I’m looking for a piece of advice as entire Brexit mess and what I read in the regulation is really concerning me. I’m EU citizen with pre-settled status, working full time. My fiancé is Mexican, currently on tourist visa, unemployed. We’ve met during her studies and are in relationship for almost one year. She needed to leave the UK as her student visa expired in March, since this time we’re in permanent contact. We went to Poland together couple of times, she’s met my parent s and friends, was visiting me in UK, I went to Mexico to meet her friends and family. We’ve decided to get married and properly live together. We think about applying for EU Settlement Scheme Family Permit after the marriage in September (we’re getting married in Mexico). My concern is that HO can accuse us for marriage of convenience and refuse the application. During our relationship, however we were spending most time together we’ve never rented a flat together and do not have bills on the same name. My flatmate can confirm she was staying with us, but as it was done within her tourist visa I didn’t report it to council or renting agency.
Evidence we'll be able provide are:
- Marriage certificate.
Digitally marked pictures with dates and places for all the relationship +pictures from the wedding
ceremony.
Call and conversation (WhatsApp) logs.
Confirmation letters from family, friends people who recognize us as a genuine couple.
Flights tickets.
Does it apply to UK as well? Maybe it's better to apply after these 3 months?Staying abroad for up to 3 months
Your non-EU spouse, children and grandchildren may stay with you in another EU country. If they stay for less than 3 months, all they need is a valid passport and sometimes, depending on the country they are from, an entry visa.
Equal treatment
During their stay, your spouse, children and grandchildren should be treated as nationals of the host country, notably regarding access to employment, pay, benefits facilitating access to work and enrolment in schools.
Even if they are staying as tourists, they should not, for example, have to pay higher fees to visit museums or when buying transport tickets.
Exception: If you are a pensioner, some EU countries may decide not to grant you and your family income support for the first 3 months in that country.
We’re also thinking about going to solicitor and ask them for advice. Is it worth trying in your opinion or they’ll just take our money for something we can do ourselves?
If you or you know anyone who was in similar situation please share your experience and advice.
Best regards