EEA Family Visa to join British Citizen living in the UK

[benhick]

Hello all,

My finance and I have been in a relationship for almost 2 years - we have never lived together. She is a Zimbabwean and lives in Germany. I am a British National. We have applied for the EEA family visa/permit for her to join me, however the application has been refused twice. The reason for refusal is that we have never lived together for two years akin to marriage.

We are now stuck as to what we should next do. We are thinking of getting married outside of the UK (most likely in Denmark as it is way easier than to get married in Germany).

Could you please advise on if this is a good idea that will secure her EEA visa to join me? All advice is very welcome.

Many thanks,

Ben

[Casa]

It won't secure her an EEA family permit as she doesn't qualify due to the fact that you hold British nationality.
If you marry outside of the UK you could apply for a spouse settlement visa (VAF4a) as long as you meet all the conditions. One of these is that you as the sponsor are earning at least £18,600 per annum or have £16,000 or over in savings to make up any shortfall. Your wife would also have to pass the pre-entry A1 level English test. Unlike the EEA route, the costs are high. £956 for the initial 2.5 year visa + £600 NHS surcharge.
You could apply for a fiance visa, marry in the UK and apply to switch to a FLR(M) spouse visa without having to leave the country. This however would mean 2 visa applications with 2 fees. £956 + £649 + NHS surcharge of £500.
Here's the link to the information:
https://www.gov.uk/join-family-in-uk/overview

Other than my suggestions above, if you are prepared to 'move the centre of your life' to another EU state you could look into using the Surinder Singh route.
Unless you are prepared to live together for 2 years in a 'durable relationship' this would also require you to marry.
https://www.gov.uk/family-permit/surinder-singh

[noajthan]

Hello all,

My finance and I have been in a relationship for almost 2 years - we have never lived together. She is a Zimbabwean and lives in Germany. I am a British National. We have applied for the EEA family visa/permit for her to join me, however the application has been refused twice. The reason for refusal is that we have never lived together for two years akin to marriage.

We are now stuck as to what we should next do. We are thinking of getting married outside of the UK (most likely in Denmark as it is way easier than to get married in Germany).

Could you please advise on if this is a good idea that will secure her EEA visa to join me? All advice is very welcome.

Many thanks,

Ben

Alternately, have you considered relocating to Germany?
Check out living together there (test the water - see how it goes), work towards marriage.

Once married either:
1) shoot directly for UK under UK Immigration Rules;
OR
2) if Germany floats your boat, stay awhile as a married couple with a centre of life in Germany (or a.n.other EU country of choice) & work your way back to UK under the Surinder Singh Route;
ie as an EEA national exercising treaty rights & free movement under EU rules.

Good luck.

[benhick]

Thanks for the advice guys.

Going back to the issue of living together for two years akin to marriage, part of my Zimbabwean culture is that a couple cannot live together at all before they are married. Therefore could I raise this cultural fact with the immigration as a way of getting past the 'living together for two years' issue?

We both value our tradition and want to follow it.

Thanks,

Ben

[Casa]

No you can't. If your culture/religion doesn't permit you to co-habit, if you are in a genuine relationship and want to live together the in the you would be expected to marry. I'm confused by the fact that you applied (incorrectly) for an unmarried family permit. What did you intend to do if it was approved?
Live separately?
If all cultural differences were given special concessions the Immigration rules would be unworkable.

[chriskv1]

Thanks for the advice guys.

Going back to the issue of living together for two years akin to marriage, part of my Zimbabwean culture is that a couple cannot live together at all before they are married. Therefore could I raise this cultural fact with the immigration as a way of getting past the 'living together for two years' issue?

We both value our tradition and want to follow it.

Thanks,

Ben

Ben your gf is not eligible to apply under EEA rules , I dont know why they didnt mention that in the refusal , Even if you were living together in the UK for 2 years she wouldnt be able to apply under EEA rules. The only way that she would be able to is if you shift your centre of life to another EU country and then come back with her , So basically you have to go to Germany and live with her and work there for atleast 6 months and then come back with her under Surinder Singh route.

Also I found this :

https://www.newsday.co.zw/2013/08/17/co ... necessity/

Which suggests things are changing . Thats off topic though. Your GF is not eligible for an unmarried eea permit unless you move to germany.

[Casa]

Thanks for the advice guys.

