Switching from Post-study work visa to EEA spouse visa

[rosemarygk]

Hello,
I am currently working in the UK on a post study work visa (expires in Feb 2011) and am planning to marry my EEA national boyfriend in December this year. The wedding will take place in India as my family is there. I would be really grateful to have some advice on a few things. My questions are:

1. Should I switch from the post study work visa to the EEA family permit visa from the UK or from India? Is it reasonable to expect the visa to be processed in a week or so from India after the wedding in December so that I can travel back to the UK with my husband? Or is it better that I re-enter the UK on my post-study work visa and apply for the family permit visa from the UK before the post study visa expires in Feb 2011?

2. We also considered registering the wedding in the UK in September 2011 so that I have a marraige certificate in hand and can begin the visa process. (The procedures in India need both of us to be present in person to submit a 30 day notice, which is impossible owing to our work commitments). Will the fact that the marraige certificate is dated for September 2010 affect my application when I make it in January 2011?

3. If we marry in the UK in September and live apart till December (we currently live in different cities, I would like to complete my work contract which ends in December), will that be considered a doubtful marraige of convenience? If we prove that we see each other every weekend, will this help or am I just creating problems for myself by marrying and living apart for a few months?

Any insights on these would be appreciated, thanks very much!

[AnnaS]

Hello,

I'm not a consultant so this advice is strictly personal experience:

1. As far as I'm aware a Family permit can only be applied for from outside the UK (i.e. your home country)

"... can apply for the EEA Family Permit at any British mission overseas that offers a full service visa-issuing office." (http://www.ukvisas.gov.uk)

It will give you a right to live/work in UK for six months. However once married to an EU national who is working in UK you also have automatic right to work. In theory a residence card only confirms that but in practice it is needed for most employers to prove right to work. Once you apply for RC and receive your Certificate of application, it can also be used to prove right to work while the application is being processed.

In terms of living apart. Other people may know better if this is likely to be an issue. If possible submit supporting evidence, (i.e. photographs, correspondence between the two of you, evidence of trips taken together: just as example)

The way I see it, you can apply for EE2 straight after being married as long as your EU husband is exercising his treaty rights in UK. Having the FP first may make things a bit easier (proving right to work) but is not necessary in this case. I advise to read up on these things before making a final decision.

Good luck!

[rosemarygk]

AnnaS, thanks very much for your reply, its cleared up my confusion between FP and EEA2 visas. So my options now are either to apply for the EEA2 in September 2010 after we register the marraige in the UK and provide plenty of evidence that we meet and speak regulary.
My other option is to re-enter the UK in January on my existing post-study work visa and apply for the EEA2 visa. Will this be alright considering that my employment contract would have ended by then? Or is it safer to apply for the family permit from India before re-entering the UK?

If anyone else has any information about living apart after marrying for a couple of months, I would be very grateful for your advice on it.

[kashijee]

Hi RoseMary I think if you get married in the uk no need to mention anywhere that both of you living seprately. you only need to send them your marriage certificate and your partner is exercising treaty right by either Employment , Self Employed , Student with self sufficent or Self Sufficent with Comrehensive Medical Insurance and its better if you send HO some proof of Address as well

[AnnaS]

AnnaS, thanks very much for your reply, its cleared up my confusion between FP and EEA2 visas. So my options now are either to apply for the EEA2 in September 2010 after we register the marraige in the UK and provide plenty of evidence that we meet and speak regulary.
My other option is to re-enter the UK in January on my existing post-study work visa and apply for the EEA2 visa. Will this be alright considering that my employment contract would have ended by then? Or is it safer to apply for the family permit from India before re-entering the UK?

If anyone else has any information about living apart after marrying for a couple of months, I would be very grateful for your advice on it.

Yeah this stuff is confusing. Basically it all depends on when you intend to work.

For the EEA2 application you will need to wait for them to send you a certificate of application before having something to show to employers (it can be anything between 3 and 6 weeks before they send it) However if you come to UK with an FP you will be able to use it right away and then make the application. Its up to you and what your circumstances are.

As far as re-entering on a post-study work visa, I can't say for sure but when I had this type of visa they never actually checked anything, (i.e. my employment) as you could be 'looking for work' on this type of visa. However this was more than a year ago and things might have changed.