Right of residence after marriage

[Luuno]

Hey people,

i was wondering something, i know the spouse of a EU member have the right to live with them through out europe.

Me and my fiance want to marry in the UK while i intern there, i know that after marriage she has the right to live with me.

does this mean we can apply her for a Visit to marriage visa, and once we get married, she can apply for a EEA 2 residence card?

i know the marriage visa says that you have to leave country after the 6 months, but i am Dutch and got the right to live in the UK and she would too if we are married am i correct?

Thanks in Advance


(EDIT: here the link to my previous post for the full context Previous post

[Jambo]

It is worth linking to your previous post to give the full context.

The tricky part is that although once she is married, she is allowed to stay, marriage visitor visa is intended for people who would leave the UK. So the issue might be convincing the ECO that she will not stay in the UK for more than 6 months. If they suspect her intentions are different (and she is just trying the save the cost of a fiancée visa), she might get refused.

[Luuno]

Thank you Jambo! i did it in an edit,

do you know if there is a surten time between leaving the UK and applying for a family permit?

lets say we apply my fiance for a marriage visa, we go to the UK and get married, she leaves the country, stays at my parents in holland untill we apply for a family permit.

or does there need to be a time in between leaving the country and allowing to apply again?

thank you so much for your help

[Jambo]

There is no time limit. Also there is no need for her to leave the UK as she doesn't need a Family Permit if already in the UK.

If she is granted the visa, it is all good. Once you are married, she can stay.

What I stated is that when applying for a marriage visitor visa, she will need to convince the ECO that she will not stay by providing evidence to support that claim (such as your plans to leave the UK once your internship is over). If later, she doesn't follow that (as she is a spouse of EEA national), that's should not affect her status in the UK (or her application for a Residence Card).

[Luuno]

I found a statement on internet provig this method can be used
And what we do is nothing illegal?

"If your partner has an EU passport: Marriage here entitles an applicant to apply for initially a 6 month visa which can then be extended for a further 5 year period. The major benefit here is that there are no UK government fees (indirectly saving you R10 000).
"
Here is the link of the source:

http://www.moveup.co.za/ukvisas.html

I just want to be sure what we do will work ( if they grand
Us her visa then we are already in the clear)
And what we do wouldnt get us in trouble

[Jambo]

The link talks about applying under the EEA regulations as a partner of EEA national. The 6 month "visa" is the EEA Family Permit. However to be eligible for that you either need to be married or in durable relationship (which means UKBA would expect you to have been living together for 2 years as unmarried couple).

It is not relevant to your case.

[Luuno]

Ah ok, my bad thank you for clearing that up,

So basicly what needs to be done is appy for a visit for marriage visa
State that we intent to leave uk at the end of her stay
Or my internship ( aslong as its within the 6 months)

Once we get it granded we are basicly save, it is smart to
Enclosure a letter where i state i provide for her and we intent
To leave country within 6 months, any tips on this or the
Procedure?

Thanks in advance