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✎ EN Non-eu to marry french citizen, both currently in UK.

Discussion in 'Immigration UK' started by TSG, Mar 22, 2005.

  1. TSG

    TSG Member

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    Hi All -

    My situation is this: I'm an Australian in the UK, currently on a Working Holiday Visa, due to expire shortly. I've met the love of my life, and she is French living/working in the UK. We would both like to get married and continue our life in the uk.

    I'm a little bit lost about my options/procedure with all this...
    - do we get married in france and then do i need apply for visa in uk?
    - or do i get french citizenship?
    - or probably something i don't already know???!

    I've tried searching these forums for this and have found similar threads, but am still unsure. Your directions, help and advice is most welcome!

    I'd also just like to say that this site is awesome, and havent seen anything like it before on the net! Will definatelly reccommend it to my friends!

    Thanks again. ;)
     
  2. Coyan

    Coyan Addicted member

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    Being married to your employed French partner in the UK entitles you to all the Rights of an EU Partner.
     
  3. TSG

    TSG Member

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    Thanks for your quick response Coyan! But does this mean that we would get married in France or in England? And do you have any information on the process to take from here? Are there any official sites with information relating to my situation?

    Thanks :D
     
  4. Triple H

    Triple H Addicted member

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    :)

    Hi there

    If you get married in the UK you got to do this:(in my opinion this is the best option for you!)

    "A completed EEC1 form (A complete EEC1 form (available from the Immigration and Nationality Directorate’s website at www.homeoffice.gov.uk or by telephoning the application unit on 0870 241 0645.
    Your EEA national family member’s passport or identify card and you passport together with evidence of your relationship, for example a marriage certificate, birth certificate.
    If you fall within the category of family member that requires that you are dependent on the EEA national, evidence which demonstrates that you are dependent on the EEA national.
    Evidence to show that your EEA family is working, self-employed, studying, etc in the United Kingdom"

    And thats it. :rolleyes:

    If you want/have to marry in France you can apply for family permit,which would require:

    "If you wish to apply for an EEA family permit you should complete form IM2A which you can get free of charge from the nearest British Mission offering an entry clearance service.

    You should check with the British Mission that they are able to process your application if they cannot, they will advise you where to apply.

    Your application form may be submitted by hand or by post together with:

    your passport (in certain countries it may be inadvisable to send your passport through the post);
    two recent passport-sized photographs;
    your family member's passport, or a photocopy of the biographical details;
    proof of the relationship between you and your family member (if your spouse is applying we will need to see proof that you are lawfully married, ie your marriage certificate);
    May need proof of EEA National exercising Treaty rights in the UK.
    The entry clearance officer may then be able to decide your application without further enquiries. However, you may have to attend an interview, and in addition you may be asked for further documents. In any case, your application be decided as a matter of priority, and without undue delay, in all cases.
    If you require further information on this issue, please contact: UK Visas London SW1A 2AH fax: 020 7008 8359 or on the Internet: www.ukvisas.gov.uk "



    Regards

    Triple H
     
  5. TSG

    TSG Member

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    Hi Triple H,

    You sure are a Guru on this site!

    I've got another question - We currently live together and have been for some time. Instead of getting married, If we can prove that we are co-habiting (ie, joint bank statment, letter of residence...) and that she is my fiancee are we still able to complete the EEC1 form? or is there another option? :confused:

    :rolleyes: hmmmm... UK sure does try to make things difficult!

    Thanks in advance!
     
  6. Coyan

    Coyan Addicted member

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    Co-habitation/same sex relationship for the purposes of immigration is only recognised in the Netherlands and a couple of European countries. The UK doesn't recognise co-habitation for the purposes of immigration.
     
  7. Triple H

    Triple H Addicted member

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    8)



    I belive that the UK immigration laws are sometimes complicated but fair.You just have to follow the rules :read: and there is no problems.

    Good luck to you!
     
  8. shakesrear

    shakesrear New Member

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    Hello,

    I'm a US citizen and I got married in France. Marriage in France is a bit painful administration-wise.

