EEA EFM or Fiancee Visa

[noajthan]

One of the steps in processing a RC application is to validate the relationship.

A RC could be refused if the marriage (on the back of a UK marriage visa with a commitment to not settle) is seen as an attempt to abuse EEA regulations in order to reside in UK.

The acid test is to apply and see what happens.

[secret.simon]

A RC could be refused if the marriage (on the back of a UK marriage visa with a commitment to not settle) is seen as an attempt to abuse EEA regulations in order to reside in UK.

The acid test is to apply and see what happens.

I don't think an RC can be refused, even in case of deception. EU law is very black-and-white. It does not take human faults into account.

[secret.simon]

thinking.......

i have one more question Sir,
do i have to apply for Schengen Visa to Hungary (where my husband is from), we'll travel together and planning by June for 1 week or 2 to visit the family

Don't overthink. What is done is done and one has to live by the consequences. Thinking should precede planning, not follow the action.

Yes, you will need a Schengen visa if you do not have an RC in hand when you travel to Hungary. If you have an RC, I do not believe that you need a Schengen visa.

[Casa]

You may be questioned by Border officers on your entry into the UK about the Marriage Visitor visa. Do you have your marriage certificate?

[Richard W]

if i push through and apply for RC let say next week, and my Marriage Visit visa end July 8,2016..do i have the right to stay YES or NO? cause im in the process of applying RC, and might go to Hungary in his country for 1 week vacation, is that possible?

Assuming your marriage is a genuine marriage, you have the right to stay in the UK with your husband, whether or not you apply for a RC.

It will take 5-6 months to get your RC. Once you get that, travel with your husband within the EEA should be easy. Until then:

a) For direct travel to Hungary, you will probably need a visa. I'm not sure if a visa obtained at the French border because you're travelling with your Hungarian husband will be valid for Hungary.

b) A flight to the UK will not be possible after 8 July. On the other hand, if you can reach the British border on the continent, you will be able to enter by presenting your husband and your marriage certificate.

My expectation is that the first problem you will hit is that your CoA will not carry the right to work. I would be surprised if you were removed for 12 months for using deception to become a family member.

If you and your husband hope to stay together for the rest of your lives, then your marriage is a genuine marriage. However, there are ladies who use a European husband simply as a way of getting to Europe, and there are European men who marry foreign prostitutes aiming to live off their earnings in Europe, while she thinks she has escaped that life. Both the first and the second are formally counted as marriages of convenience. The local Thai sisterhood swung into action when there was an instance of the latter in my area a few years ago.

[secret.simon]

@Richard W
I would be careful with language. While you are being illustrative, the last paragraph of your post could easily be misconstrued.

My expectation is that the first problem you will hit is that your CoA will not carry the right to work.

Why would you expect a COA with no right to work? As the direct family member of an EEA citizen, would she not get issued a COA with right to work automatically?

[Casa]

if i push through and apply for RC let say next week, and my Marriage Visit visa end July 8,2016..do i have the right to stay YES or NO? cause im in the process of applying RC, and might go to Hungary in his country for 1 week vacation, is that possible?

Assuming your marriage is a genuine marriage, you have the right to stay in the UK with your husband, whether or not you apply for a RC.

It will take 5-6 months to get your RC. Once you get that, travel with your husband within the EEA should be easy. Until then:

a) For direct travel to Hungary, you will probably need a visa. I'm not sure if a visa obtained at the French border because you're travelling with your Hungarian husband will be valid for Hungary.

b) A flight to the UK will not be possible after 8 July. On the other hand, if you can reach the British border on the continent, you will be able to enter by presenting your husband and your marriage certificate.

My expectation is that the first problem you will hit is that your CoA will not carry the right to work. I would be surprised if you were removed for 12 months for using deception to become a family member.

If you and your husband hope to stay together for the rest of your lives, then your marriage is a genuine marriage. However, there are ladies who use a European husband simply as a way of getting to Europe, and there are European men who marry foreign prostitutes aiming to live off their earnings in Europe, while she thinks she has escaped that life. Both the first and the second are formally counted as marriages of convenience. The local Thai sisterhood swung into action when there was an instance of the latter in my area a few years ago.

I think out of respect for Calyn, we should disregard the last paragraph to avoid any offence that this is relevant to this situation...even though I'm sure this wasn't intended.

Edit: Beaten by secret.simon

[Calyn]

i have the marriage certificate, 2 copies,
me and my husband relationship is true,2012in japan we met during his tour(worked in tokyo for 15yrs.before i came to UK),2013 he came to Philippines got engaged,and 2014 of summer i went to Hungary for 1 month visit, then he came again in Philippines 2015 for 2 weeks, we are united as one,have a goal, plans,our relationship is true valid and forever, proofs we have, since 2012 up to present our conversation,letter,cards, is with me, the place we renting now is in our both names, have joint account,
and i now as we speak im getting bored and wanted to apply for job.and for staying here in UK as we planned is better, thats why it came to my thinking and planning for British Citizenship in future.

[Casa]

i have the marriage certificate, 2 copies,
me and my husband relationship is true,2012in japan we met during his tour,2013 he came to Philippines got engaged,and 2014 of summer i went to Hungary for 1 month visit, then he came again in Philippines 2015 for 2 weeks, we are united as one,have a goal, plans,our relationship is true valid and forever, and i now as we speak getting bored and wanted to apply for job.and for staying here in UK as we planned is better, thats why it came to my thinking and planning for British Citizenship in future.

secret.simon has given you good advice regarding travel. I asked about the marriage certificate as you will need this both for a Schengen visa application and it would be wise to carry with you when you travel.

[Richard W]

My expectation is that the first problem you will hit is that your CoA will not carry the right to work.

Why would you expect a COA with no right to work? As the direct family member of an EEA citizen, would she not get issued a COA with right to work automatically?

Well, she may not hit a problem. However, I can just imagine the caseworker thinking, "the statements of someone who has practised deception should be given little weight" and not trusting the evidence prior to examining it properly. Unless I have been mistaking durable partners for spouses, there seem to be quite a few examples of spouses getting "no work" CoAs despite apparently providing all the evidence requested. Moreover, if the marriage is suspected of being a 'marriage of convenience', would a positive CoA be issued?

[secret.simon]

I don't think that EU law gives the caseworker much choice. If the applicant has a marriage certificate and proof the spouse in an EEA certificate, I think the Home Office is required to issue a COA with right to work.

They can then investigate if the marriage is genuine and issue the RC accordingly.

[member]

I wonder if one is married in the UK successfully by having a marriage visitor visa and leaves the country before the visa expires. Will it be a problem if he/she applies for a settlement visa / EEA RC afterwards?

[olga2017]

Hello, Have you applied for a RC, was it successful? I am really interested it, I am in the same situation now, like you were. I will really appreciate and thankful your answer.

[Casa]

Hello, Have you applied for a RC, was it successful? I am really interested it, I am in the same situation now, like you were. I will really appreciate and thankful your answer.

This inactive thread is over 1 year old and member Calyn hasn't visited the forum since Jun 19, 2016