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I`m afraid you'd require a Certificate of Approval (CoA) in order to get married in the UK. Alternatively, you could get married in Greece/Australia and apply for a spouse visa or apply for a visit for marriage or fiancee visa in order to get married in the UK.AustGreek wrote:Hi all, new to the forum and would like to gain some knowledge re: a Greek citizen (currently working in the UK) marrying an Australian citizen (tourist visa at the moment) in the UK.
Can anyone shed any light on this matter? What's the best way of doing it so we are both able to stay in the UK and obtain employment in the Uk or other EU countries (Spousal visa).
Any information, past experiences, web link to this matter will be greatly appreciated.
thanks.
I do not think they issue CoAs to individuals on tourist visas..Decus et Tutamen wrote:You can obtain a certificate of approval, marry and then make a free application to the BIA for a residence permit as the family member of an EEA national.
You would have to demonstrate that your spouse is Greek, that you are married and that s/he is considered to be a "qualified person", in this case, working.
That's it and no needless trips back to Australia to apply for visas.
17. —(1) The Secretary of State must issue a residence card to a person who is not an EEA national and is the family member of a qualified person ... on application and production of—
(a) a valid passport; and
(b) proof that the applicant is such a family member.
It all changed about eight months ago when they were given a clogging by the judiciary.thirdwave wrote:I do not think they issue CoAs to individuals on tourist visas..
Its doable in theory but I'd like to know how many people with limited/no leave to remain have actually been issued CoAs since the judgment..IMO, the draconian rules are deliberately meant to stop people on short visas fom obtaining CoAs..Decus et Tutamen wrote:It all changed about eight months ago when they were given a clogging by the judiciary.thirdwave wrote:I do not think they issue CoAs to individuals on tourist visas..
Now anyone, even those unlawfully in the UK, may be issued with a CoA.
http://www.bia.homeoffice.gov.uk/siteco ... idance.pdf
If the OP makes a successful application and lets us know, we'll find out, won't we? They have absolutely nothing to lose by doing so, because there's no fee for such applications, and even if it is refused just because of the no-switching technicality all they've got to do is apply in the spouse's own country, and there should then be no reason to refuse it. As Decus et Tutamen said, no need to waste money going back to Australia.VictoriaS wrote:Sorry, to clarify.
1) COA - I have first hand experience of these being issued to those on visit visas, and even overstayers, so I can say without doubt this is possible.
2) Switch from visit to EEA dependent. While I know the law allows for this, I have no first hand experience or even anecdotal evidence of such switches being allowed. Sometimes the Home Office break the law, and I want to know if anyone knows what stance they currently take on this applications.
Victoria
can someone please confirm this -Decus et Tutamen wrote:I don't see how they can't approve unless they can otherwise demonstrate it is either a marriage of convenience or public health/security concerns kick in.
As such an application would be governed by Directive 2004/38 and the 2006 UK Regulations, rather than the Immigration Rules, the no switching rule for visitors would not apply.
From Regulation 17 of the 2006 Regs:-
17. —(1) The Secretary of State must issue a residence card to a person who is not an EEA national and is the family member of a qualified person ... on application and production of—
(a) a valid passport; and
(b) proof that the applicant is such a family member.
Reg 17 is relevant to making an application to the BIA for a residence card while you are in the UK. To do that, you need to have got married, and to do that, you have to have a C of A (or find a friendly C of E vicar)AustGreek wrote:thanks guys for your valuable posts.
can someone please confirm this -Decus et Tutamen wrote:I don't see how they can't approve unless they can otherwise demonstrate it is either a marriage of convenience or public health/security concerns kick in.
As such an application would be governed by Directive 2004/38 and the 2006 UK Regulations, rather than the Immigration Rules, the no switching rule for visitors would not apply.
From Regulation 17 of the 2006 Regs:-
17. —(1) The Secretary of State must issue a residence card to a person who is not an EEA national and is the family member of a qualified person ... on application and production of—
(a) a valid passport; and
(b) proof that the applicant is such a family member.
from the above post, my "new" understanding of the Reg 17 of the 2006 Regs is that:
if we are able to get married in other european countries (ie. a short trip from the UK), then the non-EEA national member will be able to return to the UK (at the same time with the EEA national & the marriage certificate) and then apply for a residency card in the UK? therefore no trip back to Australia & entry clearance required?!?
is this "that" simple?
EDIT:
we will get the COA underway asap..... can anyone please provide any tips to avoid rejections (ie. required documents and supporting documents)?
thanks.
Well, obviously...but what we are saying is that we don't know if the application will be approved or not, and the OP needs to know this.Mr Rusty wrote:
If the OP makes a successful application and lets us know, we'll find out, won't we? They have absolutely nothing to lose by doing so, because there's no fee for such applications, and even if it is refused just because of the no-switching technicality all they've got to do is apply in the spouse's own country, and there should then be no reason to refuse it. As Decus et Tutamen said, no need to waste money going back to Australia.
Thanks Victoria.VictoriaS wrote:
Well, obviously...but what we are saying is that we don't know if the application will be approved or not, and the OP needs to know this.
So it may result in a trip back home in six months time anyway.
NB. I have an outstanding application for an illegal entrant to switch to the family member of an EEA national. The 24th is the six month deadline of the application, so I should know for sure by then what is allowed, as if they allow the switch for my client they will certainly do the same for the OP here as a visitor.
Victoria
Well, obviously... but the point is that no-one knows whether their application is going to be approved until they get the say so from the BIA. In which case why does anyone one bother applying for anything?VictoriaS wrote:Well, obviously...but what we are saying is that we don't know if the application will be approved or not......Mr Rusty wrote:
If the OP makes a successful application and lets us know, we'll find out, won't we? They have absolutely nothing to lose by doing so, because there's no fee for such applications, and even if it is refused just because of the no-switching technicality all they've got to do is apply in the spouse's own country, and there should then be no reason to refuse it. As Decus et Tutamen said, no need to waste money going back to Australia.
thanks. pls keep us inform re the outcome.VictoriaS wrote:There is no outcome. The HO have taken over six months now, and I am furious about it.
Victoria
thanks.Mr Rusty wrote:Congratulations on your impending marriage.
Your OP stated that you were here on a "Tourist visa" (presumably a visitor's stamp given by an IO at a port of entry). I'm sure you're aware that you have to apply before that endorsement expires. When you do, you acquire the right to stay here for however long it takes for the application to be decided, but only on the conditions of your exisiting leave.
So if you're here as a visitor, that's what you are until the Home Office says you're something else.