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And what reason did they give for his refusal?jsurferguy wrote:Hi, i am planning to get married to my girlfriend of 3 years next month. I am a student here on a student visa ending in oct 2009. I have a schengen visa to travel to her country to get married and to come back to the uk. But last week one of my friend student as well who is already married went to visit his in-laws from friday to sunday when reaching back the uk, was stopped by the immigration officer and was denied entry to the uk! He is married to an eu memeber and i was wondering if they can do that ? I am planning to go for my wedding as well and i am very scared the same thing happens to me, can anyone advise me here plz, as my friend's wife is in tears and we don't really know what to !!!
Returning students can be refused entry for a variety of reasons. Without knowing what was on the IS82 form it would be impossible to comment. His marriage to an EU citizen would not avail him if his spouse was not exercising her treaty rights here.jsurferguy wrote:Hi, i am planning to get married to my girlfriend of 3 years next month. I am a student here on a student visa ending in oct 2009. I have a schengen visa to travel to her country to get married and to come back to the uk. But last week one of my friend student as well who is already married went to visit his in-laws from friday to sunday when reaching back the uk, was stopped by the immigration officer and was denied entry to the uk! He is married to an eu memeber and i was wondering if they can do that ? I am planning to go for my wedding as well and i am very scared the same thing happens to me, can anyone advise me here plz, as my friend's wife is in tears and we don't really know what to !!!
Ok, i just asked her and whats she said well, the bit i could understand, is that they said the reason was deception as he entered as a student and later got married. They also said that he has not applied for a family permit and therefore still on student visa and was not allowed to travel without having permission from the school ? that doesn't make sense at all does it ?UKBAbble wrote:If he had a valid student visa he would have been given written reasons for refusal and a right of appeal before removal. You don't say on what basis he sought entry - if it was as an EEA family member his refusal ought not to have happened but without knowing the full story........
No it doesn't. That is not the reason he was refused.jsurferguy wrote:Ok, i just asked her and whats she said well, the bit i could understand, is that they said the reason was deception as he entered as a student and later got married. They also said that he has not applied for a family permit and therefore still on student visa and was not allowed to travel without having permission from the school ? that doesn't make sense at all does it ?
Not exactly. The EU citizen must be exercising their treaty rights in the country they visit.jsurferguy wrote: As far as i have personally read, as long as you are married to an another eu citizen, you have the right to travel freely in europe while with your patner ? is that not right ?
That's not something I was aware of. I do think it would be unwise though to risk travelling without a family member permit (other than to the UK).Richard66 wrote:Sorry there, even UK visas admit that for the first three months there is no need for an EEA citizen to exercise treaty rights when travelling to another EEA state.Not exactly. The EU citizen must be exercising their treaty rights in the country they visit.
Any mention to being a Qualified Person?The Immigration (European Economic Area) Regulations 2006:
Initial right of residence
13. —(1) An EEA national is entitled to reside in the United Kingdom for a period not exceeding three months beginning on the date on which he is admitted to the United Kingdom provided that he holds a valid national identity card or passport issued by an EEA State.
Wrong again. Marriage in the UK on a visitor's visa is also possible: See http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf. However it is highly frowned upon by the UKBA (and may be perceived as deception if intentions are not declared beforehand) and though one may be granted a CoA to get married in the UK, you cannot switch status in-country and would have to return to their country of residence to apply for the appropriate spousal visa/entry clearance.Richard66 wrote:I had the impression it was only possible with a Fiancé visa. With all the red tape and missing information, it is easy to say something foolish. In any case, I know that it is not possible on a visitor's visa.
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