Can a PhD student Visa be married to an EEA citizen?

[hackerman]

Dear members,

I am a PhD student with Visa till 2012. I recently married to a Greek citizen. We applied to bring my son into the UK thinking that could be faster but we got refused. Embassy said I don't have family permit, but the situation I don't want to change my visa or status. I am planning to change to Tier 1 in future and not to family permit.

Will I have any problems to travel outside the UK since I travel almost every three weeks to Spain?

Please answer asap, next Tuesday I have my PhD viva in another Spanish University and I don't know if I will have problems to return to the UK.

Thanks a lot!!

[Rozen]

Dear members,

I am a PhD student with Visa till 2012. I recently married to a Greek citizen. We applied to bring my son into the UK thinking that could be faster but we got refused. Embassy said I don't have family permit, but the situation I don't want to change my visa or status. I am planning to change to Tier 1 in future and not to family permit.

Will I have any problems to travel outside the UK since I travel almost every three weeks to Spain?

Please answer asap, next Tuesday I have my PhD viva in another Spanish University and I don't know if I will have problems to return to the UK.

Thanks a lot!!

I've looked at your previous posts, and it's all very confusing. Have you left the other partner who you claim was 'blackmailing' you and wanted to live in the flat you were paying for? Is this Greek person a different one? Are you more than one person posting in the same thread? It's not making sense! Could you please get your story straight so that members can advise you accordingly.

[hackerman]

thanks for your replay!!

According to the previous partner, I took advantage of the end of the contract of the flat and I moved to another place alone. She left to her country and came back to UK. She remains in UK working (with a copy that she kept of one authorization from me 5 months ago).

Then I moved back with my ex-girlfriend of three years of relationship. 1 year ago we were living in in Spain and then we broke up and she came to UK. This time, we wanted to commit seriously and then We got married in Colombia (next month again in Greece). I wanted to apply for my son, 7 years old, as I mentioned before. But my current partner suggested to do it as EEA permit for my son, assuming it will be faster. However, we came back and he got refused. The embassy called my mum in Colombia asking for my ex and her child. They also asked for divorce certificate but she didn't have (I thought marriage certificate was enough).

When I returned from my trip the passport control asked us about our status and why didn't we change my student visa to family permit. I said I don't want it since I work for Spain and I have two incomes (Spain and UK 2 salaries.).

1. Respect to my son, I don't know if to appeal or to apply again as student dependant??, since EEA family permit requires 1st my modification and it takes longer.

2. Respect to me, I want to know if I can have problems travelling with my current student visa, valid till oct 2012. I don't want to change it for family permit because I know that after next Tuesday with my PhD European I can get job as Academic in UK and enough points for Tier1 or 2.

Can I take my return flight relaxed or should I stay in Spain? I cannot miss my PhD viva after 5 years of studying in Spain....

Thanks a lot dear supporters and members

[Rozen]

I'm sorry. I'm still confuzed. I give up....

[hackerman]

Sorry, summary:

I got married to an EEA citizen and I want to know:

1. If applied as EEA for my son, can I apply next week as student dependant for him? Without changing my student visa.

2. Can I travel with my student visa as usual? although I am married to an EEA citizen.

3. Can I have any problem because I married abroad an European, while I am PhD student with visa for 4 years?

Thanks

[Directive/2004/38/EC]

What is your citizenship?

Are you living with your EEA spouse and are they currently working?

Will you be travelling together with your EEA spouse?

If you have a UK student visa, you can travel on it just as you could have before getting married.

[hackerman]

No, I travel alone.

I do work in Spain and she in UK. I also have scholarship for PhD studies till 2012.

The question arised because a person said that a student cannot marry EEA since it shows intentions to remain in UK. Put the point is that my partner attacks more than CR7 , so we committed with this without knowing that.

Anyway, I don't have in mind either to stay forever here or to change my student visa. I will apply as Tier 1 after my PhD viva in Spain.

Thanks

[Directive/2004/38/EC]

Will I have any problems to travel outside the UK since I travel almost every three weeks to Spain?

Can you be more specific about what problems you are wondering about?

It sounds like you have a Spanish visa so travel in Schengen should not be a problem.

Since you are married to an EU national who is resident in the UK, travel there can be easy. You should carry a copy of her passport and your marriage certificate. Why are you doing Tier1 rather than Residence Card? Do you already have some sort of UK visa?

[hackerman]

Ok thanks,

1. A guy told me I can be refused for entry clearance at airport since I am PhD Student and by marrying an EEA I shoe intentions to stay in UK.

2. I did not marry my wife for docs, so my personal plan has been to find these rights my self.

[Directive/2004/38/EC]

Are you from a country which normally requires a visa to enter the UK?

1. A guy told me I can be refused for entry clearance at airport since I am PhD Student and by marrying an EEA I shoe intentions to stay in UK.

That would be a problem if the only reason you got married was because you wanted to stay in the UK. If you are legitimately married to an EU citizen who is working (or otherwise exercising treaty rights) in the UK, you can pretty much NOT be turned away at the border. Though you should never need to show them, you should carry a photocopy of your marriage certificate and of your partner's passport (info page and any UK issued EU related certificates or stamps).

2. I did not marry my wife for docs, so my personal plan has been to find these rights my self.

I understand. Lots of people want to do it this way. But be aware that it can be a lot more hassle, a lot more money, and a lot slower to apply independently. You have the right to live and work in the UK already!