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I notice on re-reading that I must have just thrown this response together, some if it may be contradictory (such is immigration law!) however the thrust of it is I see trouble ahead and the phrase 'haste makes waste' in respect of your circumstances in in my head...el patron wrote:If it were me, I'd get Dad to leave us off at say Charles De Galle or perhaps Beauvais airport and fly in with my new wife. I suggest this because she is not a visa national and perhaps better to see how she gets on at the airport for starters. My concern would be that you will have such a short period of time where she will have been a direct family member, I'm not too sure if that would satisfy the surinder singh requirements. You will be arguing that she was a durable partner for the period prior to the marraige, however no rights flow from that until an entry clreance officer has made a decision to issue an EEA family permit to the durable partner, the issue of a Family Permit to a spouse will not retrospectively make the period prior to marriage relevant for the surinder singh route, I do see some possible trouble ahead for you when you come to apply in-country for a residence card.
As far as entry to the UK, you can rely on treaty rights once married and enter via Dublin on that basis, then transit to the UK via the Irish land-border or by ferry.
You're very welcome!vinny wrote:Thanks.
Good luck with that. I take a different view to Europa advice as to how the Home Office UK Visas may respond I'm afraid, I suspect that the time before marriage may not be taken into account for surinder singh purposes, you might do well to refer to the Santos case in your applications though.leoromynfabbri wrote:Thanks for the advice guys,
I think I may have not been clear, but we will definitely be married by then. I have sought advice, telling me that it doesn't really matter how long you have been married, as long as you are married by the time we apply. From the Europa advice line:
"On the other hand, your post raises the matter of the Surinder Singh Caselaw under Case C370/90.
We must note that the UK interprets the Surinder Singh caselaw restrictively; specifically, limiting the scope of the caselaw by reference to married partners. Advice is therefore for you and your partner to marry before your move to the UK, given that if you marry after your move to the UK, your partner will find it difficult to claim that his period of residence in the Czech Republic could be relied upon in the context of a Surinder Singh claim."
We have decided to extend our stay by one month; thereby allowing the processing time for our EEA family member permit. Dos anyone have experience applying for this permit as a newly wed? We have been together for over two years, lived together for over one year and have documents to prove it.