Marriage, visas, travel plans

[markhoward]

Hello to you and thank you for reading this post.

I'd like to tell you my plans to see if you can see any problem with them that may arrise with regards to visas etc.

I am British and my fiance Australian. We currently live in Ireland but are leaving in 2 months. We plan to go to England for a week then on to Las Vegas to get married. From there on to New Zealand for the start of our honeymoon.

After this we intend to go to Australia for 2 months (me on a tourist visa), whilst there applying for a Spouse visa through Canbera for my fiance to enter the UK. Then hopefully when this comes through we travel back to UK together.

Ive done some research and I think its all legal, as it were, but if you have a different point of view I'd be very glad to hear it!

Thanks, Mark

[Wanderer]

How long have you lived together in Ireland?

[markhoward]

Lived together for 5 months here so far, will be 7 by the time we leave.

[Wanderer]

Not enough for a Family Permit then!

[Siggi]

Wanderer, what are you talking about??

markhoward is British, so if he marry's his gf and wishes to return to the UK, there is no issue of time constraint.

She is or will be his wife, hence will be entitled to a spouse visa.

[yankeegirl]

I think what Wanderer was thinking was that the OP could apply for a FP in Ireland based on the Singh rule.

[Wanderer]

I think what Wanderer was thinking was that the OP could apply for a FP in Ireland based on the Singh rule.

Exactly!

Sorry I've been preoccupied with the new iMac's on the Apple site today....

[mym]

Not enough for a Family Permit then!

Why not?

"the UK national must have exercised such rights for a period sufficient to have established himself [sic] there. Normally this should be taken to mean at least 6 months... the non-EEA spouse should have lived with the UK national for a period in another Member State."

(quote from the useful summary at http://tinyurl.com/2a949o)

[Wanderer]

Not enough for a Family Permit then!

Why not?

"the UK national must have exercised such rights for a period sufficient to have established himself [sic] there. Normally this should be taken to mean at least 6 months... the non-EEA spouse should have lived with the UK national for a period in another Member State."

(quote from the useful summary at http://tinyurl.com/2a949o)

Don't unmarried EU partners have to prove a durable relationship, which in reality is two years? They will have only lived together for 7 months, not enough I think. Christ I crashed at a friends in Stockholm for three months, if I was non-EU could i get an FP?

[mym]

Don't unmarried EU partners have to prove a durable relationship, which in reality is two years? They will have only lived together for 7 months, not enough I think.

Ah, I thought the suggestion was that they should get legally hitched in Eire - and maybe have the 'fun' wedding later.

[VictoriaS]

To actually answer Mark Howard's question...yes, what you intend to do is perfectly legal. When you come to England int he first instance, make sure that you carry with you all the evdience of your onward travels, just so there is no problem with them granting your fiancee leave to enter as a visitor, and you should be fine.


Victoria

[markhoward]

Thanks very much Victoria and all who have replied.

Las Vegas is a great option for us as we are looking to have a nice, simple wedding. Does anyone know of anywhere else that falls into that category? It would have to be recognised as legal in UK and Australia. We are on our way to New Zealand for a honeymoon so could really go anywhere in the world to marry!

[Christophe]

Thanks very much Victoria and all who have replied.

Las Vegas is a great option for us as we are looking to have a nice, simple wedding. Does anyone know of anywhere else that falls into that category? It would have to be recognised as legal in UK and Australia. We are on our way to New Zealand for a honeymoon so could really go anywhere in the world to marry!

I don't know about nice places to have a simple wedding, but I can answer the second part of the question: in general, any marriage that is recognised as a legal marriage in the country in which it is performed will be recognised as a legal marriage in Australia and the UK. Where people often run into problems is where they have a religious or quasi-religious ceremony that is not recognised as conferring legal marriage: in some countries, religious marriage officiants, or some of them, are also legal marriage officiants (e.g. in England, a Church of England priest, a Roman Catholic priest, a Jewish rabbi is a marriage celebrant under the law); in other countries, a civial marriage ceremony is always necessary for the marriage to be legally recognised (e.g. France).

[Platinum]

Las Vegas is a great option for us as we are looking to have a nice, simple wedding. Does anyone know of anywhere else that falls into that category?

New Zealand, especially since you're going there anyway, is a great option. We got married in NZ. One page form, 170 NZD, no residency rules, no COA, no waiting period. It was a million times easier than getting married in Ireland or the UK, for us. I cannot recommend it highly enough if you want to get hitched (as opposed to have a huge "happiest day of my life!" wedding).

[JAJ]

Not enough for a Family Permit then!

Why not?

"the UK national must have exercised such rights for a period sufficient to have established himself [sic] there. Normally this should be taken to mean at least 6 months... the non-EEA spouse should have lived with the UK national for a period in another Member State."

(quote from the useful summary at http://tinyurl.com/2a949o)

Why all the confusion about EEA family permits? Surely they are just going to apply for a UK-rules spouse visa?

[markhoward]

Thanks Platinum and all who have replied. We are now looking to marry in New Zealand. I've done some research and it looks like the place for us to have a nice, simple wedding.

Any info that could help us on our way would be gladly received!