Marrying someone exercising treaty rights

britishrick · Post by **britishrick** » Thu Oct 01, 2009 11:10 pm

Hi all this is my first post,
I hope someone here will be able to help. I am a 23 year old british guy who is in a relationship with a 20yo bulgarian girl. she is currently living in the uk and working self employed as a cleaner. as she is exerising a treaty right does anybody know if we are able to get married in the uk. i believe it is possible but do we need a certificate of approval? im asking because if she is working self employed i think she has the right under eu law to stay indeffinately but it is not very clear. i know we will have to wait until she is 21 but can somebody please help me

Post by **Casa** » Fri Oct 02, 2009 9:30 am

Is she paying tax and NI on her self-employed earnings?

She will have to apply to the Home Office for a Certificate of Approval to marry. Wait for confirmation from others, but as an EU citizen she may well be exempt from the 'over 21' rule.

Post by **John** » Fri Oct 02, 2009 9:54 am

She will have to apply to the Home Office for a Certificate of Approval to marry.

Casa I am not sure that is right. Bulgaria is a member of the EEA and the UKBA website confirms that :-

The rules on certificate of approval do not apply to you if you:

* are a national of a country in the European Economic Area (EEA)

So britishrick, the two of you should go to the Register Office and give the needed "Notice of Intention to Marry", and proceed to get married. Her age here is not a problem. Normal rules apply, so given that she is 18+ she will not need to prove parental consent.

Post by **Casa** » Fri Oct 02, 2009 10:46 am

Thanks John. The caffeine hasn't kicked in yet this morning!

Post by **John** » Fri Oct 02, 2009 10:57 am

Casa, no problem.

britishrick, just to add to what I posted earlier, there is not an issue, as regards the marriage, about whether she is exercising EU Treaty Rights, or not. That is, say she was still in Bulgaria, but the two of you want to get married in the UK, she could just fly in, in the usual way.

Then, a standard requirement, nothing to do with her nationality, as soon as she has been resident at a particular address in the UK "for seven clear days before the notice is given", she could go with you to the Register Office to give the required Notice of Intention to Marry.

britishrick · Post by **britishrick** » Fri Oct 02, 2009 8:21 pm

thank you for your replies. i hope it is that simple. i was thinking the same thing about the eea citizen but it says who is not subject to immigration control.

The rules on certificate of approval do not apply to you if you:

* are a British citizen;
* are a national of a country in the EEA or the family member of a national of the EEA who has the right of residence in the United Kingdom;
* have a certificate of entitlement in your passport giving you the right to live in the United Kingdom; or
* are not subject to immigration contol

i mean does bulgaria fall into immigration control or not?? i know they can come here and live so i shouldnt see a problem. after all it is only working restrictions that apply to bulgarians.

also i believe as a spouse of a british citizen she would even be able to have full access to the labour market?? does either of you know anything on this matter

alinna · Post by **alinna** » Fri Oct 02, 2009 8:46 pm

britishrick wrote: i mean does bulgaria fall into immigration control or not?? i know they can come here and live so i shouldnt see a problem. after all it is only working restrictions that apply to bulgarians.

also i believe as a spouse of a british citizen she would even be able to have full access to the labour market?? does either of you know anything on this matter

Bulgaria doesnt fall under immigration control. Thats for sure. You can take a look on one of the HO forms, for example EEA2. you will find a list of countries who have the right to reside and work (with or without limitations) in the UK.

About the spouse of a british citizen, i am not sure but simply by marrying you i dont think she will have the right to work without restrictions. She will have to fill a form and apply for it, with you as her sponsor.

Post by **John** » Fri Oct 02, 2009 9:27 pm

britishrick, again, Bulgaria is an EEA country, and therefore its citizens do not need to apply for a CoA.

Following the marriage, will she have an unrestricted right to work in the UK? Have a look at this UKBA webpage. In particular there is a heading "Exempt from the worker authorisation requirement", and included in the list under that is "the spouse or civil partner of a British citizen or person settled in the United Kingdom". But being exempt and proving it are two different things.

In order to obtain proof of that your wife (as she will be) is allowed to be employed, she should use form BR1 to apply for a Blue Registration Certificate, about which :-

These certificates indicate that the holder can work in the UK without restrictions.. Blue Registration Certificates are issued to Romanian and Bulgarian nationals who are highly skilled, or are exempt from the requirement to obtain an Accession worker card.

britishrick · Post by **britishrick** » Fri Oct 02, 2009 9:40 pm

thanks again, john you seem to really know your stuff regarding eu law. i cant believe how much stress and worry you have lifted off my shoulders

thanks again and i will let you know how we get on

britishrick · Post by **britishrick** » Sat Oct 03, 2009 5:02 pm

just wondering also if they have any grounds to reject her for a blue registration certificate if she is my wife, i mean does anyone know of any case where they have denied the application. i mean if we provide all relevant documents then can they say no?

Post by **Obie** » Sat Oct 03, 2009 6:07 pm

She can only be rejected on ground of Public Policy (Serious Crime, or persistent criminality(included series of petty crimes), Public Health (which doesn't apply if she is already in the country) and Public Security (Terrorist, or membership of a terrorist organisation or glorification of terrorism).

She might also be refused, if there is evidence your marriage is one of convenience.

Based on the fact she qualifies for Blue Card through other Category ie her Self-Employed status, it is highly unlikely she will be rejected.

benbmxer · Post by **benbmxer** » Mon Oct 05, 2009 11:19 am

Hello everyone,
I went through all the pages of this forum and I am really happy to see all the cooperation we can get from all of you who share your stories and cases, thanks for that.

I don't know if my question fits in this topic but I'll be very grateful if I can get a piece of advice concerning my situation and EEA2 future application:
I am from Bolivia and currently in UK with a one year student visa that expires on Oct 30 2009. My wife is Italian and she is settled and working in UK. We got married in August 2009.
My problem is that I am finishing my studies and I need to go to France to present my thesis on Oct 30th (I've been studying in France and came to UK as an Erasmus student), but how am I supposed to travel to France if I'll have no passport after giving it to the HO for the EEA2?.

In the other hand, if I ever go to France without applying to the EEA2 yet, how am I supposed to get back to UK after Oct 30th if I'll have no valid document for UK anymore?.
Is it possible to get back to UK just by saying or showing somehow that I applied for an EEA2?

Please if someone could help me with some information or details of a similar situation you went through, it will be amazing.
Thanks in advance!!.
BEN

P.D: My wife would be travelling with me...

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

Marrying someone exercising treaty rights

Marrying someone exercising treaty rights

What to do?