Marriage and eea family permit

[SkippyKoala]

Hi there

I am an Australian citizen and have been with my EU French partner for nearly two years of which half was long distance. However during our long distance stages we have not gone without seeing each other for more than three months.

We have both been living in the UK for the past three and a half months (since October 2017) and he has been exercising his treaty rights. As an Australian I am on a no visa requirement for 6 months on 12month rolling basis (ie I can stay visa fee for 6 months max within a yr) but with work restrictions so have been relying on my partner for financial support ie he pays the rent bills and our expenses etc.

We will be getting married in France next month February and returning to UK until my 6 months free visa ends in April and deciding where to go from there. Ideally we want to stay in UK for another year but don’t want to be separated for a long time.

My questions are as follows:

1) once I am married and enter UK again with my eu husband would I get stamped with the same free visa again?

2) would it mean I would still have to leave the country by April and apply for eea family permit outside of uk to be able to come back to UK again within this year?

3) Or given when I come back to UK as a married woman with a still valid visa for one and a half months could I just automatically apply for a residence card? And that I wouldn’t be an illegal alien in between waiting for my resident card to be approved which I understand can take up to 6 months.

4) if answer is point 4 can I work while awaiting residency card?

Hoping someone could give me advise.

Thank you

[mariee]

Hi SkippyKoala

See below hope my advice helps in some way.

Best of luck

Hi there

I am an Australian citizen and have been with my EU French partner for nearly two years of which half was long distance. However during our long distance stages we have not gone without seeing each other for more than three months.

We have both been living in the UK for the past three and a half months (since October 2017) and he has been exercising his treaty rights. As an Australian I am on a no visa requirement for 6 months on 12month rolling basis (ie I can stay visa fee for 6 months max within a yr) but with work restrictions so have been relying on my partner for financial support ie he pays the rent bills and our expenses etc.

We will be getting married in France next month February and returning to UK until my 6 months free visa ends in April and deciding where to go from there. Ideally we want to stay in UK for another year but don’t want to be separated for a long time.

My questions are as follows:

1) once I am married and enter UK again with my eu husband would I get stamped with the same free visa again?

Once married you can request "admission under eea regulations" upon arrival back in the UK at the border. If travelling with your husband (which is advisable go through the EU/UK passports)
Be sure to have your French marriage certificate apostilled and translated, this will take a few days please look into it further.
You will be asked for proof of your relationship and residence in the UK etc.
Be prepared with photos, communication logs, bills in both /either names, tenancy agreements etc.
Look into taking out a CSI insurance policy in both your names as you will need this as well for the next stage - the Residence Card application.
As long as your relationship is genuine and you are confident and prepared the immigration officer on the border should not /cannot refuse you as the spouse of an Eea citizen.

You will then be issued with an 'eu dependent stamp' with the words 'No time limit' written by the immigration officer. (There are a few threads on here if you search the quoted titles)

I am not an immigration solicitor but I have gone through this process being a non visa required spouse of an eu national.


2) would it mean I would still have to leave the country by April and apply for eea family permit outside of uk to be able to come back to UK again within this year?
No need to leave apply from within the UK for a residence card


3) Or given when I come back to UK as a married woman with a still valid visa for one and a half months could I just automatically apply for a residence card? And that I wouldn’t be an illegal alien in between waiting for my resident card to be approved which I understand can take up to 6 months.
You won't be illegal, yes it can take up to 6months

4) if answer is point 4 can I work while awaiting residency card?
Unlikely to be employed without proof of entitlement to work

Hoping someone could give me advise.

Thank you

[Richard W]

4) if answer is point 4 can I work while awaiting residency card?

Just to clarify, the answer is, 'Yes, you may lawfully work, but it will be difficult to find an employer'. It can be argued that the EEA Regulations stamp does provide an employer with a statutory excuse against a fine for employing an illegal worker. (The risk of such a fine could arise if someone forged such a stamp - ILR stamps have been forged.) We know of no test cases.