Tourist then marriage?

[CondorVilla]

Hi,

My Chilean boyfriend and I want to get married in Europe (possibly France but have not decided yet) and then live in the UK. As I undertand it Chileans don't need a visa to enter France (or the UK) as tourists.

Let me preface this by saying that we are not trying to avoid getting the necessary paperwork, I'm just trying to see what makes the most sense.

I am an EEA citizen (not UK or France) so my question is:

- if we wanted to get married in the UK, for example, could my boyfriend enter as a tourist, we could get married, and then he can stay?
- Would we still need to get the EEA Family Visa?
- Would it be suspicious?
- What paperwork/visa/process should we go through so that it is not a legal problem (if we choose to get married in the UK)?
- If we choose to get married in another EEA country, does he need to return to Chile while the EEA Family Visa is being processed?

Thanks for any help!

[fhumbert]

Hi,
I you want to marry in the UK, you'll have to obtain permission from the Home Office first. The application carries a hefty fee.
It's best to get married outside the UK.

If you want to come to the UK after the wedding, that is fine, but you (the EEA national) will have to exercise treaty rights in the UK. Is this what you are planning to do ? Or are you already in the UK working ? If you are, all you need to do is apply for a family permit for your husband and he can then enjoy the same rights as you.

[86ti]

First you would need to make sure if and under what conditions you can marry in another (member) state. Regards the UK you have already got the answer.

Second, there is no such thing as a 'EEA Family Visa'. To enter the UK as a family member an entrance clearance in the form of the EEA family permit is formally required (although a non-Visa national could also enter without one in practice). To stay in the UK there are no further formalities but you can apply for a residence card if you wish so. But in any case you will need to exercise treaty rights as mentioned.

http://www.ukvisas.gov.uk/en/ecg/eunationalsschemes/
http://www.ukba.homeoffice.gov.uk/eucit ... ropeanlaw/

[mcovet]

The Certificate of Approval Scheme will soon be scrapped, and there are NO FEES at all to apply, it has been suspended.

http://www.ukba.homeoffice.gov.uk/while ... documents/

Thus, if your relationship is genuine you will most likely get it, UKBA will not be infringing the Human Right to marry anymore, soon to be scrapped altogether.

Once you get the COA, you will give notice to the registrar, and you have lived at the same address for 15 days (presumably as you'll have to wait for the COA application outcome.

If you wait even longer, the COA will be scrapped altogether, so the only requirement left would be to have lived at the same address for 2 weeks and other formalities, the registrars would report sham marriages during the process if they suspect anything.

As regards you exercising treaty rights. Your first 3 months in the UK, you don't need anything, after that you'll have to do one of the following:

1) work or be self-employed (mind you, if you're from an A8 country, you also need to register with WRS scheme, if decide to be employed/worker)
2) be student
3) be self-sufficient

2&3 you also need to have comprehensive sickness insurance for yourself and your family members (your spouse if you do get married)

Hope this helps, I dunno the process in France

Hi,
I you want to marry in the UK, you'll have to obtain permission from the Home Office first. The application carries a hefty fee.It's best to get married outside the UK.

[CondorVilla]

First you would need to make sure if and under what conditions you can marry in another (member) state. Regards the UK you have already got the answer.

Second, there is no such thing as a 'EEA Family Visa'. To enter the UK as a family member an entrance clearance in the form of the EEA family permit is formally required (although a non-Visa national could also enter without one in practice). To stay in the UK there are no further formalities but you can apply for a residence card if you wish so. But in any case you will need to exercise treaty rights as mentioned.

http://www.ukvisas.gov.uk/en/ecg/eunationalsschemes/
http://www.ukba.homeoffice.gov.uk/eucit ... ropeanlaw/

Right, I meant the EEA Family Permit, not the visa, thanks!

[CondorVilla]

Hi,
I you want to marry in the UK, you'll have to obtain permission from the Home Office first. The application carries a hefty fee.
It's best to get married outside the UK.

If you want to come to the UK after the wedding, that is fine, but you (the EEA national) will have to exercise treaty rights in the UK. Is this what you are planning to do ? Or are you already in the UK working ? If you are, all you need to do is apply for a family permit for your husband and he can then enjoy the same rights as you.

Hi,

No, I don't have a job yet, we are currently living in Peru and are planning on marrry/moving in somewhere between 6-12 months.

If the relationship is genuine is it hard to get the family permit? I've read various things and I'm confused as to how many documents they require - some say almost none, others say a ton. After learning about the US visa process I have a hard time believing that the family permit is easy to get?

[86ti]

For the formal procedure please go through the first link I gave you. Many problems that typically arise with the EEA FP is because the UKBA can't play fair game.

Since you will have been married for a rather short period of time when you apply (your husband could try to enter the UK without as he is not a visa national) you may better include proof of your previous relationship, preferably for about 2 years.