Marrying an EU National.

[oraake]

hello i just joined this board. I am currently a student in the UK with a view at graduating in Dec 2008. We (my fiancee and i) are about to get married, hopefully in about 2-3 weeks, she is french.

I renew my students visa periodically. The present visa expires in march 2008, of course renewable till dec 08 or jan 09. I was just wondering can i apply for an indefinite stay once married or would i need to extend my students visa and wait till i graduate before applying for an indefinite leave to remain..... honestly i need advise as i am rather oblivious to these things.

I do know i am able to get a different class of visa once we get married but i really don't know what it's called. I also wish to know how to apply for this new kind of visa and documents needed

Thank you as i earnestly await your response?

[vinny]

If you have been in the UK continuously and legally for at least 10 years, then you may consider applying for ILR using Form SET(O) under the Long Residence Rules (276A-276E).

Alternatively, after marriage:

Provided that she's a qualified person, you may apply under European law on Form EEA2. It may then take you another 5 years to attain a Permanent right of residence.

Alternatively, if she has already attained a permanent right of residence and you're both over the age requirement (paragraph 277), then you may switch using Form FLR(M), under the UK Immigration Rules (285). However, it may then take you at least another 2 years until you will be eligible to apply for settlement, using Form SET(M).

Remember that if you are applying for settlement under UK immigration rules, then you would also have to satisfy the Knowledge of language and life in the United Kingdom requirements.

[oraake]

Thank you so much for the reply vinny.............

Well she is 27 and i am 30. i am not an eu national, once married can apply for and be issued a visa based on her status as an eu national for us to stay here together?

i have been in the uk continuosly for 4 years as a student, so is it possible i apply for indefinite or limited leave to remain as the husband of an eu national?

I await yet aNOTHER GOOD RESPONSE FROM YOURSELF

[sakura]

Thank you so much for the reply vinny.............

Well she is 27 and i am 30. i am not an eu national, once married can apply for and be issued a visa based on her status as an eu national for us to stay here together?

i have been in the uk continuosly for 4 years as a student, so is it possible i apply for indefinite or limited leave to remain as the husband of an eu national?

I await yet aNOTHER GOOD RESPONSE FROM YOURSELF

You cannot apply for ILR just by marrying an EU national - it doesn't work that way. Your four years as a student only counts towards the 10 year long residency category, of legal stay.

Once you marry, you can apply for an EEA family permit as the spouse of an EU citizen. This lasts for 5 years and after five years you qualify (automatically, so no application form needed) for Permanent Residency.

How long has she been in the UK?

[Wanderer]

Doesn't the OP need a CoA? Ain't gonna get one in 2/3 weeks mind....

[oraake]

I'd like to say here that the replies are much appreciated........... i thank you.

I was just looking @ the eea2 forms and would like some clarifications.

Under the section 14 of the guidance notes.... it states that The non-EEA family members of an EEA national have a right to reside in the UK if their EEA national family member is exercising a Treaty right in one of the following categories:
- worker
- self employed
- student
- economically self sufficient
- retired or incapacitated.

On the form itself it states, under section 3 There is no requirement for your EEA or Swiss family member to apply for a registration certificate and we can decide your case without him or her applying. However, we must receive evidence of his/her identity, eg passport or identity card

So what i'll like to know is " does the provision under section 3 on the EEA2 form override the one under section 14 of the guidance notes? i.e is it possible she is a jobseeker and not yet in employment yet?

Thank you as i await a response. Kind regards

[oraake]

please does anyone have a response regarding my earlier post?
I'd be much obliged.
Thank you

[Ben]

I'd like to say here that the replies are much appreciated........... i thank you.

I was just looking @ the eea2 forms and would like some clarifications.

Under the section 14 of the guidance notes.... it states that The non-EEA family members of an EEA national have a right to reside in the UK if their EEA national family member is exercising a Treaty right in one of the following categories:
- worker
- self employed
- student
- economically self sufficient
- retired or incapacitated.

On the form itself it states, under section 3 There is no requirement for your EEA or Swiss family member to apply for a registration certificate and we can decide your case without him or her applying. However, we must receive evidence of his/her identity, eg passport or identity card

So what i'll like to know is " does the provision under section 3 on the EEA2 form override the one under section 14 of the guidance notes? i.e is it possible she is a jobseeker and not yet in employment yet?

Thank you as i await a response. Kind regards

What you have pasted as Section 3 on the EEA2 form does not override Section 14 of the guidance notes. The two rules co-exist.

Your future wife must be in one of the categories listed in Section 14, but at the same time she is not required to apply for a Registration Certificate.

If your future wife is not yet working, she must be able to show that she is self-sufficient, will not become a burden on the social welfare system and has health insurance. It would be a lot easer just to get a job though. Any job will do.

[PAPITO]

Oraake

I think you can also state that you have been together co-habitating as couple (if this is the case and you can prove it) and if your fiancee has 5 or more years go diretly to Permanent residence. your problem though is that the visa expires in March 2008 and you don't want to take a risk.
Perhaps go for family permit now and then try the Permanent residence (if the above applies)
by the way congrats on your future wedding.