EEA National and Non-EEA Fiance

[Aobilor]

Hi I'm new to the boards but have read quite abit before posting.
i just finished my 3 year student visa and went back to my country. My girlfriend turned fiance is Polish and has been living in London since september 2007. We met last year at a friends place and later started dating. We decided to get married recently and so here I am.

After reading and searching quite abit, I couldn't find any clear answer if it is possible for me to get a fiance visa to go there and get married, and then settle with an EEA national in the Uk. She doesnt have a permanent residency there ofcourse cuz she needs to live there for 5 years. As an EEA national she also doesnt need a visa to work and live there as I am sure you know. She is about to apply for her residence certificate but she has a work certificate already. She works as a teacher and just got a new job paying not too badly.

Also I just came back to my own country after being away for about 7 years while I studied in Ukraine and then London, so I just opened a new bank account here. I called the British embassy here and asked if an account without history will be a problem and the lady said it wouldn't be but I prefer to hear it from someone that tried applying instead just incase I spoke to someone not too knowledged about it.

Also my fiance has no savings although she does have a new job so i will be sponsoring myself. How much must I have in an account? I have some money saved up though not much but I can easily get any finances I need from family. Like I said i have been studying fulltime hence not alot of income.

That should be it thank you. The most important ofcourse is if at all It is possible since she is only there just over 2 years, no point applying if it isnt do-able at all. Worse case scenario is she has to come here and get married but we would prefer it in England. thank you again and I await your replies

[Wanderer]

U need to apply under EEA rules, good news is it's free and no financial tests are imposed. U cannot apply under UK immigration rules.

But u'll need to be married, unless u;ve lived together for two years with proof.

[John]

Aobilor, any particular reason why the two of you want to get married in the UK? Or put it another way, any reason why the two of you can't get married in Poland, or in your country? Or indeed anywhere else in the world?

If you are determined to get married in the UK, and to correct Wanderer, because there is no provision in the EU regulations for a fiancé visa, there is actually specific provision in the UK's Immigration Rules for you to apply for a fiancé visa. Having got that, you would come to the UK, get married, and then use form EEA2 to apply for a Residence Card on the EU route.

Wanderer, if you want to look up the technical details, read para 290A of the Immigration Rules.

[Wanderer]

Aobilor, any particular reason why the two of you want to get married in the UK? Or put it another way, any reason why the two of you can't get married in Poland, or in your country? Or indeed anywhere else in the world?

If you are determined to get married in the UK, and to correct Wanderer, because there is no provision in the EU regulations for a fiancé visa, there is actually specific provision in the UK's Immigration Rules for you to apply for a fiancé visa. Having got that, you would come to the UK, get married, and then use form EEA2 to apply for a Residence Card on the EU route.

Wanderer, if you want to look up the technical details, read para 290A of the Immigration Rules.

Yeah ur right John, I forgot about that!

[Pakhtoon]

I suppose you want to marry in UK because you want to live there after marriage.

I would suggest you marry in your home country if the UK thing doesn't work out. DON'T EVEN THINK about getting married in Poland.

[Rozen]

Another 'snag' about marrying in the UK, is that he will probably have to apply for a COA to marry!

[John]

Not if he has got a fiancé visa. A CoA would not be required.

[John]

DON'T EVEN THINK about getting married in Poland.

For the benefit of others, can you say why?

[Wanderer]

DON'T EVEN THINK about getting married in Poland.

For the benefit of others, can you say why?

Probably modelled on the Soviet system still followed in Russia, ZAGS and all that, designed to frustrate!

http://www.unclepasha.com/marriage.htm

[Aobilor]

Thanks for the quick reply guys. If I might ask what does CAO stand for? As for why we would prefer the UK, well as I said she just recently started a new job so no holiday period, and it would be easier for her family to attend.

I am half Ukrainian so if it is modeled on the soviet system then it is hell, we would need so many documents taken to so many different places.

Dear John, You said there are specific provisions in the uk immigration rules for us could you please elaborate?

Also no one has of yet mentioned if it is ok since she is only in the uk for just over two years, and how much needs to be in an account as proof

[John]

CoA ... in this context ..... Certificate of Approval to Marry. Needed by a non-EEA person in the UK, except not needed in certain circumstances, including where the non-EEA person is in the UK thanks to a fiancé visa.

Normally for someone wanting a fiance visa needs to have a sponsor who is settled in the UK, such as a British Citizen, or someone with indefinite leave to remain, or the EU-route equivalent of that ... PR ... Permanent Residence.

But as you have pointed out your EEA fiancée has not been in the UK for long enough to qualify for PR. So as I pointed out earlier, in the absence of anything about fiance visas in the EU regulations, there is a special provision in the UK immigration rules, para 290A, which for this special purpose only deems your EEA fiancée to be "settled" in the UK, but only in order to permit you to apply for a fiancé visa.

So as you seem to want to proceed with a UK wedding, what you are facing here is :-

• proceed to apply for a fiancé visa, applying in your country where you are now. The application will be under UK Immigration Rules, and will be a paid-for application. Do ensure that there is lots of "evidence of contact" submitted with the application, in order to cut out any possible thought they might have about it being a "marriage of convenience".
• After fiancé visa issued, come to the UK and proceed to get married.
• After marriage use form EEA2 to apply for a Residence Card. That application under EU/EEA regulations will be free.

[Ben]

there is a special provision in the UK immigration rules, para 290A, which for this special purpose only deems your EEA fiancée to be "settled" in the UK, but only in order to permit you to apply for a fiancé visa.

I didn't know this John, thank you!

Is this only for a fiancé visa, or for a spouse visa too?

[John]

benifa, it is only for a fiancé visa, and indeed is only needed for a fiancé visa!

Look at it this way, the fiancé of an EEA citizen is not within the EU definition of "family member". So thankfully someone realised this and thought, how is the non-EEA person going to get to the UK to have their wedding in the UK? So para 290A was added to the UK Immigration Rules, to permit the non-EEA person to apply for a fiance visa under UK Immigration Rules.

As soon as the two of them are married then the non-EEA spouse is within the definition of "family member", and the terms of the EU Directive take over.

Para 290A reads (with my emphasis) :-

290A. For the purposes of paragraph 290 and paragraphs 291 - 295, an EEA national who holds a registration certificate or a document certifying permanent residence issued under the 2006 EEA Regulations (including an EEA national who holds a residence permit issued under the Immigration (European Economic Area) Regulations 2000 which is treated as if it were such a certificate or document by virtue of Schedule 4 to the 2006 EEA Regulations) is to be regarded as present and settled in the United Kingdom.

Finally in the context of what has been posted in this topic it is right to refer to a fiancé visa, but it is worth noting that if the relationship is same-sex, then exactly the same applies as regards a Proposed Civil Partner visa. Para 290A can also apply in that circumstance.

[Ben]

Quite right, John. Thanks again.

[Aobilor]

Thanks alot John. From what I understand she will definitely need to get her certificate of residency because it is too risky to send her passport.

Does it cost much to get a copy notarized? Also what sort of financial backing is needed an approximate will be fine.

[Pakhtoon]

DON'T EVEN THINK about getting married in Poland.

For the benefit of others, can you say why?

I had related my long story of how did I get married with my Polish wife in Poland when I joined this forum and I wouldn't like to repeat it but as Wanderer correctly guessed, when it comes to government offices in Poland, they will make you believe you are in Soviet Union The Great.