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✎ EN EEA2 after Marriage visit visa!!
    

Discussie in 'Immigration UK' gestart door Samiya28, 8 dec 2008.

  1. Samiya28

    Samiya28 New Member

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    Iam European on treaty righs for 2 years,my fiance non EEA wants to come on Marriage Visit Visa that we can get marry here in UK,he came before two times and left on time...my question is Can he comes on MVV to UK and apply for residence card after marriage without the need for him to go back his country to apply for family permit..? any advise :?:
     
    #1 Samiya28, 8 dec 2008
  2. thsths

    thsths Addicted member

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    The problem with this visa is that it is only for visits. So while he can apply for a residence card under European law once married, he would also intentionally abuse the visa. He could argue that he changed his mind, but since you are already planing it, that may not be plausible.

    Unfortunately there are few alternatives. A fiance visa is probably not possible, because you are not settled (permanent residence). You could apply for an unmarried partner visa if you have been living together for a while. Or he could get married on the MVV, and then go to France and apply for an EEA Family Permit from there.

    The easiest option would be to get married abroad.
     
    #2 thsths, 8 dec 2008
  3. Samiya28

    Samiya28 New Member

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    Thanks thsths for your fast reply,it is not the point of changing mind other than following EU law that permit to us after we get married in UK my fiance will automatically become family member of EEA and based on that he would be eligible to apply for RC...if this is fact so why we dont use it althought he can return back to apply for EEA family permit but if we based on the EU law we have another way to get it done inside UK why we have to waste more time??
     
    #3 Samiya28, 8 dec 2008
  4. thsths

    thsths Addicted member

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    That part is not the problem. But it is illegal to apply for a MVV if you intend to stay in the UK, so I would certainly not recommend that.
     
    #4 thsths, 9 dec 2008
  5. Samiya28

    Samiya28 New Member

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    Thanks thsths but its strange that who has visit visa for the purpose of marriage and intention to marry when it comes to stay with his/her partner its against the first intention of that visa and when it comes to other visas like :

    Students
    Work Permit Holders
    TWES Work Permit Holders
    SBS Work Permit Holders
    Highly Skilled Migrants
    Working Holiday Makers
    Fresh Talent Working in Scotland scheme participant
    A participant on the Science and Engineering Graduate Scheme
    Domestic Workers.

    All of them enter UK by other intetntion than marriage and when they want to get married and stay, HO doesnt say NO you had different intention so you must go out and apply for fiance visa but they accept switching them to settlement....what do you think about that??

    I want you also to get a look at this site and tell me what they mean by http://www.lawfirmuk.net/english/marriage.htm

    Switching Rules

    Since 01st of October 2004, there have been some major changes in the switching rules. Marriage visitors can no longer switch to any other category under the immigration rules. Marriage visitors are normally issued visas on the assumption that they would switch to spouse visa before the expiry of their leave to remain or return before the end of their permitted leave and have not got any other intentions.
     
    #5 Samiya28, 9 dec 2008
  6. thsths

    thsths Addicted member

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    Well, it is strange, and there was a long discussion about it on another forum. The rule was introduced when applications in country were free, to avoid people "dodging" the visa fee. Today that reason is gone, and several people have successfully challenged the no switching rule in court.

    However, your case is different. The MVV is for a very specific purpose: foreign nationals that want to combine a holiday in the UK with a wedding. It is a visa to facilitate an industry - nothing more. Settlement is clearly excluded (under UK law), and you cannot claim habitual residence or family life either.
     
    #6 thsths, 10 dec 2008
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