Border treaty rights with name discrepancy

[AusandRo]

Hi

Our details - My wife and I have just got married several days ago. She has Romanian and Australian passports. I have an Australian passport. We currently reside in Australia. Our aim is to arrive in Edinburgh prior to the end of the year and apply for pre-settled status. We have not had time to get a FP so our only option is to use her treaty rights for my entry.

The Complicating factor is that she has different names on her Australian and Romanian passports (e.g. one has C and one has K). Our marriage certificate will have her Australian name, not the Romanian.
Could this cause issues in demonstrating relationship, either for the BFO or for when applying for presettled status? For instance, her boarding pass will have to be her Australian, not Romanian name.

We’re also a little concerned that it may look suspicious that we just married so close to the deadline but we do have other evidence of our 6 year relationship.
Considering all that is there a high chance of success at the border without an EEA FP?

If I first try to enter as her partner and am refused is there any opportunity the BFO will allow temporary entrance as a tourist/visitor?
My primary reason of concern is that my wife has a health condition and isn’t able to travel separately at all. So any chance of being separated is a major worry.

If it helps our case at all, we have considerable savings and I am a civil engineer, i.e., there shouldn’t be issues proving ability to purchase onward flights, should I be able to enter as a tourist.

Greatly appreciate any and all advice.
Thanks

[JB007]

My primary reason of concern is that my wife has a health condition and isn’t able to travel separately at all.

Has noboby told you about the new variant of coronavirus, that is speading all over the UK like wildfire? Countries are banning flights and ferries from the UK.

Re your question about visitors. Visitors have to show that they don't plan to stay in the UK.

[alterhase58]

And don't forget you need to self-isolate for 10 days from arrival .... where ???
https://www.gov.uk/uk-border-control

[Zerubbabel]

Hi

Our details - My wife and I have just got married several days ago. She has Romanian and Australian passports. I have an Australian passport. We currently reside in Australia. Our aim is to arrive in Edinburgh prior to the end of the year and apply for pre-settled status. We have not had time to get a FP so our only option is to use her treaty rights for my entry.

The Complicating factor is that she has different names on her Australian and Romanian passports (e.g. one has C and one has K). Our marriage certificate will have her Australian name, not the Romanian.
Could this cause issues in demonstrating relationship, either for the BFO or for when applying for presettled status? For instance, her boarding pass will have to be her Australian, not Romanian name.

We’re also a little concerned that it may look suspicious that we just married so close to the deadline but we do have other evidence of our 6 year relationship.
Considering all that is there a high chance of success at the border without an EEA FP?

If I first try to enter as her partner and am refused is there any opportunity the BFO will allow temporary entrance as a tourist/visitor?
My primary reason of concern is that my wife has a health condition and isn’t able to travel separately at all. So any chance of being separated is a major worry.

If it helps our case at all, we have considerable savings and I am a civil engineer, i.e., there shouldn’t be issues proving ability to purchase onward flights, should I be able to enter as a tourist.

Greatly appreciate any and all advice.
Thanks

Immigration don't care about C and K. Just ensure that when you apply under the EU Settlement Scheme that her name is the same as in the Romanian passport (forget the Australian passport).

Other than that, I will be difficult to make it as new restrictions are put in place. Flights are still arriving and leaving the UK as write, but the next hours will be crucial.

[NatCam]

It won't matter. The main thing is to be able to arrive as the borders are now closing...
You need to state that you intend to stay and live in the UK..
Good luck!!