, she is obliged to apply for a visa that permits marriage. This could be a marriage-visit visa or fiancee-settlement visa. I think you need to apprise yourself of the differences between the UK immigration rules and EU immigration rules, and decide which is the most appropriate for your circumstances and budget.

Post by **EUsmileWEallsmile** » Fri Sep 14, 2012 10:17 pm

It is possible for foreigners to get married abroad, but they need to comply with local and / or their own country's regulations.

US - no, as you've said.
Italy - maybe?

Other?

lilmarr · Post by **lilmarr** » Sat Sep 15, 2012 8:09 am

hi,

thanks for you answers.
Yes we could probably do it in Italy (I don't have residency there though)and yes for uk we need a visa.
My problem is which visa? I am not sure i can apply for EEu2 since he is never been here and of course we never lived together...

I have read the immigration website but it's all quite confusing

Post by **Lucapooka** » Sat Sep 15, 2012 9:44 am

You have a choice. You can use the UK route or the EU route. The EU route if free and less onerous.

Both routes will require you to be married (given the scope of your current relationship at present, which can't be described as an unmarried curable partnership akin to marriage).

If you can't marry outside the UK you will have to marry inside the UK. If you marry inside the UK you have a number of options as to how to do this but that depends on the immigration route you intend to adopt.

lilmarr · Post by **lilmarr** » Sat Sep 15, 2012 9:52 am

hi,

i would love to be able to use the EU route, because as you said it is cheaper. In that case could we get married in Uk with him being a tourist?

Post by **Lucapooka** » Sat Sep 15, 2012 11:14 am

Like most things relating to immigration, it's complicated!

You can marry in the UK having entered as a general visitor but, strictly speaking, it's not permitted to enter the UK as a visitor with the pre-meditated intention to marry. A marriage visit visa would be required. It depends, if asked, on how good a liar your partner is when he arrives at the border!

However, if he were to apply for a marriage-visit in the USA before travelling, it would likely be refused. This is because one of the conditions of issue for this category is that the applicant will subsequently leave the UK after the marriage and not remain there. Clearly that is not the case with your partner, who, after the marriage, will remain living in the UK as the partner of an EU national. It's strictly a visit visa and so can't be issued if there is no intention to leave.

The most legally correct approach would be for your partner to apply for a fiancee-settlement visa (issued under UK legislation) and then enter the UK using that entry clearance. Having married in the UK, you partner can then remain there as your partner under EU rules.

lilmarr · Post by **lilmarr** » Sat Sep 15, 2012 11:27 am

you are right all is complicated.
he could even be a good liar and he would say he is just here to visit his girlfriend. the question is: will we be punished in case we decide to get married while he is here?

sure we could apply for a visa, but it's something like 800£..

thank you for your help

Post by **Jambo** » Sat Sep 15, 2012 12:59 pm

Lucapooka wrote:L
You can marry in the UK having entered as a general visitor but, strictly speaking, it's not permitted to enter the UK as a visitor with the pre-meditated intention to marry.

I know there is no CoA anymore but would you be able to marry if you are not a resident in the UK? I thought the Register Office requires some proof of residency? Would two tourists visiting the UK be able to marry?

Post by **Lucapooka** » Sat Sep 15, 2012 1:00 pm

It's all about being admitted. If you manage to enter as a general visitor (with no prior permission to marry) you can then marry freely. It's arriving and having the pre-meditated intention to marry that matters. If a bride is carrying a wedding dress in her luggage it might be obvious; similarly if someone has brought their entire worldly possessions in preparation for a settled life, but otherwise it's at the person's own risk as to how they deal with this requirement. If the admitting officer suspects marriage is the purpose he is entitled to refuse entry. If you think your partner does not have 'a good face for poker' you should comply with the rules and apply for a fiancee-settlement visa first.

Post by **Lucapooka** » Sat Sep 15, 2012 1:28 pm

Jambo wrote:I know there is no CoA anymore but would you be able to marry if you are not a resident in the UK? I thought the Register Office requires some proof of residency? Would two tourists visiting the UK be able to marry?

http://www.direct.gov.uk/en/Governmentc ... /DG_175717
http://www.ukba.homeoffice.gov.uk/visas ... registrar/

vndpag · Post by **vndpag** » Sat Sep 15, 2012 7:02 pm

Hi Lilmarr

Your case very simple as you mentioned that you lived UK for 8 Years I assume that you have already permanant resident ( Settled Status). Invite your fiance from US or he can visit UK as a visitor as for him is easy because he US citizen then apply for your marriage registration in UK and get married and then apply for EEA 2. Requirement for EEA2 (Resident Card) is very simple once your married Please see below points

Marriage certificate
Your proof of employement in UK ( To show exercise treaty right )
Council tax Bill or bank statement or any bills (Address proof living together)
Photos, Emails, before and after marriage

Only thing is you and your partner need to have patient to wait atleast 4 to 6 months process. You need to start to gether all your evidence of your relationship to prove UKBA for easy process.

lilmarr · Post by **lilmarr** » Sat Sep 15, 2012 7:20 pm

Thank you all for you answers.

I really appreciate it and I hope this can help other people too

Post by **Directive/2004/38/EC** » Sat Sep 15, 2012 11:59 pm

lilmarr wrote:I am Italian and my fiance is American. I live in London ( i have lived here for 8 years). I have already started the application for residency in London which shouldn't be difficult

What have you been doing here in London over the 8 years? Working? What application for "residency" have you applied for and why?

Post by **Directive/2004/38/EC** » Sun Sep 16, 2012 12:02 am

vndpag wrote:Requirement for EEA2 (Resident Card) is very simple once your married Please see below points

Marriage certificate
Your proof of employement in UK ( To show exercise treaty right )
Council tax Bill or bank statement or any bills (Address proof living together)
Photos, Emails, before and after marriage

Only thing is you and your partner need to have patient to wait atleast 4 to 6 months process. You need to start to gether all your evidence of your relationship to prove UKBA for easy process.

This is not required and I personally think it is foolish to submit this when you are married to an EU citizen

vndpag · Post by **vndpag** » Sun Sep 16, 2012 6:41 pm

This is not required and I personally think it is foolish to submit this when you are married to an EU citizen

You may be right but you can see the situation here finance never been to London. how you will show your relationship without additional document such as family photos, emails, address proof, etc, Please see the below comments from UKBA website

A marriage certificate alone does not give foreign nationals the right to live and work in the UK. Their relationship has to be genuine. If it's not, they face prosecution or deportation.

Post by **EUsmileWEallsmile** » Sun Sep 16, 2012 10:32 pm

vndpag wrote:[
A marriage certificate alone does not give foreign nationals the right to live and work in the UK. Their relationship has to be genuine. If it's not, they face prosecution or deportation.

Who is suggesting that the relationship is not genuine?

Post by **Directive/2004/38/EC** » Mon Sep 17, 2012 12:29 am

If I did an application with my wife and provided
"Photos, Emails, before and after marriage"
the IO would immediately wonder why I was providing that information. What am I trying to show if I have already provided a marriage certificate?

It also opens up all sorts of room for confusion and unjustified refusal on the part of the IO. This has been a problem in the past.

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