Going back to the issue of living together for two years akin to marriage, part of my Zimbabwean culture is that a couple cannot live together at all before they are married. Therefore could I raise this cultural fact with the immigration as a way of getting past the 'living together for two years' issue?

We both value our tradition and want to follow it.

Thanks,

Ben

Ben your gf is not eligible to apply under EEA rules , I dont know why they didnt mention that in the refusal , Even if you were living together in the UK for 2 years she wouldnt be able to apply under EEA rules. The only way that she would be able to is if you shift your centre of life to another EU country and then come back with her , So basically you have to go to Germany and live with her and work there for atleast 6 months and then come back with her under Surinder Singh route.

Also I found this :

https://www.newsday.co.zw/2013/08/17/co ... necessity/

Which suggests things are changing . Thats off topic though. Your GF is not eligible for an unmarried eea permit unless you move to germany.

The Surinder Singh route would still require 2 years co-habitation or marriage.

[chriskv1]

Thanks for the advice guys.

Going back to the issue of living together for two years akin to marriage, part of my Zimbabwean culture is that a couple cannot live together at all before they are married. Therefore could I raise this cultural fact with the immigration as a way of getting past the 'living together for two years' issue?

We both value our tradition and want to follow it.

Thanks,

Ben

Ben your gf is not eligible to apply under EEA rules , I dont know why they didnt mention that in the refusal , Even if you were living together in the UK for 2 years she wouldnt be able to apply under EEA rules. The only way that she would be able to is if you shift your centre of life to another EU country and then come back with her , So basically you have to go to Germany and live with her and work there for atleast 6 months and then come back with her under Surinder Singh route.

Also I found this :

https://www.newsday.co.zw/2013/08/17/co ... necessity/

Which suggests things are changing . Thats off topic though. Your GF is not eligible for an unmarried eea permit unless you move to germany.

The Surinder Singh route would still require 2 years co-habitation or marriage.

I presumed that he would get married once he is in Germany .

[Casa]

@chriskv1 I erred on the side of caution to avoid any confusion (or false hope) as you ended with "Your GF is not eligible for an unmarried eea permit unless you move to germany."

[noajthan]

Thanks for the advice guys.

Going back to the issue of living together for two years akin to marriage, part of my Zimbabwean culture is that a couple cannot live together at all before they are married. Therefore could I raise this cultural fact with the immigration as a way of getting past the 'living together for two years' issue?

We both value our tradition and want to follow it.

Thanks,
Ben

Just to clarify, in the context of UK immigration, there is no concept of a 'dating visa' or a 'boyfriend-girlfriend want to live in UK but cannot cohabit just now'-type of visa.

UK immigration (as we see it being implemented by HMG) is not about promoting regular human activities, (such as couples getting together, nesting & settling down in a family unit).
So the lady cannot hope to get entry to UK just to do that.

The only UK entry options for her may be work/study-related (if you do not get engaged/marry soon).

Surinder Singh gives you as a BC a way of being treated as an EEA national;
this gives you the opportunity (not a guarantee) to bring a partner to UK via another EU country under EU rules.

btw - SS should not take 2 years to achieve, especially if married. What is unclear is if/when you may marry. (Do not feel at all obliged to answer on that point here).

Obviously it's only worth considering if the EU country you choose enables you to initially live as you prefer as you work towards marriage.

And if you do manage to get on the EU route (by uprooting & shifting your centre of life for some time) you may well find it less restrictive, less discriminatory & less financially draining than the UK Immigration Rules route.

[Casa]

@noajthan +1

[benhick]

Thanks all for all the advice.

If we were to apply for the fiance visa, do we need to submit my passport along with all the supporting documentation to the immigration centre or will a photocopy of my passport photo page be sufficient?

The reason I ask is because when we mistakenly applied for the EEA family permit, it was required for my passport to be part of the supporting documents so wondering if it will also be the same as the fiance visa.

Thanks again

[Casa]

Thanks all for all the advice.

If we were to apply for the fiance visa, do we need to submit my passport along with all the supporting documentation to the immigration centre or will a photocopy of my passport photo page be sufficient?

The reason I ask is because when we mistakenly applied for the EEA family permit, it was required for my passport to be part of the supporting documents so wondering if it will also be the same as the fiance visa.

Thanks again

You can submit a legally certified copy instead of the original.

[benhick]

Hello All,

we are working on applying for the fiance visa so she can come to the UK and we get married.

