Marriages abroad (outside EEA) recognised for Singh?

[rrrjjjmmm]

We're getting married in New York City (neither of us are Americans) in July, then we'll be going to Ireland where my British then husband will exercise treaty rights, and I will be an Aussie in Ireland on a Working Holiday Visa to keep the money trickling in. As our marriage is taking place in the US we are going to the British consulate when we're there to present our apostilled marriage certificate.

But I've just read something in the RIGHTS OF NON-EEA NATIONAL FAMILY MEMBERS OF EUROPEAN ECONOMIC AREA (EEA) NATIONALS (http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary), which concerns me a little if we were to use Singh as a means to move to the UK after 6-12 months in Ireland.

It states in section 2.5.1.

...

• If the family member is his/her spouse, the marriage took place, and the parties lived together in an EEA state, before the British national returned to the United Kingdom.

There's a crucial comma there after 'the marriage took place'. Am I correct to interpret that it means, the marriage has taken place prior to the application being placed? Or, is it saying that the marriage must take place in an EEA country?

I don't want to be arguing over micro-grammar and the ambiguities/clarifications of Oxford commas with the UKBA, so I just want to make sure that my initial interpretation is correct.

Thanks again, last questions, I promise!

[mrlookforward]

Am I correct to interpret that it means, the marriage has taken place prior to the application being placed? Or, is it saying that the marriage must take place in an EEA country?

It doesnt mean that marriage must or should take place in an eea country. If a marriage is recognised in the country it take place, then its valid in UK and Irish laws. To cut the long story short, you dont need to worry.

[Directive/2004/38/EC]

There is no requirement that the marriage happened in the EU. But the couple has to have exercised treaty rights in the EU before Singh applies.

[Ben]

we'll be going to Ireland where my British then husband will exercise treaty rights, and I will be an Aussie in Ireland on a Working Holiday Visa to keep the money trickling in.

Working Holiday Visa not required for the family member of a UK national resident in Ireland in conformity with the Directive.

[Directive/2004/38/EC]

we'll be going to Ireland where my British then husband will exercise treaty rights, and I will be an Aussie in Ireland on a Working Holiday Visa to keep the money trickling in.

What exactly will your husband be doing to "exercise treaty rights", but which will not also keep money coming in?

And I agree with Ben - you should just immediately apply for a Residence Card in Ireland using form EU1.

[Sharon67]

Hi, great forum. I have a question regarding the Singh route to enter the UK. I will be marrying my Indian fiancè in India shortly after which he will come to Italy on a schengen visa (I have been resident and working in Italy since 1998). Eventually I would like to move back to the UK, about a year after the marriage. (to be honest I had wanted to move back to the UK a long time ago but as I see the immigration rules are difficult for Indian spouses to enter the UK I had decided against it).

Under EEA rules am I considered the same as an Italian entering the UK with a non EU spouse? Do I apply for the EEA family permit in Rome at the British Embassy? If this is issued and we come to the UK what sort of residence permit does my future husband have to apply for, the same residence permit for family members of EU citizens? Most important though, if I entered the UK under EU law does this mean my partner couldnt apply for indefinate leave to remain until after 5 years? What rights would we to take out a mortgage for instance. Many mortgage companies want the borrower to have indefinate leave to remain in the UK.

Thanks in advance for your help.

[Directive/2004/38/EC]

I will be marrying my Indian fiancè in India shortly after which he will come to Italy on a schengen visa (I have been resident and working in Italy since 1998). Eventually I would like to move back to the UK, about a year after the marriage.

You do not really need to be in Italy for a year before moving back to the UK. But that is also fine to do.

Under EEA rules am I considered the same as an Italian entering the UK with a non EU spouse?

You have free movement rights in the EU on your own so it does not matter. But your husband would be treated as if he were the husband of an Italian (or German or Dane or...) in coming to the UK. Specifically you (as EU person) will need to be moving to the UK to work or study.

Do I apply for the EEA family permit in Rome at the British Embassy?

Yes, that is the easiest thing to do.

If this is issued and we come to the UK what sort of residence permit does my future husband have to apply for, the same residence permit for family members of EU citizens?

He applies for a Residence Card for the family member of an EU citizen.

Most important though, if I entered the UK under EU law does this mean my partner couldnt apply for indefinate leave to remain until after 5 years? What rights would we to take out a mortgage for instance. Many mortgage companies want the borrower to have indefinate leave to remain in the UK.

Technically your husband would not have permanent residence for 5 years. (EU citizens and their spouses never get "indefinite leave to remain" as such). But there is nothing that either of you need to do or apply for in the next 400 years in the UK after you have a Residence Card. Just as an EU citizen from France can get a mortgage, so can you. If you have any problem getting a mortgage because you do not have "ILR", you should contact Solvit

[Sharon67]

Dear Guru

Thanks a lot for the information which is very useful, especially as the British embassy in Rome (from what I have hear on Italian forums) always tries to refuse EEA permits whenever possible. I'll make sure I always have a printed copy of EU directive to hand.

Thanks again

[wet26]

I'm Australian, met and lived with my British boyfriend for 20 months in Spain, flew to Vegas and got married (i would suggest this rather than NYC for the fun factor!). No need to get an apostille, it's not required. Just get the original marriage certificate from the county court house.

Once you are married you don't need any WHM visa to live in Ireland.

You and your husband need to live together and he needs to work in Ireland (assuming you don't already live in the EEA) for six months for the Singh ruling to apply.