Non-EU national working in the UK marrying an EU national

[insomniac]

Hello,

I'm a non-EU national and I've lived and worked in London for the last 3 years with further leave to remain for another 3 years. I've been seeing a French girl for the last two and a bit years, and we'd like to get married in the UK itself.

Can anyone suggest how one goes about this? I had a look at the UKBA website, but it's quite confusing - will I, already a legal UK resident, be required to file a Certificate of Approval application?

Thanks in advance.

PS - Since I already have entry clearance in the form of my existing work permit, can I go ahead and apply for the EEA2 directly?

How long does that application normally take, and will I have to surrender my passport for its duration? I normally travel on work once every 6-8 weeks for a few days, so not sure if I could surrender my passport for an extended period.

[Pakhtoon]

The UKBA site, I can guess, says that if you are subject to immigration control, which you are, you need to get a CoA for getting married. Being already resident in the UK doesn't mean a thing.

[677ano]

The UKBA site, I can guess, says that if you are subject to immigration control, which you are, you need to get a CoA for getting married. Being already resident in the UK doesn't mean a thing.

you are wrong he is not subject to immigration control if he has leave to remain in the UK. read this link;

http://www.hmrc.gov.uk/manuals/cbtmanual/cbtm10120.htm

[Kitty]

The UKBA site, I can guess, says that if you are subject to immigration control, which you are, you need to get a CoA for getting married. Being already resident in the UK doesn't mean a thing.

you are wrong he is not subject to immigration control if he has leave to remain in the UK. read this link;

http://www.hmrc.gov.uk/manuals/cbtmanual/cbtm10120.htm

Obviously we don't know what category of leave the OP has, 677ano, but your link includes the following within the category of persons "subject to immigration control":

•A person who has leave to enter or remain but subject to the condition that he does not have recourse to public funds.

I would be surprised if the OP did not have to get a CoA. insomniac, what category of residence permit to you have? (work permit/Tier2, student etc?)

The UKBA page on marriage is here:

http://www.ukba.homeoffice.gov.uk/while ... igibility/

insomniac, it looks like your French partner will not need a CoA, but you will.

Once you are married you should be able to apply under EEA rules straight away, as long as your French wife is still exercising her treaty rights (working, or self-sufficient etc.).

[/b]

[Wanderer]

My guess is the OP is on DL, so is subject to immigration control. But as usual we only get half a story!

[mrlookforward]

The UKBA site, I can guess, says that if you are subject to immigration control, which you are, you need to get a CoA for getting married. Being already resident in the UK doesn't mean a thing.

you are wrong he is not subject to immigration control if he has leave to remain in the UK. read this link;

http://www.hmrc.gov.uk/manuals/cbtmanual/cbtm10120.htm

are you off yer head to think that he is not subject to immigration control by reading through that link. God, it clearly states otherwise in the link you provided.

I general, all non British/non eu citizens are subject to immigration control/time restriction unless they have ILR/PR.

[insomniac]

My guess is the OP is on DL, so is subject to immigration control. But as usual we only get half a story!

Hello all,

Thanks for the posts. I am on a Tier 2 General visa, and if I interpret the information provided it looks like I do need a CoA.

Out of curiosity, if we were to get married in another country and then if I re-entered the UK on my existing legal and valid work permit, could I apply under EEA rules then? That way I could circumvent the '20-70 working weeks' required for the CoA. Just food for thought.

Thank you for the information, I appreciate it.

Regards.

[mrlookforward]

My guess is the OP is on DL, so is subject to immigration control. But as usual we only get half a story!

Hello all,

Thanks for the posts. I am on a Tier 2 General visa, and if I interpret the information provided it looks like I do need a CoA.

Out of curiosity, if we were to get married in another country and then if I re-entered the UK on legal and valid work permit, could I apply under EEA rules then?

That way I could circumvent the '20-70 working weeks' required for the CoA. Just food for thought.

Thank you for the information, I appreciate it.

Regards.

Yes, perfectly workable plan. Go for it mate.

[insomniac]

Yes, perfectly workable plan. Go for it mate.

Hello,

Not sure how to interpret that, I presume you're being sarcastic?

