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✎ EN Wanting to marry in Spain, nearly expired visa

Temat na forum 'Spain' rozpoczęty przez kiwish, Październik 6, 2007.

  1. kiwish

    kiwish New Member

    Dołączył:
    Październik 6, 2007
    Posty:
    1
    Polubienia:
    0
    Miasto:
    Manchester
    Hi,
    Slight problem! Help!!! I a Spanish national living in the UK for the last six years. My fiance is fron NZ living here on a Working Holiday Visa. We want to marry in Spain at the beginning on 2008.
    However, the problem is; his visa runs out next week. We have been trying to sort everything out for the last couple of months. After several phone calls to the home office (each giving us different information), they send us an EEA2 application form and we also downloaded a COA. We believed (based on the information from the Home Office) that the COA would be enough to entitle him to remain in the UK until we get married.
    Yesterday we were informed that the COA doesn't give any leave to remain.
    To complicate things further we are still waiting on paperwork from New Zealand to arrive and we would need to travel to Spain in the next couple of months to arrange the wedding over there, this could be complicated if his visa has expired as he wont be able to get back in the UK.
    Any advice at this time would be greatfully recieved.
     
  2. thsths

    thsths Addicted member

    Dołączył:
    Kwiecień 27, 2007
    Posty:
    239
    Polubienia:
    0
    Płeć:
    Mężczyzna
    Kraj:
    Wielka Brytania
    Obywatelstwo:
    Niemiecki (DE)
    Język:
    Deutsch, English
    Yes, dealing with the Home Office can be very confusing. Generally applying for a visa prevents you from becoming an "illegal resident", but the COA is not a visa.

    Instead, I think you should make an application under European law (EEA2). You will then receive a certificate of application a few weeks later, and with that you should be able to leave the UK without him being suspected of overstaying his visa. You should send the application as "signed for", so that you have proof of the Home Office receiving it, and it is sufficient to include copies of your passport. It would be nice if it is received before the visa expires, but technically that is not necessary. The postal strike does not help, and I would plan in some extra time for that.

    Processing the application usually takes 6 months, so it may not happen before you get married. This could be an advantage, because as an unmarried couple it is quite possible that your application is refused, unless you can show that you have lived together for quite a while.

    I assume he can get a tourist visa once he gets to Spain. Getting back may be more difficult: the UK system does not work very well while an EEA2 application is under way, even in a clearcut case. Luckily being from New Zealand he doesn't need a visa to enter the UK, so it might just work.
     
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