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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6400
Experience:  BA (Hons), PgDip, Practising Solicitor
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I want marry with Serbia fiance(non eu) in UK, is possible?

Customer Question

I want marry with Serbia fiance(non eu) in UK, is possible? Cause i Live in UK for 3years, and i have work and live (rent with family) here in UK(rent with family). Cause i am not british citizen, but EU? it is possible??

I don't want marry outside of UK, cause i want fiancee get permit in UK live and work(for sure, without doubt), after marriage.

i earn £150/ week, avarage 25-30hours. + working credit tax £87/week + disability living allowance £72week . ( care component-middle rate, + mobility component - lower rate) by UK benefit.
Family members- Father and mother, brother(they are in UK live for 3years too)
Father and mom paid for rent, I just living with them.
I am 23, fiance is 26.
Fiancee not working, just study university, this year may finished.
Fiancee have visa for visitor, from 2012 got VISA as visitor for 6months. and after again got 1year VISA as visitor for 1year(currently)
We both disability.(deaf)

I can take under UK law too or just must EU Law, cause i am Eu national??? Help me, how i can bring girl with me live?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

What nationality are you please?

Tom
Customer: replied 1 year ago.

Latvia.

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

You are a Latvian citizen. This means that you are also an EEA member state national.

She will have to obtain an EEA family permit first.

In order to do this you must first either be married or show the UKBA that you are in a durable relationship together, which is generally taken to mean that you must have cohabited for a period of time (generally two years). If the plan is that you are to marry then I would suggest that marrying outside the UK and then her apply for this from her home country would be the most efficient way forward.

However, if you are able to prove that you are in a serious relationship and will marry then sometimes the UKBA do granted family permits to persons who do not meet the 2 year cohabitation requirement. If you are able to prove the that you have been in a relationship for a long time (ie. two years) and intend to marry then she would still have a reasonably chance of being granted a family permit even though you are not married.

She a will have to apply for and obtain an EEA family permit in order to secure her leave to remain in the UK to work. She will need to apply for it before she can travel and must submit the appropriate documentation to the UK embassy closest to her:-
http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/

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

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

At the end of this time she will be able to apply for a Permanent Residence here if she wishes and has not spent significant time outside the UK.

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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6400
Experience: BA (Hons), PgDip, Practising Solicitor
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Customer: replied 1 year ago.

Where i can prove to the ukba? by post or online?(where, which? EEA2 or EEA4 or VAF5?) Can't go to UKBA office meet?


 


Prove the Ukba, will need both of us send to Ukba passport, or not need?


Cause Fiancee is still in Serbia, she might be need passport, as visit to me.


----------------------------------


I can't take UK LAW, as 18,600 and savings, because i am not british?

Expert:  Thomas replied 1 year ago.
Hi,

She would have to submit form VAF5, as indicated on the following UKBA website:-

http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/applying/

You would both have to submit your passports.

You have to apply under EEA law, not for a spouse visa (which is more difficult anyway.

Tom
Thomas, Solicitor
Satisfied Customers: 6400
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

bit confused. under EEA law or for a spouse visa, which is easier?? I can't apply for a spouse visa??


--------------------------------------------------------------


VAF5 - this form is for use outside the UK only. But I am in UK currently, and work. I need form not for outside the UK, but in. hm?? maybe different form? I can't outside the Uk and send to passport, cause i have work in UK.


 


and If I finished fill form, where i should send? to UKBA adress?? what adress and postcode??


 


----------------------------------------------------------------------------------


I can't take UK LAW, as 18,600 and savings, because i am not british?
I prefer this, because disability not need meet finance requirement. It might be easier for me. :/


 


---------------------------------


 


If i marry with fiancee outside UK, I can hurry apply for permit, even not need for long lenght of marriage or live together lenght? I should marry with fiancee in EU country not in Serbia as NON EU country???


 


many thanks!!!


 


 


 


 


 

Expert:  Thomas replied 1 year ago.
Hi,

YOu can't apply for a spouse visa.

You must apply for a family permit.

If you marry outside the UK then it will be much easier for you because you would not have to prove that you are in a durable relationship, just that you are married.

Tom
Customer: replied 1 year ago.

"Also, you wouldn't apply for VAF5 in the UK, because the VAF5 is only for people applying outside the UK - it's valid for 6 months and gives you permission to enter the UK to live with your EEA partner. Then once you are in the UK, you apply for the EEA2 residence card" by website




It is right? I not need fill for VAF5, cos fiancee have visa as visitor, come to UK and make one EEA2??? Or I wrong. Please help me.


 


If need VAF5, how i supposed do? I have work in UK, I can't go to outside and wait for 6months. It might I lose work.

Expert:  Thomas replied 1 year ago.
If you fiance is here as a visitor then she cannot switch to an eea family permit without leaving the UK. This is because visitor's cannot apply to switch categories.

She must leave the UK and apply for a family permit using VAF5 as confirmed by the following UKBA website:-

http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/applying/

Tom
Customer: replied 1 year ago.

to clear, She must leave UK, stay outside and fill this form VAF5??


I can stay in UK, not even need outside, right? just she one need outside?


2 passports of us need send to Ukba, right? She can take my passport and go to Serbia, and fill this form without me and send to UKBA?


 


one last question, how long will passport out to UKBA for VAF5?

Expert:  Thomas replied 1 year ago.
Hi,

Yes, she needs to leave the UK. Yes, you need to submit your passports.

It shoudl take around 6 weeks.

TOm
Thomas, Solicitor
Satisfied Customers: 6400
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Dear Ivars,


That lawyer is wrong. If you were British or settled in the UK then you would be applying under the UK law and that advice would be correct. However, under the EU law the rules are very different. Once you are married, your wife can apply for a Residence card here, without having to go back to Serbia for a Family Permit. The difference if EU and UK law.


 


There is no procedure to tell the UKBA that you are getting married, it is your right to get married if the register office marries you (this is not an immigration issue).


 


 


Before you are married your fiancee will be a visitor. There is no fiancee status under the EU law. Once married, she gets very powerful rights straight away under the EU law.


 


 


Which is right? :/

Expert:  Thomas replied 1 year ago.
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Customer: replied 1 year ago.

Best is married in UK as marriage visitor, and then back to NON EU SERBIA, apply for permit family??


 


Or married in NON EU SERBIA and apply for permit family???


 


Or us couple to home office as permit for get married then we once married, and back to home ofice get residence card??

Expert:  Thomas replied 1 year ago.
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Customer: replied 1 year ago.

How refunded? why? Please explain.

Expert:  Thomas replied 1 year ago.
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