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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2247
Experience:  I am a qualified solicitor and an expert in UK law.
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hi, i have a particular case, and the main purpose is to be

Resolved Question:

hi, i have a particular case, and the main purpose is to be able to settle down with my fiancé here in England.

he is Estonian, works as a professional chef in highly recognised restaurants, however we decided that if is not possible to stay here together, we will have to move to colombia (my home country) or even to Estonia as final option.

We are a couple for 2 years this june, and we have being living together for over a year.

UK Visas
so i first came to England in 2004 for 5 months.

i went to live in Italy for 3 months, right after that i went to colombia for another 3 months.

second visa to UK was a tourist visa, for 6 months,

then i went to Tel aviv and got the third visa to Uk as student, visa for 15 months until nov/2006

then I went back to colombia and came back to England (9 months later) with a student visa since 25 August 2007. (fourth visa)

then the 5th visa was an extension to my student visa from Uk, to study my masters degree. this visa was valid until june this year,however

i change this student visa for a post study work visa in april last year. 6th visa, which is the current visa which i hold and is valid until march 2014.

i have police registrations, impeccable passport, i had two USA tourist visas for 5 years each, last one expired last year in march, i have never asked for help from the UK government, neither i have been arrested or even got a driving fine

I worked as an assistant manager of a shop for 2 years, my final salary was just under 20.000.

i am currently finishing my masters degree on MA marketing and Innovation, i hold a business management degree from the same university, in cambridge UK, anglia ruskin university

my fiancé and i want to open a restaurant business in the near future (2 years), and we will love to be able to set the business here, since if we move to Colombia or Estonia right now, we will have problems with the language, hence I dont speak estonian, and his spanish is very basic...

so please now that u know my case, please advice us the easiest and the fast way for me to get clearance to remain in the UK after march next year.

we were thinking to get marry perhaps in Estonia, a civil weeding. or even to take a cruise and get marry on the ship.

we currently dont have the money to invest in our business, and as i said is still "in 2 years plans"
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 1 year 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.

Your question is very long and complicated, are you happy if I reply to your question first thing tomorrow morning?

Kind regards
Customer: replied 1 year ago.

yes sure, i will check in the morning


 


it is mainly background information, so you can evaluate my situation better.


 


thank you

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

In respect of the best and easiest way to remain together, what you may want to do is marry your fiance either in Estonia,Columbia or even the UK. Once you are married you can just apply for an EEA residence permit which will allow you to remain in the UK provided either your or your partner are exercising treaty rights. You are said to be exercising Treaty rights if you are:

• employed or self-employed; or
• studying; or
• economically self- sufficient (meaning that you have sufficient funds to support you without requiring public funds); or
• a jobseeker; or
• retired; or
• someone who has had to cease working in the UK owing to permanent incapacity.

This will allow you both to set up business and work in the UK. Once you are married and are in the UK you need to apply using the following form EEA 2:

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

Once you have been in the UK for 5 years and your husband has been exercising treaty rights you can then apply for permanent residency using form EEA 4 (Which is on the above link)

If you marry your partner before your current leave expires in 2014, then you can arrive to the UK before the expiry of your current visa and apply for an EEA family permit from inside the UK, this process usually takes 6 months and within that time you are able to work without any restrictions.

I believe your best option would be to marry before your current visa expires arrive to the UK on your psw visa and then apply for eea family permit from inside the UK. This will be fast way to obtain residency in the UK and it would mean you do not spend any time away from each other.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 1 year ago.

"then you can arrive to the UK before the expiry of your current visa and apply for an EEA family permit from inside the UK"


 


how long before my PSW visa expires i should apply for the EEA family permit?


 


"Once you have been in the UK for 5 years and your husband has been exercising treaty rights you can then apply for permanent residency"


 


it will be 6 years in August since i have being here without living the country for more than 3 months, however this includes 1 1/2 years with PSW visa, will this time be taking into consideration?


 


also my fiance has being here working for over 3 years now, without asking from help from the government, will this be taken into consideration? or we have to be marry for this time to count?



thank u very much, this information which u provided me is really good

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

1. You can apply for your EEA family permit whenever you like as long as you are inside the UK and your visa is still valid. If you marry say in two months and you return to the UK after your marriage you can then apply straight on that basis. But what you must ensure is that you have evidence of your relationship ie letters going to the same address on both your names, photographs of you and your partner and of the marriage when it takes place, emails, letters, birthday cards etc.

2. In respect of your 6 years being taken into consideration, then strictly speaking yes, but just to clarify at the moment you are in the Uk under the IMMIGRATION RULES, once you marry and apply for an EEA permit you will be in the UK under the EEA regulations.

Under the IMMIGRATION RULES you are able to apply for indefinite leave to remain after you have been in the UK legally for 10 years, so lets say you have held your family permit for another 4 years you would have been in the UK for a total of 10 years legally. However, the Home office does not like individuals jumping from IMMIGRATION RULES to EEA regulations so in your case I would wait until you have held your EEA family permit for 5 years before applying for permanent residency.

3. If you fiance has been working for 3 years there is nothing stopping him after he has reached 5 years (so in another 2 years) applying for permanent residency regardless of whether you still have not held the EEA family permit for 5 years. He can apply for his permanent residency after 2 years, but you would have need to have also been working in the UK for 5 years to apply. You cannot just apply after 2 years for permanent residency just because your partner can, you must wait a full 5 years

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2247
Experience: I am a qualified solicitor and an expert in UK law.
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