Advice needed regarding uk immigration

[Brit Chick]

I'm posting this on behalf of a friend of mine who is currently in the UK from india on a work permit visa, due to expire sometime in 2008. He and his fiance, a polish national, intend to get married in the next few weeks but he's confused about what happens with his immigration status..

Does he have to apply to the Polish Embassy for a spouse settlement visa and then use that to reside in the Uk, or does he make the application to the British Embassy? Also, would he need to return to India to make the application or can he do that from the UK?

Apologies if I have posted this query in the incorrect forum.

[JAJ]

I'm posting this on behalf of a friend of mine who is currently in the UK from india on a work permit visa, due to expire sometime in 2008. He and his fiance, a polish national, intend to get married in the next few weeks but he's confused about what happens with his immigration status..

Does he have to apply to the Polish Embassy for a spouse settlement visa and then use that to reside in the Uk, or does he make the application to the British Embassy? Also, would he need to return to India to make the application or can he do that from the UK?.

If he wants to switch to EEA family status he needs to contact the Home Office: http://www.ind.homeoffice.gov.uk

The Polish Embassy have nothing to do with U.K. visa issues.

How long has he already been in the U.K.?

[vinny]

Assuming that he wants to switch to EEA family status, then it may take him another five years before he is eligible for permanent residency.

Where will your friend be getting married? If he is getting married outside the UK, then he may apply for an EEA family permit at a British post before coming back.

After marriage, when in the UK, see also Applying under European law and European Casework Instructions, Chapter 7 - Accession State Nationals.

[Brit Chick]

Thanks for your replies guys. The friend in question has been in the UK for just under two years. He and his fiance would ideally like to marry in england, but are unsure of what the procedure to do so would be and what to do afterwards.

To add a spanner in the works, his fiance has just found out that she is pregnant and so they would like to get married asap.

The reason I mentioned the polish embassy was due tp the fact that he is marrying a polish national, and so assumed that he would apply to the polish embassy......looks like I was wrong on that then.

So just to get this straight in my head before I report back to my friend, he would need to apply to the British Embassy for an EEA family permit which will allow him to still continue living and working in the Uk with his then wife? How does he apply for this and is it a complicated process? Does he have to wait until after the wedding before applying?

(These boards were a mine of information for me last year when I was going through the immigration process for my husbands visa and looks like you are coming up trumps again, thanks!)

[vinny]

If he's marrying in the UK, then see also COA.

After the wedding:

He may either choose to extend his further leave to remain, as necessary, for a further 3+ years until he completes a total of 5 years. Afterwards, he may apply for settlement under the UK Immigration Rules.

Or, alternatively, he may choose to apply/confirm his status under European law (free of charge). He would then have to complete a further 5 years before he attains permanent right of residence. Note that applications for EEA family permits are not applicable when in the UK.

[Brit Chick]

Yes, he's looking to get married in the UK since his fiance has no family in poland anyway so I guess the first thing he needs is to apply for a COA in order to get married.

So it seems like applying for the EEA permit is not an option since he is already in the UK and would probably be better off applying for the employement further leave to remain instead?

[vinny]

So it seems like applying for the EEA permit is not an option since he is already in the UK and would probably be better off applying for the employement further leave to remain instead?

No, after marriage, he may choose to apply/confirm his status under European law. However, he wouldn't apply for an EEA family permit, as he is already in the UK. He may apply for either a residence card or a Family member residence stamp, depending on his wife's working status. See also Going to apply for family permit need help.