As you know the Uk immigration website is quite confusing so we are wondering if we should apply for the unmarried visa on Visa4Uk website?

Please advise?

Many thanks

[Casa]

No. As previously advised, you don't qualify for an unmarried partner visa. You need to apply for a fiance visa. The fee will be £956. After the wedding (within 6 months) you will have to apply for a 2.5 year extension on form FLR(M). The postal fee will be £649, or £1049 if applied for in person at a PSC.
In addition to the FLR(M) visa fee, you will also need to pay the new NHS surcharge of £500, online before submitting the visa application.

When applying for the fiance visa, ensure you include evidence of a wedding being planned. You must show income of at least £18,600 per annum or have savings of over £16,000 to make up any shortfall. Your fiancee will have to pass the pre-entry A1 level English test before applying.

[benhick]

When I log into the Visa4Uk website for the online applications, there is no option to apply for a fiancee visa, therefore could you please provide a link of where to apply for the fiancee visa?

Also could you please provide me with examples of proving to the application centre that a wedding is being planned. Would a booked appointment for registering our intention for marriage in my borough be sufficient as evidence?

Thanks again

[Casa]

When I log into the Visa4Uk website for the online applications, there is no option to apply for a fiancee visa, therefore could you please provide a link of where to apply for the fiancee visa?

Also could you please provide me with examples of proving to the application centre that a wedding is being planned. Would a booked appointment for registering our intention for marriage in my borough be sufficient as evidence?

Thanks again

What options have you been given in the drop-down list? Marriage/Civil Partnership?
Without logging in, no one can give you a direct link.

You may need other evidence for the wedding. Haven't you already been advised...engagement ring receipt, booking for a celebration (however small).
In addition to proof of a wedding being planned, you also need to show that this isn't a marriage of convenience and some form of celebration would be expected, however small.

[Wanderer]

Thanks for the advice guys.

Going back to the issue of living together for two years akin to marriage, part of my Zimbabwean culture is that a couple cannot live together at all before they are married. Therefore could I raise this cultural fact with the immigration as a way of getting past the 'living together for two years' issue?

We both value our tradition and want to follow it.

Thanks,

Ben

The culture here allows it, so it's your choice, adapt to it or forget it. Otherwise people could argue getting past the two year rules by saying 'my mum doesn't like it or something equally off the wall'.

[benhick]

Casa, so the first thing we've done is to select 'apply for myself' and then we enter her details.

We have selected 'Visit' and then the sub visa 'Family Visitor' has come up.
We also selected Settlement which gives the following options:
Unmarried partner, wife, marriage. (but no sign of one worded as fiancee visa).

Could you please advise which one is the correct visa?

Many thanks

[Casa]

Settlement - marriage

[alana1982]

Please can someone let me know if this list is right, or if anything isn't needed or is needed, sooo confusing

Fiance Visa Application checklist:

Applicant

1. VAF4A Family Settlement Application
2. VAF4A Financial Requirement and also Sponsor Undertaking form SU07/12
3. Applicant Letter of intent
4. Applicant Passport (original)
5. Applicant 2 x Passport sized photos

Sponsor

1. Sponsor letter of invite
2. Sponsor’s UK Passport copy
3. Proof of all Benefits as Exempt through Carers Allowance
4. Adequate Maintenance Supporting Letter
5. Sponsor’s 1 months bank statements
6. Sponsor’s Local Council Tax bill
7. Sponsor’s photographs of house showing exterior and all rooms interior
8. Sponsor’s Rental Tenancy Agreement
9. Sponsor’s Divorce
10. Sponsor’s Marriage Certificate (supports reason name change)

Additional

1. Email correspondence (chain of replies) from local Registry Office asking for Provisional marriage date to be set.
2. Photographs of us on holiday
3. Screen shots of WhatsApp etc mobile phone chat records from texting each other
4. Sponsors Flight/Travel tickets/boarding passes printed
5. Sponsors Entry stamps in passport showing.
6. Printout of villa booking

[Casa]

You will also have to submit a letter from the sponsor's landlord, agreeing to their fiance living in the property.

[alana1982]

He is Jamaican so the english test isn't needed. A few questions also if you don't mind, Can i fill in the application form from the uk on behalf of him?, if not can i pay the the visa from the uk, also can i scan and email all supporting documents to him and he print them or do i need to send them to Jamaica (worried about them getting lost)