Hi.

I am an Australian citizen currently living in Australia planning to marry my fiance' who is a Polish citizen who has been living and working in the UK for the last 4 years but remains an EEA national (not recognised as UK settled or a citizen).

We meet in the UK when I was working and living in the UK on a Work Holiday Visa. My visa expired on the 1st March 2008. My fiance' proposed to me 2 weeks before the expiry date of my visa.

I have now returned to Australia leaving my fiance' in the UK in order not to over stay my visa and jepordise my chances for future visa applications.

My problem is because my fiance' is not UK recognised as settled or as a citizen (as he has to have lived in the UK for five years) I do not qualify for the fiancee' visa the UK offer. I also do not qualify for the EEA Family Permit as we have no proof of our relationship has been together for 2 years or more (inwhich we haven't been together for 2 years anyways).

So my question is what are my options to be able to marry my fiance' as soon as possible? How does the permission to marry work? Are we able to get married in either of our home countries based on the fact we have permission, then return to our place of residency (him UK and me Aus) then apply for the EEA Family Permit to allow me entry into the UK?
Or can I enter the UK as a visitor and apply for the EEA Family Permit there?

Really I just need some reassurance this is the right (and easiest) option that is available to us both given with the lack of doumentary evidence that we are a legit couple.


Your help is muchly appreciated and I thank you in advance for all your support and suggestions.

Marchooska

 

HI.

Yet another lot of questions!

If I go with the second option (entering as a visitor) will this make the process longer when I apply for an EEA2 ? And is it better to make an appointment at the home office rather than sending the documents by mail or is the waiting process the same?

Also I am a bit confused on the biometric data that is compulsory when applying for the EEA family permit. I do not understand if I am allowed into the country as a visitor and then legally able to apply for an EEA2 it is not a requirement to give biometric data.

So, I can see it is easier for me to enter as a visitor but is it guarranted immigration will let me pass? Do I let them know that my plan is to apply for an EEA2 when I enter the UK and have my marriage cert with me? Or do I still need a return ticket back to Oz?

And if I decide with the family permit is it acceptable to apply for it in Poland where I will be getting married or is requisite to apply from my home country? I have looked at the form and it does give you the option of providing another address. But again will this lengthen the process time?