Uk Fiance Visa with an EEA National

DieselD · Post by **DieselD** » Thu Feb 23, 2012 8:52 am

Hello all

We established our relationship just over a year ago but she was my girl friend a few years ago and we lost touch. I have lived with her in a marriage type relationship for 5 months in the UK when we became engaged and I decided to relocate to the UK and live together. I returned back to my country and now a few months later am applying for settlement as a fiance.

I am a non EEA national living outside the UK. She was born in the UK but holds and Irish passport. Making her an EEA national. She has lived in the UK and worked there as a professional within the NHS and registered with the General Medical Council for 19 years. Last few years working as a self employed person within her profession. She doesn't have an EEA stamp in her passport since she is allowed to work and reside in the UK.

My problem is that since she doesn't have that stamp, does it mean she is not settled in the UK. Therefor this would result in a visa refusal. All her utility bills have her name and address on as proof of where she lives. She is buying the house but don't have mortgage statements. I do have 2011,12 council tax. She can get a letter from a solicitor swearing she lives in the UK.

My second problem is that I am applying as a fiance living outside of the UK but do not yet have the Decree Absolute. My divorce is settled out of court and on the unopposed roll in court. This means within the next 2 months I will have the Divorce Certificate. I have a letter from my solicitor showing the above as being in an advanced stage. Would this be a cause for visa refusal since I am not yet free to marry. From my interpretation is that a fiance must have the Decree Absolute at the time of registering the wedding ceremony inside the UK.

Any help would be appreciated.

Post by **Lucapooka** » Thu Feb 23, 2012 9:14 am

Whether she classes herself as an EEA national living in the UK, or a UK citizen, either way you will have to apply for a fiancee-settlement visa the under paragraph 290 of the UK immigration rules. When you are married you may then apply for FLR(M) under UK rules or a residence card under EEA rules.

It is permitted to apply for the visa if you have the decree nice and are the absolute is expected to emitted in a reasonable time (within the period of the fiancee visa).

SET1.17 What if the divorce / dissolution process is not yet finalised?
An entry clearance should not be refused for this reason alone. The ECO would normally expect to see evidence that the divorce / dissolution proceedings are well under way.

While the divorce / dissolution may well come through within the 6-month Leave to Enter (LTE) period, thereby enabling the couple to marry, the ECO should be aware that divorce / dissolution proceedings may take longer than 6 months to resolve.

Should one of the partners still be waiting for a divorce / dissolution to come through at the end of the 6-month LTE period, they may apply to the UK Border Agency for an extension of stay. Once married, the applicant may then apply for Leave to Remain (LTR) as a spouse.

Post by **vinny** » Thu Feb 23, 2012 9:25 am

Has she lived/worked in any other EEA country, apart from the UK?

DieselD · Post by **DieselD** » Thu Feb 23, 2012 9:32 am

Are you saying by the fact that she lives in the UK as an EEA national without a residency stamp, that the UKBA will accept and grant a me a fiance visa.

She is thinking of getting a British passport but that will take 6 weeks and I want to apply this week.

Post by **Lucapooka** » Thu Feb 23, 2012 9:49 am

The real question is the one that Vinny has asked. If she has not lived and worked outside the UK, your visa application will only be classified under UK rules (not that it matters as it's the same visa application in either case). It's not mandatory for the UK citizen sponsor to provide a passport; other documents (BC for example) can stand for that requirement.

Post by **Lucapooka** » Thu Feb 23, 2012 9:50 am

The real question is the one that Vinny has asked. If she has not lived and worked outside the UK, your visa application will only be classified under UK rules (not that it matters as it's the same visa application in either case). It's not mandatory for the UK citizen sponsor to provide a passport; other documents (Birth certs for example) can stand for that requirement.

DieselD · Post by **DieselD** » Thu Feb 23, 2012 9:57 am

She was born in the Uk and moved to Ireland when she was 9. After medical degree she moved to the UK and has basically done 19 years of work in the UK. Is now a partner in a practice but works as self employed. Meaning she does after hours work as a locum in different locations. Since she never needed the EEA stamp she didn't bother. The EEA website says it takes up to 6 months to process and EEA resident stamp or certificate. So since she was born in the UK she is thinking of having a British Passport. I am just worried that she will be assumed as not settled in the UK without the EEA stamp.

Post by **vinny** » Thu Feb 23, 2012 10:21 am

See also I Have an Irish Passport, Been in UK for 25 Years, Question.

Moreover, (unless her parents were foreign diplomats)
If she was born prior to 1983, then she is automatically British.
Else, if her parents were Irish, then she is also automatically British.

DieselD · Post by **DieselD** » Thu Feb 23, 2012 10:24 am

Thanks for the help. I will go ahead and apply.

DieselD · Post by **DieselD** » Sat Feb 25, 2012 11:06 pm

I have one last concern. The adequate accommodation section on the Visa application I said my fiance lives in a 5 bedroom house with her 2 children. I did not get an inspection report to prove the size of the house. My fiance did a sworn affidavit with her solicitors stating that she lives in a 5 bedroom house.

She is a GP and earns 100 000 annually.

Would they assume that since she is a GP that she can afford to have a mortgage on a 5 bedroom house or is a separate accommodation report essential?

Post by **Lucapooka** » Sat Feb 25, 2012 11:24 pm

Forget about accommodation reports. They are useful and aid clarity in situations where the accommodations are a home of multiple occupancy (HMO) and where the residents are not related or part of one family unit (sort of like a lodging house or student flats); even then these reports are not mandatory and other evidences can often suffice. This is clearly not the case in her situation and the solicitor letter sounds like it will be suitable if she can't produce the title deeds or mortgage agreement.

DieselD · Post by **DieselD** » Fri Mar 09, 2012 5:36 pm

I was born in Zimbabwe and married my wife also Zimbabwean. Both of our parents were born in South Africa and so we became South African citizens and moved to South Africa. When becoming a South African you are given a South African birth certificate. That then allows you to get a South African passport.

On my fiance visa application I stated I was once a Zimbabwean but now South African. I lost my old Zimbabwean passport and stated lost but not reported to police. When I submitted documents I only submitted my South African birth certificate and not my Zimbabwean.

Would the ECO only take my settlement from my present nationality or want my Zimbabwean birth cert. If so is there a way to submit documents to the British Embassy to support my application which is under process?

Post by **Lucapooka** » Fri Mar 09, 2012 9:20 pm

You don't need to provide a birth cert for a fiancee visa application.

DieselD · Post by **DieselD** » Sat Mar 31, 2012 11:01 am

Fiance Visa success took 16 working days from application date with biometrics done at the same time to collection.

Now my fiance has both and Irish passport with a EEA stamp and a British Passport. Which passport is better for me when I apply for FLR and later ILR?

Post by **vinny** » Sat Mar 31, 2012 11:17 am

British.

DieselD · Post by **DieselD** » Sun Apr 01, 2012 9:08 am

I have just noticed that my fiances Original Decree Absolute and Notarized copy of her passport were not returned.

Is it normal for documents to be lost?

How can I recover the documents especially the Decree Absolute?

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Uk Fiance Visa with an EEA National

Uk Fiance Visa with an EEA National