EEA 2 - getting married after applying for partnership

[culka11]

Hi everyone,

Have been a long time reader of the forum, and hope you can help!

I'm a non-EU citizen, currently on a PSW visa, that expires soon - 3 weeks or so.

My EU boyfriend and I have been together for almost 3 years (in feb), and we were planning to get married; we gave notice but then acted too late - it turned out that there were no available times at the council where we registered before my visa runs out.

My question:

- We could apply as unmarried partners, but I have a full time job and rent to pay, and I'm worried I will end up with no right to work (like many people in similar situation on the forum). Would we be able to get married while my application was with the UKBA? Would this change anything? Is it even legal to do?

- Once we get married, could we supply the certificate of marriage to the UKBA?

- Am I right in assuming that at least technically, once we get married, I'm allowed to work as a spouse of an EEA?


Finally - and on a slightly unrelated issue - am I right in thinking that as with UK visas, as long as my application is sent before my PSW expires I'm on time (it doesn't matter when they receive it, as long as the date on the stamp is on or before the expiration date)?

Thanks a lot for reading and hope you can shed some light!

[Jambo]

- We could apply as unmarried partners, but I have a full time job and rent to pay, and I'm worried I will end up with no right to work (like many people in similar situation on the forum). Would we be able to get married while my application was with the UKBA? Would this change anything? Is it even legal to do?

You might need your ID to get married. If you are married, you obtain residence rights automatically. I believe this is legal.

- Once we get married, could we supply the certificate of marriage to the UKBA?

Yes.

- Am I right in assuming that at least technically, once we get married, I'm allowed to work as a spouse of an EEA?

Yes. Assuming your wife is exercising treaty rights. It also depends if your employer is happy with this without any proof from the HO.

Finally - and on a slightly unrelated issue - am I right in thinking that as with UK visas, as long as my application is sent before my PSW expires I'm on time (it doesn't matter when they receive it, as long as the date on the stamp is on or before the expiration date)?

No. EEA regulations are different from the immigration rules. There is no protection if applied in time. There are automatic rights (even without applying) to married partner. There are no automatic rights (so you must apply to obtain them) to unmarried partners. You would most likely become overstayer. However, this has no affect on the EEA application and once you are married you become legal again.

When is the marriage scheduled for? If this is just a few weeks from now. I would wait and apply as married partner. Applying before as unmarried (while the PSW is still valid) will not give you any protection and will only complicate the application (if you plan to send in a marriage certificate a few weeks later anyway).

[culka11]

Thanks for the quick reply Jambo!

(He would be my husband not my wife though:) And in full time employment so exercising treaty rights.)

The wedding is in early January - so about three weeks after my PSW runs out.

The issue is - I would be an overstayer during that time. Would that not influence my EEA application, and if I continued working wouldn't that be illegal?

I realise my OP wasn't clear enough - what I meant was could we supplement the unmarried partner EEA application with a marriage certificate (or would that just make things way to complicated)? Or would our unmarried partner app be helped if we included our notice?

Our idea was to apply as unmarried partners, then get married - so that (technically) it's all above board. (As we would most likely be married before I get my COA.)

Hope that makes sense - our logic that is.

[Jambo]

The issue is - I would be an overstayer during that time. Would that not influence my EEA application, and if I continued working wouldn't that be illegal?

The immigration history has no affect on EEA applications. If you are unmmaried and your PSW runs out, you are overstayer and your work is illegal.

I realise my OP wasn't clear enough - what I meant was could we supplement the unmarried partner EEA application with a marriage certificate (or would that just make things way to complicated)? Or would our unmarried partner app be helped if we included our notice?

Yes you can but it won't change things. As I said, under EEA regulations, there is no concept of applying in time to extend a previous status. Rights from EU law either derived automatically so it doesn't really matter when you apply (you are not even legally have to apply) or they are not derived automatically (unmarried couples) and the rights are given only when the HO issue the Residence Card (and not when you apply).

So even if you apply now as unmarried couple (while the PSW is valid), you will become overstayer when it would run out unless you have the Residence Card by then (chances are zero as it normally takes the HO several months to issue the Residence Card). Once you are married, you are legal again. Better wait and to apply as married (and get a CoA as married which will allow you to work).

Unless you have plans to apply under the long residence (10 years) for ILR, I would not be concerned over the few weeks of illegal stay.

[culka11]

thanks Jambo. Very bleak, but very clear!