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✎ EN Non EEA citizen marrying EEA citizen special situation

Discussion in 'Immigration UK' started by ohenriquez, Nov 14, 2005.

  1. ohenriquez

    ohenriquez Member

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    Dear friends

    Our situation is special, because I am a doctor from Colombia and I have been here for 14 months, I studied here for 6 months , then I applied to continue as a student, but my student visa was refused because my school wasn t registered in the department of skills and education at the moment when I applied for the extension, I appealed with a letter explaining that the problem was solved and my school is registered now, but I have been waiting since January, and I am not able to work, nor to open a bank account. I have a girlfriend, she is french and we planned to get married. The home office sent me a letter explainining that if I leave uk my case is considered as a abandoned and no further action would be taken, then Our plan is to get married in colombia, and after we ll go to the british embassy in colombia to apply for a EEA family permit, my question is: there is a risk if my previous visa was refused, in other words, they would refuse the family permit, because of my previous situation? and another importat question is about the financial requirements, how much does she need to have in her account, I heard that 8000 to 10000 pounds, which seems to be a lot for us now, she is working full time in the Uk for one year, and she has 3000 in her bank account.
    Our question remains as to whether we have to keep waiting for ages to receive my visa extension without been able to work(We have just received a letter from the home office explaining that the process is going to take long) or we get marry in colombia and apply for EEA permit, but if we do so, Her savings are enough to meet the financial requirements? We are worried because we want to be a family.


    We would appreciate a piece of advice.


    Omar
     
  2. bendan

    bendan Active Member

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    If she continues to work in the UK - I mean she doesn't give up her job - then she would only have to show that her income is enough to support you. I think the requirement for substantial savings would apply in a case where neither of you had a job when you applied for the EEA permit.

    I think your problem is more likely to be proving that your marriage is not for the purpose of immigration. It might look like that to the UK authorities.
     
  3. Triple H

    Triple H Addicted member

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    Absolutely right you are!



    If you are engaged to EEA citizen with 5 years residence permit in UK you could get married in the UK. ;) ,no need to go to Colombia!
     
  4. ohenriquez

    ohenriquez Member

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    Thanks a lot for your advice, our relationship is genuine, we have been together for one year and we live together as well, How can we prove that our relationship is real, I mean which is the criteria? We have cards, letters, emails, prove of payment of our flat, bills, pictures in several parts miami, with my family etc. I called to the embassy and they told me that I dont need all these things, but we decided to take with us, and to marry in Colombia because, In the UK i have to ask for approval certificate, pay and wait, and to pay for the venue, then its better to spend these money in my country and to visit my famly as well.
    Then How can we prove that our relatioship is genuine?

    Thanks

    Omar and Grace
     
  5. Triple H

    Triple H Addicted member

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    8)

    EU national do not have to prove anything!As I said in my previous post,person with 5 years residence permit in the UK and job can marry with no restriction whatsoever!!!!!No certificate needed.You can go to nearest church or registry office and do it within a week!
    Any EU national that has been working in the UK for a year can apply for a 5 years residence.

    http://www.workpermit.com/uk/fiance.htm

    Unless you are engaged to an EU Citizen (not British citizen in this situation!) with a five year residence permit you must apply for entry from outside the UK. If you wish to apply from within the UK in other circumstances your application is likely to be refused unless you can show exceptional reasons why the application should be granted.

    If you go to Colombia,get married,coming back to UK would not be a problem.Make sure that you have all the papers ready,whole process of you obtaining the family permit would be just formality,at no cost ;)

    Triple H
     
  6. bendan

    bendan Active Member

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    In principle, there should be no problem getting married in in your home country and returning to the UK. The reason I said there may be doubts is because doubts over the marriage are the only grounds on which they could hold up your application, if your spouse is working in the UK. The fact you were having problems with your visa would probably raise suspicion. That doesn't mean you wouldn't get the permit, it just means they might look a little closer at things.
     
  7. Triple H

    Triple H Addicted member

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    Family permit should be given to him at no cost,in no time and no questions asked,but in practice all depends on some little admin people in Bogota.
     
  8. ohenriquez

    ohenriquez Member

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    Dear friends

    We are really grateful, because the information is very useful for us, now we are less stressed and we are preparing all the documents needed to go to bogota embassy, thanks a lot for your advice, I let you know what is going on.

    Omar and Grace
     
  9. bendan

    bendan Active Member

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    You are right, the permit should be given free, as soon as possible and with (almost) no questions asked. But they *are* allowed to query whether you have a genuine marriage, as that is the basis for the issue of the permit. If you were having trouble with a visa application, that is a *legitimate* alert for the ECO that the marriage may not be genuine.

    If you look at the problems my wife is having getting a visa for Denmark (in the thread "Schengen Visa for non-EEA spouse") you'll see that it isn't always so straightforward. Having said that, the UK are usually OK at applying EU law in these cases.
     
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