EEA EFM or Fiancee Visa

[Calyn]

hello,

i would like to seek advise who can help me about visa i should apply,
my fiancee is EU Citizen working since 2005 in UK and above 18,600pounds a year, im from non EU country, and we would like to marry in UK and settle..our relationship starts on 2012 and we see each other every year.

[CR001]

There is no 'Fiance visa' under the EEA Route and if you have not been living together in a relationship 'akin to marriage' for at least two years, you will fail in applying for a EEA FM.

What nationality is your partner?

[Calyn]

Hello, thank you for the answer, he's Hungarian

My other question: if example we get marry in Philippines, after the certificate comes out does he need to register to Hungary his status before i can apply for EEA Family permit. We are calculating roughly how much time need.

Thank you.

[CR001]

after the certificate comes out does he need to register to Hungary his status before i can apply for EEA Family permit

No he does not as far as I am aware.

You would need to be married to apply for an EEA FM as you would not meet the requirements for the unmarried partner route.

[Haazi12]

Your partner can apply for permanent residence card after your partner gets that then you can apply for fiancé visa. As your partner is working from 2005. He is quilified for permanent residence card.

[Obie]

There is no 'Fiance visa' under the EEA Route and if you have not been living together in a relationship 'akin to marriage' for at least two years, you will fail in applying for a EEA FM.

What nationality is your partner?

I believe as his partner who is an EU national has resided in the UK for 5 years, he will be entitled for PR and also the right to apply for Fiance visa.

[CR001]

Agree Obie, would they then automatically fall under the UK Immigration rules??

[Obie]

Agree Obie, would they then automatically fall under the UK Immigration rules??

Not necessarily, the possibility exist for them to switch to the EEA regulations again following their proposed marriage.

[Calyn]

Hello, me and my husband got married last week here in England. I non EEA and him is EU Citizen working and living in UK, i hold Marriage Visit Visa Type C, and will ends by July, now that we are married i am thinking of applying RC via form EEA (FM) is this right? now that i am legally protected of EU treaty rights because i am now married to EU citizen, my Marriage Visit visa is now irrelevant.

[Richard W]

Yes, but apply for your residence card now. It's best to have some form of paper or plastic to cover your presence in the UK.

However, I think the Home Office might be angry with you. Are you sure you told the truth in the application for your marriage visit visa? A marriage visit visa is not intended for a couple who intend to settle in the UK.

It will be interesting to learn whether your CoA says you have the right to work in the UK. From what you've said, you do, but the HO might be inclined to regard you as a liar.

[Calyn]

@ Richard W, but i am already married to EU citizen living and working in UK, so now my status is protected under EEA treaty rights.

[Casa]

@ Richard W, but i am already married to EU citizen living and working in UK, so now my status is protected under EEA treaty rights.

Yes, but I believe that Richard W is making the point that the HO Case Worker may take the view that you lied on your Marriage Visitor visa that you would were here only to marry (visit) and return to your home country within the terms of the 6 months visa.

[secret.simon]

I think the OP's point is that the Home Office's anger or displeasure is irrelevant as they are obliged to grant an RC under the EEA Regulations.

Deceit is not grounds for refusal under the EEA Regulations.

[noajthan]

I think the OP's point is that the Home Office's anger or displeasure is irrelevant as they are obliged to grant an RC under the EEA Regulations.

Deceit is not grounds for refusal under the EEA Regulations.

It will be interesting to see if this is investigated as a marriage of convenience.

[secret.simon]

It will be interesting to see if this is investigated as a marriage of convenience.

I would presume that as the marriage took place in the UK, that such investigation would already have taken place, at the time the marriage visit visa was granted and when the notice of marriage was given.

That is, of course, a presumption.

I forgot to mention earlier, deceit may not be a ground of refusal under the EEA Regulations, but it can have negative consequences for any future applications for British citizenship.

[noajthan]

It will be interesting to see if this is investigated as a marriage of convenience.

I would presume that as the marriage took place in the UK, that such investigation would already have taken place, at the time the marriage visit visa was granted and when the notice of marriage was given.

