Any idea abt the law????????

[rakap2000]

I was on a working holiday visa to uk where i met my girlfriend but couldnot marry as i couldnot get the certificate of approval so i returned back to india.Now since my gf is a polish citizen who has got the residence permit in uk,am i eligible to apply for the fiance visa?I am confused as one time call the ukvisas they'll say yes u r eligible but next time they say sorry under european law there is no such category so u donot qualify and under immigration rules to uk she can't sponsor u as she don't have settled status. Don't know what to do,any ideas

[John]

Your relationship with your girlfriend .... talk more about that .... have the two of you lived together? If so for how long? How long have you known her? When do the two of you plan to get married?

[rakap2000]

She started to work with me in the same organisation in oct 2004 and we moved together in june 2005 and shared the apartment till feb 2006.We plan to get married once i'm in uk

[ppron747]

John will probably come back with a more detailed reply but in the meantime you might like to look at para 21.4.4 of the "Diplomatic Service Procedures" (=staff instructions) on the UKVisas website, which contains the following:

Fiancés or fiancées are not recognised under EC law. However, the UK decided to amended the Immigration Rules in 2002 to allow fiancés or fiancées of EEA nationals to enter the UK under the Fiancé(e) Rules. Previously an EEA national would only have been able to bring their Fiancé(e) to the UK under these provisions if they had settled status. The UK decided that for the purpose of these rules an EEA national who held a UK Residence Permit or registration certificate valid for 5 years would be able to bring their fiancé(e) to the UK. Proposed civil partners can also apply under this Rule.

A family permit should not be issued to the fiancés or fiancées or proposed civil partner of an EEA national. They would need to apply for the relevant entry clearance.