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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Looking for a lawyer who has experience with EUROPEAN Immigration

Resolved Question:

Looking for a lawyer who has experience with EUROPEAN Immigration law, I'm a European living and working in the UK wish to marry my Taiwanese partner whom I met 2 1/2 yrs ago, could we get married without a marriage visa and can she enter and we get married using her visafree entry, after we marry she would have to apply for an EEA family permit to come to live with me in the UK
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi

Thanks for your question.

I would not really advise it. The visa waiver program is in place for foreign nationals wishing to come to the uk for a short (ie. less than 6 months) visit and then leave before the expiry of their visa, which is technically a visitor’s visa.

Whilst it is physically possible for her to come her under the VWP and marry you because there are no longer any restrictions on foreign nationals marrying in the UK, the UKBA can be difficult when people do so and then apply for a family permit thereafter.

It can usually be sorted out if one enters under the VWP, because you can argue that it would be disproportionate and unreasonable to expect he national to return home only to apply and be granted a family permit but you may be forced to appeal and incur legal fees. These legal fees may be more than it would cost for you to marry where she is in order for her to aply for a family permit straight away from Taiwan, not to mention the stress of if.

Instead I would advise you marrying in Taiwan, or elsewhere on and that she then applies for a family permit out of country.



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Kind regards,


Tom
Customer: replied 2 years ago.
My last reply before I rate your answer: To clarify, it is best she doesn't come on a 6 months visafree to get married as it may get complicated later when she applies for an EEA family permit- is this correct?. This is our 2nd marriage visa we are currently applying for-worried if it gets refused again- what then? (the first one was refused as my partner didn't show she had money in her account)-but we got it accepted on appeal. I'm a little confused why someone in UKBA said my partner could come into the UK under European law and she would be free to marry and it wouldn't be a problem because most of the EEA family permits will be granted. We do have all documentation to prove our relationship is genuine and I own my own home, work and will support her etc. I would rather marry in the UK
Expert:  Thomas replied 2 years ago.
Hi,

Sorry for the delay.

Yes, your first sentence is correct. In the ideal scenario you should be married outside the UK and apply for a family permit once married.

If she comes on a visitor's visa to marry you then she can probably apply and be succesful (probably on appeal) in getting a family permit thereafter, but you run the risk of the UKBA considering that her coming her under the VWP is a form of deception. This is particulaly the case if there are any other examples of deceptive behaviour. Usually, it can be sorted out where the person is plainly of good character but my personal view is that it is preferable to avoid the uncertainty.

Please remember to rate my answer.

Kind regards,

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