Non EU family member of EU citizen! Over 21 RULE! HElp plz!!

mandrix_007 · Post by **mandrix_007** » Mon Sep 28, 2009 10:47 pm

Hi,

My girlfriend is 20 years old. We are living togather for almost 3 years now in UK and are planning to get married. I am a NON EU citizen at the moment with a student VISA in UK !!

As we are planning to get married I wanted to change my Visa status under the EU family member rule! Now the main question,

I know all the other rules the only question I have is that,

" Does the over 21 rule apply to a EU citizen aswell?????? "

(Fingers crossed I hope the answer is no!! :X:( )

Rozen · Post by **Rozen** » Mon Sep 28, 2009 11:01 pm

mandrix_007 wrote: " Does the over 21 rule apply to a EU citizen aswell?????? "

NO, it doesn't.

mandrix_007 · Post by **mandrix_007** » Mon Sep 28, 2009 11:27 pm

Thankyou sooo much for replying!!

Just to make it clear that 21 year old marrige law does not apply to EU citizens when they apply for residence cark for their NON EU partner IN UK??

Rozen · Post by **Rozen** » Mon Sep 28, 2009 11:35 pm

mandrix_007 wrote:Thankyou sooo much for replying!!

Just to make it clear that 21 year old marrige law does not apply to EU citizens when they apply for residence cark for their NON EU partner IN UK??

No it does not, as you are applying under EU regulations, and not under UK national law; for which you would both be required to be at least 21. In this case the age restriction does not apply, AFAIK.

mandrix_007 · Post by **mandrix_007** » Mon Sep 28, 2009 11:39 pm

Thanksyou for your help and fast reply .

Is there anyone else who would like to shed some light on this topic??

Wanderer · Post by **Wanderer** » Tue Sep 29, 2009 10:37 am

mandrix_007 wrote:Thanksyou for your help and fast reply . :)

Is there anyone else who would like to shed some light on this topic??

Why, don't you believe the answers?

mandrix_007 · Post by **mandrix_007** » Tue Sep 29, 2009 10:51 am

I believe the answers.. but she wrote AFAIK at the end, so I just thought maybe someone else can be sure...

eldane · Post by **eldane** » Tue Sep 29, 2009 4:10 pm

Your answers when I asked that question were far from firm and fast so I did some digging and the it appears the 21 years rule does stand for EU citizens. See the thread I created on the subject http://www.immigrationboards.com/viewtopic.php?t=40134

Best regards,
Michael

dublin3 · Post by **dublin3** » Tue Sep 29, 2009 6:35 pm

Rozen was ryt he/she doesn't have to be over 21.

eldane · Post by **eldane** » Tue Sep 29, 2009 6:39 pm

Council Directive 2003/86/EC (http://eur-lex.europa.eu/LexUriServ/Lex ... 018:EN:PDF)
Chapter 2, Article 4, paragraph 5

5. In order to ensure better integration and to prevent forced marriages Member States may require the sponsor and his/her spouse to be of a minimum age, and at maximum 21 years, before the spouse is able to join him/her.

86ti · Post by **86ti** » Tue Sep 29, 2009 6:56 pm

eldane wrote:Council Directive 2003/86/EC (http://eur-lex.europa.eu/LexUriServ/Lex ... 018:EN:PDF)
Chapter 2, Article 4, paragraph 5

5. In order to ensure better integration and to prevent forced marriages Member States may require the sponsor and his/her spouse to be of a minimum age, and at maximum 21 years, before the spouse is able to join him/her.

Sponsor means here a third country national. The OP, however, wants to marry an EEA national obviously.

eldane · Post by **eldane** » Tue Sep 29, 2009 7:06 pm

When I invite someone, irespectively of nationality, to visit me or study in th UK I (living in and being UK national) am the sponsor.
The person I invite will be the sponsored not the sponsor.

Never the less, the text says: ..require the sponsor and his/her spouse to be of a minimum age, and at maximum 21 years

Hence the sponsor and his/her spouse must fulfil the criteria. Not one of them, but both of them.
This criteria is used extensively in Danish immigration law and was in fact introduced under heavy presure on the EU comission by the Danish goverment. The fact is that the Danish goverment would like to have seen that the same age limit that is used in Danish National immigration law, which is 24 years, was the lower limit in EU law but they were unable getting this across.

mandrix_007 · Post by **mandrix_007** » Tue Sep 29, 2009 7:21 pm

Ok.. now im confused

one person says yes and the other says no

...

Anyways.. Just to make things clear again.. Im already in London..

86ti · Post by **86ti** » Tue Sep 29, 2009 8:08 pm

eldane wrote:When I invite someone, irespectively of nationality, to visit me or study in th UK I (living in and being UK national) am the sponsor.

Article 2(c) and 2(d) define sponsor and family members clearly as third country nationals. This Directive does not apply to EEA nationals. The OP seems to believe that the EU route is applicable to him/her. Mandrix_007, what is the nationality of your future spouse?

mandrix_007 · Post by **mandrix_007** » Tue Sep 29, 2009 8:10 pm

Lithuanian

86ti · Post by **86ti** » Tue Sep 29, 2009 8:13 pm

mandrix_007 wrote:Lithuanian

Then the basis is Directive 2004/38/EC and its UK implementation. Neither mention an age limit. If 21 is indeed the lower limit it must have been defined somewhere else.

mandrix_007 · Post by **mandrix_007** » Tue Sep 29, 2009 8:18 pm

So 86i according to you...

Even if my Girlfriend is 20 I can apply for EEA2 after we get married?

86ti · Post by **86ti** » Tue Sep 29, 2009 8:31 pm

mandrix_007 wrote:So 86i according to you...

Even if my Girlfriend is 20 I can apply for EEA2 after we get married?

Sorry, I do not know.

(Being cheeky, I could suggest to just apply and find out. Given the current timelines of EEA2 applications she may be well 21 before a case worker sees the application...

)

mandrix_007 · Post by **mandrix_007** » Tue Sep 29, 2009 8:33 pm

She will be 21 in april next year..

So does it take that long for them to decide an application?? I have just applied for COA so that we can get married.. I guess I will be applying for EEA 2 as soon as I get the marrige certificate which might be in December mid or end..

86ti · Post by **86ti** » Tue Sep 29, 2009 8:51 pm

That was not intended as proper advice! Check the following thread. Maybe you find more details there.

http://www.immigrationboards.com/viewto ... ++marriage

Immigrationboards.com: Immigration, work visa and work permit discussion board

Non EU family member of EU citizen! Over 21 RULE! HElp plz!!

Non EU family member of EU citizen! Over 21 RULE! HElp plz!!

Re: Non EU family member of EU citizen! Over 21 RULE! HElp p

Thanks for replying!!

Re: Thanks for replying!!

Thankyou Rosen!!

Re: Thankyou Rosen!!

I am slightly confused...

over 21

Good so perhaps you can explain the following directive

Re: Good so perhaps you can explain the following directive

Hang on, hang on...

Re: Hang on, hang on...