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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2284
Experience:  I am a qualified solicitor and an expert in UK law.
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My name isXXXXXm an EU national (Italian) living and

Customer Question

My name isXXXXX an EU national (Italian) living and working in the UK, I do not have dual nationality. My partner is a non-EEA family member/non-visa national and is Taiwanese. I have lived in the UK for over 40 years and my partner studied in the UK for over 2 years, we have been in an ongoing relationship for 2 1/2 yrs.
We will be getting married in the UK this year. We want to do this using European law. Once we are married my partner needs to go back to Taiwan to apply for an EEA family permit.

I spoke the UK border Agency as my partner is a non-visa national she has the option where she could enter the UK as a visitor (visa-free) for 6 months instead of applying for a marriage visa as I am a European national. This is because once she enters the UK if she wishes to marry a European she could do so under European law. Also, if she comes in as a visitor, where it states on her visa-free that one of the conditions is that, you cannot marry when you stay in the UK, does not apply if we intend marrying under European rules. Obviously all the other conditions need to be met.

I wrote to UKBA european dept to confirm this but I am still awaiting their response.
I need to know whether I can marry my partner without requiring a marriage visa under European law. Please forward me some evidence so I can find out this information.

Thank You
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 2 years ago.

Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

 

You are able to marry your partner in the UK as it is your right to marry under the Human Rights Act. You do not require any additional documentation or permission to marry in the UK. If your partner does hold valid leave to remain and can provide ID to that effect then it would be an even better scenario.

 

I hope this answers your question, if so kindly leave positive feedback.

 

Kind regards,

 

 

Customer: replied 2 years ago.

My partner does not have valid leave to remain she has only been here on a student visa, visafree for 6 months and recently on a marriage visa. She  worries because she applied for a marriage visa in Taiwan last November for 6 months because that's what they told her in Taiwan we needed but she came here 6 weeks before the visa ended and we didnt get time to get married. So we have applied again but someone at UKBA told me it wouldn;t be rececessary to apply for a marriage visa again as I could get married as a European under European law. I paid 750 pound for a barrister and they said I would need a further 826 for home office fees, for a marriage visa but was told this was unecessary. I need something in writing or find something on the internet to say she is allowed to come here under Humanr rights or under European law with a visafree and not a marriage visa. The visafree states you can visit the UK for 6 months but cannot get married but was told under European law she can. I need this info in writing/a link on the internet as evidence otherwise she wont risk coming here and I dont want to continue with this marriage visa application and pay unecessary fees Thanks

Customer: replied 2 years ago.

My partner does not have valid leave to remain she has only been here on a student visa, visafree for 6 months and recently on a marriage visa. She  worries because she applied for a marriage visa in Taiwan last November for 6 months because that's what they told her in Taiwan we needed but she came here 6 weeks before the visa ended and we didnt get time to get married. So we have applied again but someone at UKBA told me it wouldn;t be rececessary to apply for a marriage visa again as I could get married as a European under European law. I paid 750 pound for a barrister and they said I would need a further 826 for home office fees, for a marriage visa but was told this was unecessary. I need something in writing or find something on the internet to say she is allowed to come here under Humanr rights or under European law with a visafree and not a marriage visa. The visafree states you can visit the UK for 6 months but cannot get married but was told under European law she can. I need this info in writing/a link on the internet as evidence otherwise she wont risk coming here and I dont want to continue with this marriage visa application and pay unecessary fees Thanks

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.

If your fiancée wants to apply under EU regulations she would need to apply for an eea family permit. The entry clearance officers are instructed to do as follows :

Fiancé(e)s and proposed civil partners are not recognised as family members or extended family members in the EEA Regulations unless they can show they are in durable relationship. However, provisions have been made for fiancé (e)s and proposed civil partners of EEA nationals paragraph 290 of the Immigration Rules. Fiancé(e)s and proposed civil partners of EEA nationals applying under these Rules will have to pay the usual fee. For the purposes paragraph 290 of the Immigration Rules, an EEA national who is a qualified person in the UK is considered as present and settled if they have permanent residence as set out under schedule 2 of the EEA Regulations.

An application as the fiancé / proposed civil partner of an EEA national can only be considered if the specified fee has been paid. This is because you will need to assess the application under the Immigration Rules and not the EEA Regulations. An applicant who does not qualify for an EEA family permit can only be considered against the Immigration rules once the specified fee is paid. Regulation 31 of the Immigration and Nationality (Fees) Regulations 2009 clearly says that if an application to be assessed under the Immigration Rules is not accompanied by the specified fee, the application is not validly made.

Example: The fiancée of an EEA national working in the UK applies for an EEA family permit, free of charge. She does not qualify under the EEA Regulations and has not paid the specified fee to be considered under paragraph 290 of the Immigration Rules. There is therefore no valid application before the ECO. In this instance the ECO should refuse and first address why the applicant did not meet the EEA Regulations. Reference should then be made to Regulation 31 of the Immigration and Nationality (Fees) Regulations 2009.

If you have any more questions please click the following link :

http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/eun/eun2/#header11

I hope this answers your question if so kindly leave positive feedback so I can get credited for my time.

Kind regards

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