applying for EEA family permit not in country of residence?

[CondorVilla]

Hi,

I have read conflicting information about this and the official UK website isn't helping much.

Do you need to apply for the EEA family permit for the UK in your country of residence or, for example, could you leave the UK (after having been there legally as a tourist), get married in another country and file for the EEA family permit there?

The relationship is legit and we have proof of over a year of commitment and relationship in Peru.

Thanks for any help!

[86ti]

Nobody will really be able to answer this question because the information from the UKBA is conflicting. It may be possible to get the EEA FP in your case but that is obviously not for sure. You could contact the consulate of that other country and find try to out in advance. Of course best would be to avoid that whole scenario and just marry while in the UK.

[CondorVilla]

I was hoping maybe someone had gone through this and could speak from experience.

I posted this question on another thread but my concern with getting married in the UK is that my fiance is a non-visa national and is planning on entering the UK as a student visitor to take an English course for 5 months. As I understand it there is no way to extend the student visitor visa/clearance so I guessed that meant getting married sometime during those 5 months wasn't an option?

[86ti]

EEA rules would take immediate effect and this rights is not subject to documentary evidence (but on the EEA national exercising treaty rights), i.e. your spouse-to-be would not need to leave the country.

[CondorVilla]

So there would be no problem with us getting married after his being there for 4 months as a student visitor and me exercising my treaty rights? And therefore he would be able to remain in the country? Would we then file for the EEA 2 or would we have to file for the EEA FP even though he is already in the country?

Do you think this would be seen as suspicious? We have photos, emails, phone records, etc. that can prove our relationship has been going on over a year.

[86ti]

And therefore he would be able to remain in the country?

Yes, that is what I meant.

Would we then file for the EEA 2 or would we have to file for the EEA FP even though he is already in the country?

The EEA FP is an entrance clearance. Your spouse would apply for a residence card on form EEA2.

Do you think this would be seen as suspicious?

Possibly so you may want to keep those documents handy, just in case. But why would it be less suspicious to marry somewhere else? It may actually be more difficult to get the FP (esp. since you are considering applying in a country without residence) than the RC (you are already in the country and can appeal in-country if necessary).

[CondorVilla]

Thanks so much, this is very helpful! And you're right, it would be much easier to marry in country.

[Directive/2004/38/EC]

So there would be no problem with us getting married after his being there for 4 months as a student visitor and me exercising my treaty rights? And therefore he would be able to remain in the country? Would we then file for the EEA 2 or would we have to file for the EEA FP even though he is already in the country?

So there is no problem with the two of you getting married at any point in the UK. You do not need to be exercising your treaty rights to get married, but you will need to exercise them to stay for more than 3 months.

You could also get married now in Peru (or somewhere else).

Wherever you marry, it is worth immediately getting several copies of the marriage certificate.

What member state are you from?

[CondorVilla]

We want to wait until we're in Europe a bit in order to get married. That is a good suggestion regarding the certificates though.

I am from Poland, why do you ask?

[Directive/2004/38/EC]

I am from Poland, why do you ask?

Some EU member states, and some non-EU countries, expect their citizens to register any marriage with the embassy. Italy, Germany, and maybe France do it. At least with Italy, they want an original of the foreign marriage certificate, and it gets absorbed into the cogs of the bureaucratic machine. Poland too?

[CondorVilla]

Hmm, I hadn't thought of that, I will look into it, thank you!