Forum Immigration UK


Fora i Immigration UK: stel u uw vragen en geeft u advies naar anderen.

  Zoeken in de website

  Richtlijnen Gebruiker  -  Help  -  Voorwaarden en Regels  -  Privacybeleid

✎ EN U.S. Citizen marrying EU Citizen - questions

Discussie in 'Immigration UK' gestart door Towne Hall, 11 feb 2005.

  1. Towne Hall

    Towne Hall New Member

    Lid geworden:
    11 feb 2005
    Berichten:
    1
    Leuk Bevonden:
    0
    Hi folks.

    Been reading various threads and FAQs on this site and am getting a general idea about what's in store for me. But I do have some additional questions.

    I'm an American citizen, about to marry my Italian girlfriend. She's currently living in the UK and has lived there for 6 years.

    1. When I enter the country, do I need to declare my intention to marry? I read the thread where it said that "from 1 February 2005 all non-EU citizens who are subject to immigration control and intend to marry in the country must enter on a fiance visa".

    However, what exactly does immigration control mean? I have never needed a visa to enter the UK, since I hold an American passport, but I obviously am subject to some kind of "control."

    What I'm asking is, can I just show up in the country as a 'tourist' and then get married the next week? Or is this going to cause me loads of problems?

    2. My future wife and I both have jobs which require us to move around a lot. As such, there will be extended periods of time when we aren't living together. Is this going to cause problems with the authorities, who might view it as a "marriage of convenience"?

    For example, she might do a short-term residence at a university elsewhere in Europe later in the year. During this time, I need to stay and continue to work in the UK. Will I have problems doing this?

    3. Corollary to above question: would I be able, once married, to do work outside the UK if my wife wasn't living with me? I understand that when I am married to an EU citizen I am supposed to "enjoy all the rights of residence and work of an EU citizen". However, is this always conditional on my living with my wife?

    For instance, I would like to do some work in France next year, but I am not sure if my wife will be able to come with. Would I be able to get the Cartes de Sejour (or the equivelent, since I understand the Cartes are no longer necessary for EU nationals) if my wife wasn't also applying at the same time?


    Thanks in advance for any help you can give me in clearing up my confusion. I am very glad to have found this site.
     
  2. Triple H

    Triple H Addicted member

    Lid geworden:
    9 feb 2005
    Berichten:
    1.279
    Leuk Bevonden:
    0
    Geslacht:
    Man
    Stad:
    Dublin
    Land:
    Ierland
    Nationaliteit:
    Brits (GB)
    Taal:
    English
    Hi
    I have been looking into this for last few months , but I am not any wiser,rules change all the time.

    "The requirements for immigration to UK as a Fiancé/e’s are very similar to the rules for married couples. You may wish to consider very carefully whether it is best to marry first and then apply for entry as this will avoid the necessity of making a fiance/e application and then a second application to remain as a spouse. However, please note that it is no longer possible for most visitors to change status to a spouse visa. The basic requirements for immigration to UK are as follows:

    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. "

    Basicaly when you enter UK ,as US passport holder you get 6 months (visa granted at the airport),so according to this if she has got 5 year residence permit in UK you should be OK. I would imagine you would get 5 years residence as well,so I do not see problem if she is workin elswhere and you are staying in UK,even thou rules say this:

    "Non-EU family members rights to remain in the UK are however, dependent on the EU family member continuing to exercise Treaty Rights in the UK e.g. In employment, in business, or economically self sufficient."


    As for the second question as it stands:

    You only inherit rights if your spouse is with you(read move with you).e.g if she is in France with you.You can not inherit rights independently.

    Regards

    Triple H
     
  3. EasyExpat

    EasyExpat Administrator
    Medewerker

    Lid geworden:
    10 feb 2003
    Berichten:
    8.583
    Leuk Bevonden:
    22
    Stad:
    London
    Land:
    Verenigd Koninkrijk
    Nationaliteit:
    Brits (GB)
    Taal:
    English, Français
    Immigration is always a tricky situation and as Triple H said, rules change all the time.

    Moreover you might have heard in the press recently that a bit of politics (general election time in UK) has leaked into thoses rules. In order to compete in immigration and law and order with the Conservative party in England, Tony Blair wants to tighten the rules for immigration. On the other hand Spain has taken exactly the opposite option with legalising about 1 million immigrant. :mad:

    And on top of that, you've got the EU laws giving you the right to move into the European Union, as you inherite the rights of your partners... so all of that is very complicated :headscratch:

    Hopefully we will soon have more FAQto answer those sort of questions. In the meantime I just recommend to use the forum and request as much information as possible from your embassy.
     
  4. Coyan

    Coyan Addicted member

    Lid geworden:
    7 jan 2005
    Berichten:
    121
    Leuk Bevonden:
    0
    Stad:
    Den Hague
    Land:
    Nederland
    Nationaliteit:
    Brits (GB)
    Taal:
    English


    First as an American Citizen, you don't need a tourist visa to enter the UK and can stay for 3 months. In this respect you are not subject to immigration Control. So this law will not apply to you.

    You need to register at least 2 weeks before the marriage. This should give you enough time register and get married to your partner. After marriage you can then apply for a 4yr EU Residence Card from the Immigration and Nationality Dept.


    You don't need to tie your apron strings to your wife to continually enjoy your EU Rights of Living in the UK and you can move back and forth at will without your wife accompanying you.

    The only time you loose your EU Rights to stay in the UK is the Prouncement of a Divorce with the issuance of a Decree Absolute by a Court of Law in the UK.

    If you need more information do get in touch with me at coyan_law@yahoo.co.uk
     
  5. globetrottinghellraiser

    Lid geworden:
    22 feb 2005
    Berichten:
    3
    Leuk Bevonden:
    0
    One thing to look out for once you're in the UK... I entered on an EEA Family Permit (based on my marriage to EU citizen). That Permit is good for one year. I am trying to figure out what I need to do to entend it, and read on the Home Office's website that what I need to do is apply for a residency permit, this application can only be submitted by mail, I must send both my and my spouse's passports with the application, and while these applications normally take three weeks they are lately experiencing delays that mean these applications may take up to SIX MONTHS! A real problem if you need to travel often for work, as I do. Just FYI. Good luck.
     
Laden...
Vergelijkbare onderwerpen Forum Datum
✎ EN Marrying a french citizen living in the UK as a US citizen Immigration UK 15 jan 2015
✎ EN U.S. Citizen marrying EU National in UK Immigration UK 15 nov 2013
✎ EN British Citizen marrying US Citizen in UK Immigration UK 19 sep 2012
✎ EN EU Citizen Marrying a Kuwaiti National Immigration UK 23 aug 2012
✎ EN UK citizen marrying in US to US ciizen "is it easier" Immigration UK 14 sep 2011

Deel Deze Pagina