Chances of EEA2 getting declined

[Gabriella2305]

Hi all,

I'm asking this question on behalf of a friend.
She is South African marrying a German man. In the past year she has had 2 holiday visas to come visit her boyfriend to the UK get declined. They have been having a long distance relationship for a year but have been together 6years.
Her and her boyfriend are planning on getting married soon. Would there be a possibility of her spousal visa getting declined because of her having 2 previous visas get declined?

[Plum70]

She is South African marrying a German man. In the past year she has had 2 holiday visas to come visit her boyfriend to the UK get declined. They have been having a long distance relationship for a year but have been together 6years.

Is the b/f same as the soon-to-be German hubby?

Her and her boyfriend are planning on getting married soon. Would there be a possibility of her spousal visa getting declined because of her having 2 previous visas get declined?

Depends on why she was refused entry on both occasions. If the marriage is being held outside the UK then your friend would need to apply for a EEA Family Permit (see UK Visas site for more info) from the BHC in SA (or else where) to return to the UK. Once in the UK she can apply for a UK Residence Card using form EEA2. Very little chance of this being declined.

[Gabriella2305]

Is the b/f same as the soon-to-be German hubby?


Yes... I am not sure why these were declined in the past. It wasn't for anything really bad. I could find out. Do u think it would lessen her chances of getting the Family Permit?[/quote]

[fysicus]

an alternative for them would be to marry in Germany. I don't know if it would be practical for them at this stage as they may have made a lot of planning already. Your friend would then need just a standard Schengen visa which is a lot cheaper than a UK fiancee visa, and after the wedding she can join her husband into the UK without any problem.
Strictly speaking in that case an EEA FP is not even needed, according to the Border Force Operations Manual (http://www.bia.homeoffice.gov.uk/siteco ... rfamil.pdf) and the Immigration Rules (http://www.opsi.gov.uk/si/si2006/20061003.htm#11)

[Ben]

Where does the German man live and work currently?

If the couple intend to live in the UK once married, then so long as the German husband is exercising a Treaty right in the UK, the South African wife's EEA2 application cannot be refused.

Where do they intend to marry?

Note that SA citizens currently do not require a visa to enter the UK. From 3rd March 2009, they will (not discounting the provisions of Directive 2004/38/EC).

[Directive/2004/38/EC]

If the couple intend to live in the UK once married, then so long as the German husband is exercising a Treaty right in the UK, the South African wife's EEA2 application cannot be refused.

Almost but not quite.

It actualy can be rejected, but only in some very carefully delimited circumstances. Threats to national security, fraudulant marriage, public health, and (BIG) public policy are the three possible grounds. But the onus is on the government to prove it.