✎ EN Eu marrying a common wealth citizen.

maryjane · 14 Febbraio 2005

Hello:

I am planning to marry my pakistani boyfriend and I am European. Would he get the right to work in the Uk even if I am only employed part-time?. I'd very much appreciate your replies.

EasyExpat · 14 Febbraio 2005

What do you mean by I am European? Are you British? Because the rule is different whether you are British and you live in the UK with your husband (he will have to pass the normal immigration process for spouse of a UK citizen), or you are from another EU country and then the EU rule is that your partner will inherit your rights to live and work in the UK as a EU citizen.

However you should refer to the global rules of the Immigration department, espcially if you want to marry your fiance in the UK: http://www.ind.homeoffice.gov.uk/. It has changed a bit recently for people who are subject to immigration control and who wish to marry in the United Kingdom (UK).

PS: I removed your other message which was duplicate and posted just after this one...

maryjane · 14 Febbraio 2005

Thanks for your prompt reply. I am Spanish but we are planning to live in the UK. Does that mean that he will inherit the same rights as me to work and live in the UK?. How about applying for the fiance visa from Pakistan?. I'll have a look now at the website you sent me. Thank you so much.

Triple H · 15 Febbraio 2005

Hi
This will give you basic rules if he is applying for fiance visa:

"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.
You are granted entry to the UK for a period of six months during which time you must marry your fiancé/e in the UK. If there are exceptional reasons for delaying marriage until after the initial six months an extension to stay in the UK may be granted.
You will not be permitted to work in the UK on the fiance/e visa, and you and your fiance/e must show that there will be sufficient funds and accommodation in the UK without requiring public funds before and after the marriage. Public funds cover various benefits paid by the Government if you are currently looking for work, if you are on a low income and if you are in various other situations.
You must have met your future spouse. This is to prevent a situation that occurs sometimes in arranged marriages where the future husband and wife have never met.
You must intend to live together permanently with your future spouse once you are married.

You should apply for a marriage visa from within the UK when you are married, and will then be eligible to work freely in the UK. "

I dont know your situation in full so I can not give you more info.

Do you live in UK now? Have you got suficient funds to cover your fiance stay if not working?etc,etc.

Regards

Triple H 8)

maryjane · 15 Febbraio 2005

Thank you for your reply but I am still very confused.

I am Spanish and therefore European which means that I don't need residency or a work permit to stay in the UK. As I understand it I can stay and live and work for as long as I want. My question is now: Will my boyfriend have to go back to Pakistan and apply for a fiance Visa before we get married?. Once we are married will he still have to prove he can support himself with out working?. I'd very much appreciate your reply as I am extremely confused.

EasyExpat · 15 Febbraio 2005

According to the UK website, yes he will have to apply from outside the UK for a fiance visa.
But after you are married, you are married. Being married to a EU citizen living in a EU country he will inherit your rights to live and work.

maryjane · 15 Febbraio 2005

Thank you very much for your reply. I am more clear now. I was just confused by the previous message I got from somebody else. I did visit the home office website and it wasn't very clear that's why I was asking again. I've got one last question. Will he we have to go through the process of the fiance visa?. Or can we just get married and then ask for directly for the spouse visa?. Thank you so much and sorry for being a pain.

EasyExpat · 15 Febbraio 2005

According to my understanding it's quite clear: the answer is YES, he will have to get the fiance visa befor to come.

You will find answers to your question regarding the new rules from 1 February 2005.

People who are subject to immigration control who wish to marry in the United Kingdom (UK) must either:

- Hold entry clearance as a fiancé/e or marriage visitor, or
- Hold a Home Office certificate of approval, or
- Be a person with settled status in the UK (e.g. indefinite leave to remain)

- People who are subject to immigration control will also be required to give notice to marry to a registrar at one of 76 designated register offices in England and Wales.
Click to expand...

Your boyfriend cannot apply for a certificate of approval if

* you were granted six months or less leave to enter or remain in the UK since you were admitted on this occasion;
* you have less than three months of that leave remaining;
* you have no valid leave to remain in the UK
Click to expand...

Therefore, you must first apply for the fiance visa before you are able to marry if you are not from the EEA.

Triple H · 16 Febbraio 2005

Hi
Maryjane,as I understand you will have to prove that you can support your future husband either as employed or have enogh resources not to rely on public funds.If you had 5 years residence permit you would not have to apply for a fiance visa.As it stands:

"* You will not be permitted to work in the UK on the fiance/e visa, and you and your fiance/e must show that there will be sufficient funds and accommodation in the UK without requiring public funds before and after the marriage. Public funds cover various benefits paid by the Government if you are currently looking for work, if you are on a low income and if you are in various other situations"

Regards

Triple H 8)

maryjane · 16 Febbraio 2005

Eu citizen marrying common wealth citizen.

Thank you very much for your replies.

I am much clearer now. So sorry to be so annoying but I want to make sure I understand everything and I don't miss out on anything. Would it be enough for me to prove I've got sufficient funds to support my future husband until he is able to work?. I've tried contacting the home office but they haven't replied and in their website there are too many technical terms with which I get confused. Once again I apologise.

EasyExpat · 16 Febbraio 2005

Triple H ha scritto:

If you had 5 years residence permit you would not have to apply for a fiance visa.
Click to expand...

Triple H, that's not Maryjane who needs the fiance visa, but her Pakistani boyfriend.
Unfortunatly if he cannot apply for a certificate of approval he will have to go back to his country to seek a fiance visa.

Triple H · 17 Febbraio 2005

Sorry mate ,I meant her fiance not her

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