Non EEA citizen marrying non EEA citizen

[psuch2]

Hello everyone.
I am a non Eea citizen and currently going through a divorce, followed by an PR application based on my retention rights of residence.
I have a solicitor looking after my case.
I am in a relationship with another non eea citizen. She still resides in her home country, and I visit as often as possible.
The natural next step for our relationship is of course for us to be together. So presuming my application goes as planed and I am granted PR, how would I go agout bringing my girlfriend over to the UK?

[ohara]

There is no boyfriend/girlfriend visa. Your options are pretty much:

get engaged/married and apply for spouse visa
partner applies for Tier1/Tier2/Tier4 visa in her own right.

[Casa]

I addition to ohara's advice, bear in mind that you will only be able to apply for a fiance or spouse visa under the UK Immigration Rules.

Apart from the high visa fees and NHS surcharge, you will also have to show that you have an annual income of at least £18,600 or hold savings of £62,500 in an accessible account for a minimum of 6 months.

You're aware that you need to complete a full 5 years of residence before qualifying for PR

[noajthan]

In other words, as non EEA you cannot sponsor family members on EU route.

[psuch2]

Thank you for you our replies.
I have hold my RC for four and a half years. So correct me if I'm wrong, the PR application can be done six months before the RC runs out.
I am fortunate to earn more than the £18600, so I believe it shouldn't be a problem there.
The time scale we have in mind if for us to marry early 2018c in her home country.
So from you said I will then have to apply for her visa according to UK rules.
Would it make it easier if I apply for citizenship before we get married and relocate her here?

[Casa]

You need to have completed a full 5 year period of residence for PR. There's no option to apply 6 months early.

There's no advantage in waiting until you are granted BC as the requirements for a fiance or spouse visa are the same.

[psuch2]

You need to have completed a full 5 year period of residence for PR. There's no option to apply 6 months early.

There's no advantage in waiting until you are granted BC as the requirements for a fiance or spouse visa are the same.

Thank you
Would we still be able to apply for a fiance/spouse visa if I am granted another RC instead of PR?

[Casa]

You need to have completed a full 5 year period of residence for PR. There's no option to apply 6 months early.

There's no advantage in waiting until you are granted BC as the requirements for a fiance or spouse visa are the same.

Thank you
Would we still be able to apply for a fiance/spouse visa if I am granted another RC instead of PR?

No, as you won't have settled status.

[psuch2]

You need to have completed a full 5 year period of residence for PR. There's no option to apply 6 months early.

There's no advantage in waiting until you are granted BC as the requirements for a fiance or spouse visa are the same.

Thank you
Would we still be able to apply for a fiance/spouse visa if I am granted another RC instead of PR?

No, as you won't have settled status.

Thank you!

[secret.simon]

Would we still be able to apply for a fiance/spouse visa if I am granted another RC instead of PR?

Interesting academic question.

Can a non-EEA citizen on an RC based on RoR sponsor anybody as a spouse? I don't think so, though an approach under Article 8 and FLR(FP) 10 year route may be possible. Comments and thoughts from others welcome.

To the OP: PR followed by sponsorship of your new spouse under the UK Immigration Route is most likely the fastest way to get them to join you here.

From the viewpoint of sponsorship under the UK Immigration Rules, people on ILR and PR are treated on par with British citizens as regards sponsoring non-EEA spouses. So, no benefit from (but also no issues with) gaining British citizenship.

[Casa]

Would we still be able to apply for a fiance/spouse visa if I am granted another RC instead of PR?

Interesting academic question.

Can a non-EEA citizen on an RC based on RoR sponsor anybody as a spouse? I don't think so, though an approach under Article 8 and FLR(FP) 10 year route may be possible. Comments and thoughts from others welcome.

To the OP: PR followed by sponsorship of your new spouse under the UK Immigration Route is most likely the fastest way to get them to join you here.

From the viewpoint of sponsorship under the UK Immigration Rules, people on ILR and PR are treated on par with British citizens as regards sponsoring non-EEA spouses. So, no benefit from (but also no issues with) gaining British citizenship.

An Article 8 or FLR(FP) application wouldn't be appropriate in this case as the fiancee is living outside of the UK and has to apply for an entry visa.

[secret.simon]

Can a non-EEA citizen on an RC based on RoR sponsor anybody as a spouse?

My question was answered while researching a different issue.

The Free Movement of Persons Directive 2004/38/EC(‘the Directive’)states at paragraph 15 of the preamble that family members who have a retained right of residence do so ‘exclusively on a personal basis’.This means that they cannot be the sponsor for another family member.

For example,if a non-EEA national with a retained right of residence gets married to another non-EEA national, her new husband will not have any rights under the regulations. Her new husband would only be able to enter or remain in the UK if he qualifies under the Immigration Rules.

To the OP: That means that you must obtain PR in order to sponsor your new non-EEA spouse and that would have to be under the UK Immigration Rules.

[Casa]

Can a non-EEA citizen on an RC based on RoR sponsor anybody as a spouse?

My question was answered while researching a different issue.

The Free Movement of Persons Directive 2004/38/EC(‘the Directive’)states at paragraph 15 of the preamble that family members who have a retained right of residence do so ‘exclusively on a personal basis’.This means that they cannot be the sponsor for another family member.

For example,if a non-EEA national with a retained right of residence gets married to another non-EEA national, her new husband will not have any rights under the regulations. Her new husband would only be able to enter or remain in the UK if he qualifies under the Immigration Rules.

To the OP: That means that you must obtain PR in order to sponsor your new non-EEA spouse and that mill have to be under the UK Immigration Rules.

I was correct then.

[secret.simon]

I was correct then.

Oh absolutely, Casa. I was just engaging in some abstract "blue sky" thinking.

[Casa]

I was correct then.

Oh absolutely, Casa. I was just engaging in some abstract "blue sky" thinking.

In all honesty, it certainly helps to have some official supporting guidance. As noajthan would no doubt say, "belt & braces"

[psuch2]

Thank you very much. Some very good advice once again.

[noajthan]

I was correct then.

Oh absolutely, Casa. I was just engaging in some abstract "blue sky" thinking.

In all honesty, it certainly helps to have some official supporting guidance. As noajthan would no doubt say, "belt & braces"

Hmm, or I may have asked why give HO 'wriggle room'.

[psuch2]

Just another question. Would I still need to wait another 5 yrs to apply for PR if I receive an RC based on ROR, even though I held an RC for almost 5 years already?

[secret.simon]

Would I still need to wait another 5 yrs to apply for PR if I receive an RC based on ROR, even though I held an RC for almost 5 years already?

You need to have spent five continuous years under any category of the EEA Regulations (so, either as the family member of an EEA citizen or as a person holding RoR) to acquire PR automatically. Time spent under different categories can be aggregated, so long as they are continuous.