As I'm free to travel in and out of the UK for the validity of my work permit, or the currency of my employment, what advantage would I have applying for the CoA and getting married in the UK as opposed to marrying abroad and saving myself the CoA waiting time?

I understand that a CoA is required for students, visitors on short-term or soon-to-be-expired visas, but why would anybody in the same position as me apply for a CoA?

I have leave to remain for 3 years and will be eligible for ILR in 2 years on my own anyway.

Thanks in advance.

[mrlookforward]

I wasnt being sarcastic at all. Your understanding about COA is correct, and if you marry outside UK and then come on your present visa and then change your status in UK, this is also perfectly fine.

[mrlookforward]

Basically, you have both the choices. If you dont want to wait, then marrying outside UK is a good idea. With COA there is waiting game, but you will get it in the end.

[insomniac]

Basically, you have both the choices. If you dont want to wait, then marrying outside UK is a good idea. With COA there is waiting game, but you will get it in the end.

Thanks for the answers, mrlookforward. Appreciate it. Assuming we do get married in the UK, which is my preference, will possession of the CoA expedite the EEA2 application?

The opinion on this board is that that application takes 6 months, which is an awfully long time for a visa application. I'm not sure I can surrender my passport for such a long time.

[mrlookforward]

Getting a COA and then getting married in UK, and then applying on EEA2, dont think that would expedite processing of EEA2. I think processing time of EEA2 would be same if you get married outside UK.
So now its down to your personal/financial cirumstances and choices. If you are in rush to get married then marry outside UK.

[insomniac]

Getting a COA and then getting married in UK, and then applying on EEA2, dont think that would expedite processing of EEA2. I think processing time of EEA2 would be same if you get married outside UK.
So now its down to your personal/financial cirumstances and choices. If you are in rush to get married then marry outside UK.

I think more than financial, the constraints are professional. I travel on work every 6-8 weeks for a few days.

Lastly, if we are married, is there a requirement that I convert my existing work permit to a spousal visa, or can I continue to remain on my own documents?

[Ben]

Lastly, if we are married, is there a requirement that I convert my existing work permit to a spousal visa, or can I continue to remain on my own documents?

It is not a requirement, but it is highly recommended to obtain a "Residence card of a family member of a Union citizen" as soon as you are entitled to one.

I assume your fiancée is either exercising a Treaty right in the UK, or has acquired PR?

[mrlookforward]

Getting a COA and then getting married in UK, and then applying on EEA2, dont think that would expedite processing of EEA2. I think processing time of EEA2 would be same if you get married outside UK.
So now its down to your personal/financial cirumstances and choices. If you are in rush to get married then marry outside UK.

I think more than financial, the constraints are professional. I travel on work every 6-8 weeks for a few days.

Lastly, if we are married, is there a requirement that I convert my existing work permit to a spousal visa, or can I continue to remain on my own documents?

There is no requirement to change into eu rules, but you may do so if you want to. But if you are going to qualify for ILR in 2 years in your own right, then I dont see the point. Also I am not sure that if you apply for 5 years stamp as spouse of an eea national, will your present work visa be cancelled. But one thing I am sure is, that if you carry on in your present visa, and if by any chance you have any problems with your present status, you can jump into eu rules anytime. Actually, your clock for eu will start ticking when you are in UK as spouse of eea national, without you having to do anything.

[Ben]

Actually, your clock for eu will start ticking when you are in UK as spouse of eea national, without you having to do anything.

Correct, if the EU national is resident in the UK in conformity with the Directive, which has yet to be established.

[insomniac]

Lastly, if we are married, is there a requirement that I convert my existing work permit to a spousal visa, or can I continue to remain on my own documents?

It is not a requirement, but it is highly recommended to obtain a "Residence card of a family member of a Union citizen" as soon as you are entitled to one.

I assume your fiancée is either exercising a Treaty right in the UK, or has acquired PR?

Yes, that's right - she is. She's been working in the UK since 2002.

[sen78]

Hi,
I am getting very confused with what documentation I need to provide along with the Certificate of Approval form.

I am an Australian living in the UK with a Tier 1 (General) migrant visa valid until November 2012. My fiance is German.

I need to understand also whether both my fiance and I need to provide a notarised letter indicating that I am free to marry along with our passports.

Thanks

Sen