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Can I apply as a non EEA2 member?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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jjoell23
Newbie
Posts: 33
Joined: Mon Sep 28, 2009 8:59 pm

Can I apply as a non EEA2 member?

Post by jjoell23 » Sat Jan 07, 2012 8:00 pm

Please advise,

My friend he, is on study visa living in uk since June 2010. His student visa will expire in Dec 2013.

His girl friend living in uk since 2 years and working full time since 1 year. She is an EEA national.

Can My friend apply as a non EEA2 family member. however, they has been living togather since last two months. They planning to get married in March 2012.

Can you please assist that he has to wait for 2 years living togather to apply for EEA residence card?? or can he apply before?

Look forward to hear from your valueable advice.
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John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Sat Jan 07, 2012 8:18 pm

Once the two of them are married he will be a family member of an EEA Citizen who is exercising Treaty Rights in the UK, so he will then be able to submit a form EEA2 to get a Residence Card.
John
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jjoell23
Newbie
Posts: 33
Joined: Mon Sep 28, 2009 8:59 pm

Post by jjoell23 » Sat Jan 07, 2012 9:22 pm

Thanks John
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DestinyChild
Newbie
Posts: 44
Joined: Fri Jun 17, 2011 7:34 pm

Post by DestinyChild » Sun Jan 08, 2012 12:52 pm

jjoell23, your friend can apply for a Residence Card ( EEA2 ) after he marries his EEA Girlfriend. The UKBA might ask for proof of cohabitation and other documents that will prove that it not a Sham Marriage. That is the area where you have to be careful. Since your friend's Student Visa expires in 2013, he should not fret too much. He should cohabit with his woman for about 5 Months more before they send his EEA2 Application in. They would both have more documents and evidence in their names then. I don't foresee your friend having problems because he is legal in the UK. I wish him the best.
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jjoell23
Newbie
Posts: 33
Joined: Mon Sep 28, 2009 8:59 pm

Post by jjoell23 » Mon Jan 09, 2012 8:32 pm

Thanks all of you for your valuable advice.

Just realised that his girl friend is 19 years old and I believe they can't get married in UK?

If they get married abroad e.g. Dubai etc would UK immigration accept this?
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John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Mon Jan 09, 2012 8:48 pm

Just realised that his girl friend is 19 years old and I believe they can't get married in UK?
Why? If she is 19 then she is an adult, and can decide for herself whether to get married.
John
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Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Mon Jan 09, 2012 9:03 pm

@John, I think he got confused by the (now overturned) age restriction for spouse visa which used to be 21.


@jjoell23 - if already in the UK, you can get married if you are over 18 (or over 16 with parents' consent).
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nonspecifics
Member of Standing
Posts: 372
Joined: Mon Jun 27, 2011 4:08 pm

MARRIAGE

Post by nonspecifics » Mon Jan 09, 2012 11:04 pm

Scotland has a different legal system.

In Scotland you can marry at age 16 without parental consent.
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jjoell23
Newbie
Posts: 33
Joined: Mon Sep 28, 2009 8:59 pm

Post by jjoell23 » Sat Jan 14, 2012 12:51 pm

Thanks all of you guys. Seems very straight forward.
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