    I don't think you can get married in France - at least not easily. In order to get married in France, you or your fiancee needs to have lived in France at the same location for 3 months prior to the wedding. You must get married at the mairie in your town of residence. Since both of you live in the UK, you wouldn't satisfy these requirements.

    You should get married in the UK. I don't know the marriage laws in the UK, but I know that France wouldn't be an option for you.
     
  9. TSG

    TSG Member

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    Update

    Hi all... Just wanted to give you an update on my situation -

    But firstly, thanks for all your advice and feedback! :D

    Basically, I went and saw a lawyer, and he say's that myself and my French partner can apply for the EEC1 form as co-habiting relationship... He says that he has done this before also (in fact, he's never had an unsuccessful case :confused: )

    But im a little confused as you guys say that i can't apply for it – in fact its making me a little nervous as im going to be putting my application in this week.

    Should I be nervous? and if it comes back unsuccessful, should i continue to challenge the decision or should i marry my fiancée? (its just i don't like the idea of marriage to satisfy a government...) ;)

    Thanks in advance again!
     
  10. Coyan

    Coyan Addicted member

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    Re: Update

    If your lawyer has precedence to rely on then I will suggest you go for it. The issue of relationships and recognition of partners is not subject to EU Law but rather State Laws.

    Ths is the reason why gay marriages/co-habiting (for the purposes of immigration) are recognised in the Netherlands but not in the UK or Ireland. In either case there are always some loopholes in the law which one could take advantage of.

    If your lawyer does have precedence under UK Law, just go for it and let us hear from you soon.

    Good luck!!!
     
  11. goldfish

    goldfish New Member

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    Its not that straight forward, even if you get married to a french citizen!! You have to apply for an indefinitive leave to remain in the home office providing your girlfriend can prove that she has been working in the uk at least 4 years. If she was already british then you would get one year leave then you could apply for undefinitive leave to remain. So basically your girlfriend has also to apply for indefinitive leave to remain ,with you and if she hasnt done it and she hasnt worked in the uk for 4 years she will first of all get 5 years residency, you will then get 5 years as well, you will be allowed to work but won't be allowed to claim any benefits if you don't work. If your girlfriend was already given 5 years residency and lets say she has 2 years left then you will be given 2 years, Then you will have to wait until she applies for indefinitive leave to remain. I know because i was in that case.
     
  12. vlang

    vlang New Member

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    Employment in France for spouse of EU Citizen??

    Hi!

    I was wondering if anyone could help me out. I am an American married to an Austrian, living in Germany, on the French border. As a spouse of an EU citizen, I have had no problem working in Germany; however, I would like to now keep my residency in Germany and work just over the border in Strasbourg, FRANCE. Does anyone know if this is possible and what I would need to do to obtain my visa? Thanks !!!

    Valerie :?:
     
  13. vlang

    vlang New Member

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    Sorry! I posted at the wrong place

    I just realized that I posted a response and wanted to post a new topic. Sorry about that!! :(
     
  14. Coyan

    Coyan Addicted member

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    Re: Employment in France for spouse of EU Citizen??

    Under EU Law, Germany is your host country where you have Rights. It doesn't matter if you live even 2 minutes from the nearest French town that right does not extend to French territory. Unless your husband have certain Economic Rights in France which entitles you to Establish there.

    On the other hand a new EU Directive for third-country nationals who have a permanent residence in one EU State to be able to move and estblish in another is supposed to kick in come April 2006. There haven't been much information forthcoming on this Directive so we just have to wait until then to ask the relevant authorities.
     
  15. TSG

    TSG Member

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    Wow.. it's seem like forever since i was last on this site. Well, i thought i should write to tell you all how the story is going.

    After 3 months, the Home Office looked into our application. As they call people and check facts etc, they called my partners work. You wouldn't believe it, but she finished working there 1 day before this call, as she had a new job lined up, and wanted to take some time off in-between jobs.