Indeed, but any previous interview (etc) would have been in the context of a UK marriage visa;
the registrar may not have been informed of the intention to jump ship and alter course onto an EEA migration trajectory instead of complying fully with all terms of aforementioned marriage visa.

Any new review/investigation would be a fresh one initiated in the context of an application for a RC (and under the different EU regulations).

[Casa]

Noajthan has made a valid point that the Registrar would have rightly accepted the Marriage Visitor visa as permission to marry without HO approval in the UK. However, it's interesting that we're now beginning to see more HO interviews taking place when the RC application is submitted to determine the validity of the relationship (if not carried out before the marriage).

[Calyn]

i am planning to go for UK British Citizenship in the future, will this affect in my future plan for Citizenship?

[noajthan]

i am planning to go for UK British Citizenship in the future, will this affect in my future plan for Citizenship?

Hard to say.

If you do stay in UK you will not have done what is expected under your current UK marriage visa.
If you have offended against the UK Immigration Regulations then that will be taken into consideration under the current 'good character' requirements that are applied to naturalisation cases.

The first test of the HO take on your approach to residency in UK will be to see whether you're given carte blanche and simply issued with a RC. Which may happen.

Or whether HO play hard ball from day one and invoke something like EEA Regulation 19(3)c - marriage of convenience.
Ref https://www.gov.uk/government/uploads/s ... A_v8_3.pdf

By applying for the optional RC you will at least find out sooner rather than later.

[Richard W]

Yes, the result could be that it takes you 10 years rather than 6 years to achieve Britsh citizenship.

Now, the visa carries with it an implicit (or explicit?) obligation to leave the UK at the end of it. A mere suggestion, which I suppose might turn out tobe a bad idea as well as a waste of money, is to do a visa run to Calais so that you

• Exit the UK before the marriage visit visa expires.
• Re-enter the UK on your British marriage certificate in your capacity as the family member of an EEA national, and get an "EEA Regulations" stamp. This should make the CoA largely irrelevant.

However, if you told the ECO that you intended to settle in Hungary after your wedding, then this won't help much. It might defeat a computerised check of your immigration compliance history.

[Calyn]

If i apply for RC how many percent chances i can get ir within 6months,?
is there a possibility they will make me difficult for me to get it? I dont want to appeal re apply. I am really confused dont know what to do. As i want in the future to apply BCitizenship

[Casa]

If i apply for RC how many percent chances i can get ir within 6months,?
is there a possibility they will make me difficult for me to get it? I dont want to appeal re apply. I am really confused dont know what to do. As i want in the future to apply BCitizenship

No one can give you percentages or a guarantee. Neither can anyone tell you what the requirements will be for British citizenship in 6 years time.

[Calyn]

if i push through and apply for RC let say next week, and my Marriage Visit visa end July 8,2016..do i have the right to stay YES or NO? cause im in the process of applying RC, and might go to Hungary in his country for 1 week vacation, is that possible?

[secret.simon]

if i push through and apply for RC let say next week, and my Marriage Visit visa end July 8,2016..do i have the right to stay YES or NO?

As the direct family member of a qualified EEA citizen in the UK, you have an unquestionable and undeniable right to live in the UK with him/her. That right is automatic provided you are married to him/her and s/he exercises treaty rights or has PR in the UK and s/he is resident in the UK.

So, you don't need an RC to live in the UK. That is your right under EU law because of your EEA spouse and that right exists irrespective of whether you have an RC or not.

However, whether that impacts on any future application for British citizenship depends on what you stated in the Marriage Visitor visa application.

One of the terms of the Marriage Visitor visa is

you’re not planning to stay or settle in the UK after your marriage or civil partnership

.
Also see the eligibility criteria for the same visa.

• ...
  visiting the UK for less than 6 months
  leaving the UK at the end of your visit
  ...

Given that it seems that the plan was to settle in the UK under the EEA Regulations, it could count as deception and could count against the good character requirements for naturalisation as it would seem to be an attempt to frustrate the immigration rules.

So, to summarise, you can't be refused an RC. But I would assume that you are not eligible for British citizenship for at least 10 years.

[Calyn]

thinking.......

i have one more question Sir,
do i have to apply for Schengen Visa to Hungary (where my husband is from), we'll travel together and planning by June for 1 week or 2 to visit the family