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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6261
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi Last year I was in Peru and met someone! We have spoken

Resolved Question:

Hi

Last year I was in Peru and met someone! We have spoken ever since and fallen in love. We want to marry how do we go ahead?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. What nationality are you
2. Where are you
3. What nationality is he? (Peruvian)
Kind regards.
Tom
Customer: replied 2 years ago.

Hi Tom

 

I live in the UK 17 years now on a Dutch Passport so EU. I live in Frimley, Surrey. He is Peruvian. Tom we met Sept 2010, we have spoken ever since every week and have fallen in love we are both very spiritual and believe in each other. We are in love and now I woulkd like to know where we go from here. We want to get married...

Thank you for your time.

Eloise

Expert:  Thomas replied 2 years ago.
Hi Eloise,

Thanks for your question.

In order for him to come here now you would have to prove that you are in a “durable relationship” for EEA purposes. This is generally taken to mean that you have cohabited for a period of two years or more.

If you marry in Peru then he can apply directly to the UK embassy in Peru to come here to, in effect, exercise the same EEA rights that you enjoy.

In order to marry in Peru British Nationals need to obtain a Certificate of No Impediment to marriage. This is done by the UK national signing an Oath-Affidavit in front of a British Consular Official at the British Embassy in Peru. You then have to put up your Notice of Marriage at the Embassy for a period of three weeks, the notice must be signed by a British Consular official. After the three weeks the British Embassy issues the Certificate of No Impediment to Marriage.

You would also have to prove your identities then marry within 3 months of the Certificate.

I cannot find the Dutch Embassy website to check that the same procedure is required, but because a foreign national marrying in Peru must abide by Peruvian marriage law/procedure it would almost certainly be the same requirements for you. You should check though and I attach a link which displays the contact details for the Dutch Embassy in Peru:-
http://netherlands.visahq.com/embassy/Peru/

Once married he will then have to obtain an EEA Family Permit from the British Embassy in Peru. He will need to apply for it before he travels to the UK and must submit the appropriate documentation to the UK embassy closest to him:-
http://www.ukvisas.gov.uk/en/howtoapply/infs/inf18eeaswissnationals

Once he has come to the UK on his family permit he will be eligible to apply to the UKBA for a residence card which confirms his right of residence in the UK on the basis of your marriage:-
http://www.ukba.homeoffice.gov.uk/eucitizens/rightsandresponsibilites/#header5

It will either take the form of an endorsement in her passport or as a separate immigration status document confirming his right to reside here for 5 years.

At the end of this time he will be able to apply for a Permanent Residence here if he wishes subject to the residential restrictions in place provided you have been working in the UK continuously for this period.

Once he has PR he may naturalise as a UK citizen 12 months after receiving PR.
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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6261
Experience: BA (Hons), PgDip, Practising Solicitor
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