    The Home Office asked us to send new details of her employment - and we did. Two and a half months later, we got a response in the mail.

    The Home Office refused our application, stating that we did not meet the required 2 years of being together. (we have been together for almost 1year). :(

    I'm a bit disappointed. A) My lawyer knew that we had been together for less then 2 years but didn’t see this as a problem.. B) Why didn't the home office mention the period of our relationship issue when they were checking my partners employment status?

    I really don't know what to do. Has anyone ever appealed a refused application (EEC1)? Since then, some evidence of our relationship akin to marriage has grown. But the process will take 5 to 6 months, and go before a court should we appeal the decision.

    We both love to travel and it’s been hard to stay grounded for so long in the UK.

    Again, we didn't want to get married to satisfy a government, but is that our last solution?

    What do I do?

    Your advice is most welcome.

    Kind regards,

    TSG
    (PS. I guess the title of this thread should be renamed, as it's mostly about the Co-Habiting Relationship akin to Marriage?)
     
  16. alabama

    alabama Well-Known Member

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    TSG - I really feel for you. The same almost happened to me. My lawyer (from the Immigration Advisory Service no less) told me it would be fine to get an EEA Family Permit for my US partner as we had been co-habitating for over two years. We therefore went to the British Consulate in Paris, who took one look at our application and told us we had to be married. They advised us not to hand in the application as they would just refuse it, Hence, despite swearing I would never get married to satisfy a government, that is precisely what I am going to do this October. I'm not sure what your best course of action is now, though, good luck.
     
  17. polskasweetie

    polskasweetie Addicted member

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    Lawyers WILL say what they want, and will actually claim that this and that is possible. If you look at your situation, and the Home Office website has information on your specific situation, then you don't even need a lawyer to fill out the forms. This is how lawyers make alot of money, from the ignorance of people. Read and do some research, ask people in forums, not only this one of course, but since you're here, might as well ask us. I'm sure someone will have an answer to certain situations, maybe not all.

    I come from the US, where immigration forms are complicated and sometimes hard to understand for the majority of people, and that's why they get lawyers. I do some research, ask questions, and then fill out the forms myself. Never been refused on any paper I filed. Of course I made sure that I submitted whatever documentary evidence they needed or asked.

    No offense to lawyers (I've got a few in my family), but remember, it's your ignorance (or laziness) that they live off on. Get a lawyer when you REALLY need one.
     
  18. alabama

    alabama Well-Known Member

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    I completely agree. At least mine was a free lawyer, but when she told us we didn't need to be married, I asked her why it didn't mention co-habitation in any of the Home Office websites. She said they wanted to make it seem harder than it was to stop people coming in (bearing in mind she was from the Immigration Advisory Service now I can see she didn't know much about EU law) and that she'd managed to get co-habitating partners in under the Family Permit. She basically laughed my worries away, and because my partner and myself wanted to believe her, we left it at that. I will never make that mistake again, I should have trusted my instincts about the info from the Home Office and in the end we wasted a few hundred pounds going to Paris to file for the Family Permit. At least it didn't cost me more, but I cannot stress enough - do your own research as well. And this forum has been invaluable in that regard :)
     
  19. Masha

    Masha New Member

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    I am Brazilian with a Student Visa my girl friend is FRENCH, whom am intending to marry and stay together with in the UK. She was working before but recently stopped, due to medical grounds she could work if she choose to. but she decided not to work.

    She has some saving and could present a statement showing a reasonable amount of money in her account.

    Although am currently a student and not working, i had done some businesses in the past and also have some savings in my account.

    My question is: in our stuation, can we get married and apply to the home office for a stay and for how long will the stay be if granted. Could i pursue a british or a french citizenship and when.

    Any help and advice is most appreciated.
     
  20. lastica

    lastica New Member

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    hi there

    my visa has expired and me and my partner decided to get married.
    I saw that the laws have changed from 1 february that
    marriage will not be allowed if the in registry office i will not
    present a way of permission to be in the country
    since at the moment i can not provide it

    what you think i can do
     
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